O’Melveny & Myers v. FDIC, 512 U.S. 79 (1994) (on brief for FDIC) (holding that, absent a special rule provided by Congress in FIRREA, FDIC, as receiver, stands in the shoes of a failed bank unless state receivership law provides it with greater rights and, therefore, declining to adopt a federal common-law rule providing that—even […]... [Read more...]
Legal and Accounting Malpractice
While at the Department of Justice, FDIC, and OCC, Jerry has been lead trial and appellate counsel in professional malpractice cases involving directors and officers of failed banks, accountants, lawyers, and doctors.
FDIC v. Mmahat, 907 F.2d 546 (5th Cir. 1990) (on brief for United States) (holding that (i) a bank’s general counsel’s debt was non-dischargeable on the basis of fraud or defalcation while acting in a fiduciary capacity, and (ii) a legal malpractice claim by FDIC was tolled under the Louisiana doctrine of adverse domination until […]... [Read more...]