Harrison v. Ocean Bank, 614 Fed. Appx. 429 (11th Cir. 2015) (lead counsel for FDIC) (affirming under the APA a final decision of the FDIC that the payment of compensation under a settlement agreement between a bank and its fired senior vice president to stave off a suit for discrimination and retaliation fell within the…
Quintero Community Assn. Inc. v. FDIC, 792 F.3d 1002 (8th Cir. 2015) (argued for FDIC) (in a suit brought by investors in a failed golf-resort development against FDIC as receiver for the primary project lender and the lender’s directors and officers, declining to reverse the district court’s denial of the investors’ remand motion arguing the…
Young v. FDIC, 103 F.3d 1180 (4th Cir. 1997) (argued for FDIC) (holding that wrongful dishonor and unfair trade practice claims asserted against the FDIC were barred by the common-law D’Oench Doctrine and FDIC could not be held liable on respondeat superior theory for the alleged fraudulent conduct of a failed bank’s vice president). Download/View…
Peoples Westchester Sav. Bank v. FDIC, 961 F.2d 327 (2d Cir. 1992) (argued for FDIC) (holding that (i) an interest on lawyers account (IOLA) is a general deposit—not a special account—and clients of an attorney with money in an IOLA when a bank fails are entitled to federal deposit insurance only up to the insured…
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…
Tri-State Hotels, Inc. v. FDIC, 79 F.3d 707 (8th Cir. 1996) (acting senior counsel for FDIC) (affirming district court’s judgment that a debtor of the bank had to comply with FDIC’s administrative claims process in FIRREA before the court would have subject matter jurisdiction of a suit against FDIC as receiver). Download/View Tri-State Hotels, Inc….
Nat’l Trust for Historic Pres. v. FDIC, 995 F.2d 238, 240 (D.C. Cir. 1993) (lead counsel for FDIC), vacated, 5 F.3d 567 (D.C. Cir. 1993), reinstated in relevant part, 21 F.3d 469 (D.C. Cir. 1994), cert. denied, 513 U.S. 1065 (1994) (argued for FDIC) (holding that state and federal courts lack subject matter jurisdiction to…
Frew v. United States (lead trial counsel for United States) (in this medical malpractice trial involving the Army’s treatment of Ms. Frew’s leg in a military hospital the court held that the Army doctor did to commit medical malpractice)
FDIC v. O’Melveny & Myers, 61 F.3d 17 (9th Cir. 1995) (argued for FDIC) (on remand from the Supreme Court, holding under California law that FDIC as receiver was not subject to equitable defenses that could have been raised by the bank’s law firm in a legal malpractice suit filed by the bank before failure—including…
Vartan Nat’l Bank v. Office of the Comptroller of the Currency, __ F. Supp. 3d __, 2009 WL 1011578 (M.D. Pa. April 15, 2009) (lead counsel for OCC) (upholding under Administrative Procedure Act review the OCC’s determination under 12 C.F.R. § 4.33 to deny the bank’s request to depose an OCC bank examiner for the…
Perry Capital, LLC, et al. v. Jacob J. Lew, Secretary of the Treasury, et al., No. 14-5243 (consolidated with Nos. 14-5245, 14-5260, 14-5262) (D.C. Cir.) (lead counsel for FDIC as amicus curiae) (FDIC filed an amicus brief refuting the position of the class-plaintiff shareholders and federal Housing Finance Agency (FHFA) that FDIC as receiver or…
Gaubert v. United States (885 F.2d 1284 (5th Cir. 1989) (argued for United States) (where a former bank owner sued for millions of dollars in damages alleging that its federal regulator’s negligent day-to-day control of his troubled bank caused its failure, affirming in part and reversing in part the dismissal of the claim, holding that…
FDIC, as receiver for Strategic Capital Bank v. Countrywide Financial Corp., No. 12-57299 (9th Cir.) (lead counsel for FDIC) (arguing that a claim brought under the Securities Act of 1933 by FDIC as receiver for a failed bank that purchased residential mortgage-backed securities (RMBS) issued by Bank of America (BOA), or its subsidiary Countrywide, and…
Von Rohr v. FDIC, 826 F.3d 1046 (8th Cir. 2016) (lead counsel for FDIC) (in a suit brought by the former chief executive officer against his former bank and the FDIC alleging that bank breached his employment contract and challenging FDIC’s decision that payment thereunder would constitute a prohibited golden-parachute payment, the court of appeals…
National Union Fire Ins. Co. of Pittsburgh v. FDIC, 264 Kansas 733 (1998) (on the brief for FDIC) (reversing the entry of summary judgment in declaratory judgment action for the insurer, holding that failure by insured to provide a proof of loss within the time limit provided by a fidelity-discovery bond will not justify denial…
First Fed. Sav. and Loan Assn. of Rochester v. United States, 88 Fed. Cl. 572 (2009) (lead trial counsel for United States) (related to United States v. Winstar Corp., 518 U.S. 839 (1996)) (after trial in which the bank sought to recover approximately $400 million in lost-profit damages, awarding the bank $85 million on its…
Branch v. FDIC, 475 Fed. Appx. 745 (11th Cir. 2012) (lead counsel for FDIC) (summarily reversed based upon North Savannah).
Deutsche Bank Nat’l Trust Co. v. FDIC, 717 F.3d 189 (D.C. Cir. 2013) (argued for FDIC) (holding that bondholders of Washington Mutual Bank (WaMu) possessing $6 billion in allowed claims against the WaMu receivership lacked Article III and prudential standing to intervene in a contract dispute between FDIC and JPMorgan Chase Bank, N.A., about whether…
United States v. Gaubert, 499 U.S. 315 (1991) (on brief for United States) (where a former bank owner sued for millions of dollars in damages alleging that the bank its federal regulator’s negligent day-to-day control of his troubled bank caused its failure, reversing the Fifth Circuit’s decision and holding that the discretionary function exception of…
Vaught v. Green Bancshares, Inc., ___ S.W.3d ___, 2016 WL 1594963 (Tenn. App. April 18, 2016) (argued for FDIC as amicus curiae) (reversing a judgment for a bank’s former president and chief operating officer for breach of a post-employment-compensation agreement on the ground that the bank was precluded from paying compensation otherwise due because of…
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LOOK BEFORE YOU LEAP! SUING THE UNITED STATES: A LAWYER’S GUIDE TO INJUNCTIVE AND DECLARATORY RELIEF Suing the United States: A Lawyer’s Guide to Injunctive and Declaratory Relief By Jerry Madden | FEDERAL LAWYER MAGAZINE, DECEMBER 2017 The wisdom of the administrative state, which has its roots in the Progressive and New Deal Eras, is…
Grant Thornton, LLP v. FDIC, 435 Fed. Appx. 188 (4th Cir. 2011) (affirming an award of over $20 million to FDIC as receiver for the same bank against the same accounting firm based on accounting malpractice, favorably citing the observation of the concurring judge in the opinion of the District of Columbia Circuit that the…
FDIC v. Royal Park No. 14, Ltd., 2 F.3d 637 (5th Cir. 1993) (argued for FDIC) (holding that reliance upon oral representations of a government official was unreasonable as matter of law whether the representation was of fact or law). Download/View FDIC v. Royal Park No. 14, Ltd. Practice area(s): Contracts / Agreements Court: Fifth Circuit
City Nat’l Bank v. United States, 907 F.2d 536 (5th Cir. 1990) (argued for United States) (holding that a participating bank’s only recovery against FDIC, as receiver for the lead lender, was for breach of a contractual duty by FDIC to pay the participating banks their share of repayment proceeds, and therefore, the FTCA was…
Flagler Inv. Marietta, LLC v. Multibank 2009-1 CRE Venture, LLC, 633 Fed. Appx. 747 (11th Cir. 2015) (lead counsel for FDIC) (reversing a district court order remanding to state court a case in which FDIC intervened and holding that FDIC timely removed the case within 90 days of the state court granting intervention under FDIC’s…
FDIC v. Wentz, 55 F.3d 905 (3d Cir. 1995) (argued for FDIC) (holding that FDIC established the necessary “reasonable need” to gain access to the personal records of former directors of a failed bank to determine whether the directors improperly channeled bank funds to others for their personal benefit before the bank failed). Download/View FDIC…
Columbia First Bank, FSB v. United States, 60 Fed. Cl. 97 (2004) (member of the Justice trial team) (Winstar-related) (in a breach-of-contract suit brought by a bank for lost profits based upon Congress’s abrogation in FIRREA of the regulatory capital provisions of an assistance agreement with the FHLBB under which the bank merged with an…
Von Rohr, 826 F.3d 1046 (8th Cir. 2016) (lead counsel for FDIC) (in a suit brought by the former chief executive officer against his former bank and the FDIC alleging that bank breached his employment contract and challenging FDIC’s decision that payment thereunder would constitute a prohibited golden-parachute payment, the court of appeals affirmed the…
Long Island Savings Bank, FSB v. United States, 476 F.3d 917 (Fed. Cir. 2007) (lead counsel for the United States), acting en banc returning case to original panel for revision, rev’d, 503 F.3d 1234 (Fed. Cir. 2007) (of counsel for the United States) (Winstar-related) (vacating a $435 million judgment for lost profits in the form…
Ratchford v. First Southern Bancorp, No. 12–10492, 2012 WL 10478553 (11th Cir. Oct. 3, 2012) (same). Download/View Ratchford v. First Southern Bancorp
National Credit Union Administration Board v. Barclays Capital, Inc., 785 F.3d 387 (10th Cir. 2015) (lead counsel for FDIC as amicus curiae) (in a suit filed under the Securities Act of 1933 by NCUA on behalf of failed credit unions that purchased residential mortgaged-backed securities (RMBS) against the RMBS issuers and underwriters, reversing decision of…
State Nat’l Bank of Big Spring v. Lew, 795 F.3d 48 (D.C. Cir. 2015) (on the briefs for FDIC) (holding that twelve state attorneys general lacked Article III standing to challenge the constitutionality of FDIC’s orderly liquidation authority enacted as Title II of the Dodd-Frank Act because their allegations of harm were attenuated). Download/View State…
Foreman v. FDIC, 481 Fed. Appx. 424 (9th Cir. 2012) (lead counsel for FDIC) (affirming dismissal of a claim for wrongful foreclosure).
Grubb v. United States, 887 F.2d 1230 (4th Cir. 1989) (argued for United States) (in a medical malpractice suit brought under the FTCA related to heart surgery that caused the death of a retired military officer, holding that a telephone call by a Naval officer to the deceased’s spouse informing her that the Navy doctor…
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…
First Bank Nat. Assn. v. FDIC, 79 F.3d 362 (3d Cir. 1996) (argued for FDIC) (reversing judgment against FDIC in a case involving FDIC-Receiver’s repudiation of a bank lease). Download/View First Bank Nat. Assn. v. FDIC
Cole v. United States, 651 F. Supp. 221 (N.D. Fla. 1986) (on the brief for the United States) (in a wrongful death suit brought by the decedent of an army contract employee, held that (i) a claim for the Army’s negligent failure to apply and enforce provisions of a safety manual for ammunitions, explosives, and…
Cole v. United States, 846 F.2d 1290 (11th Cir. 1988) (argued for United States) (affirming judgment that the Army was not liable under the FTCA for violating an alleged duty to warn, where (i) the manufacturer of the ordinance took safety measures to remove one possible cause of the explosion, (ii) neither the Army nor…
Systems Plus, Inc. v. United States, 68 Fed. Cl. 206 (2005) (lead counsel for the United States) (denying a post-award bid protester’s request for declaratory and injunctive relief). Download/View Systems Plus, Inc. v. United States
Doe v. United States, 838 F.2nd 220 (7th Cir. 1988) (argued for United States) Download/View Doe v. United States
Bank United of Texas FSB v. United States, 50 Fed. Cl. 645 (2001) (member of the Justice trial team) (Winstar-related) (rejecting a bank’s claim for $558 million in lost profits related to FIRREA’s abrogation of the regulatory capital provision in an assistance agreement with the FHLBB and awarding, instead, $8.8 million related to the costs…
Lawson v. FDIC, 3 F.3d 11 (1st Cir. 1993) (argued for FDIC) (holding that the FDIC implicitly repudiated the above-market interest rates in a failed bank’s certificates of deposit (CDs) when it transferred the CDs to the acquiring bank under the terms of a P&A Agreement which empowered the acquiring bank to substitute the prevailing…
Crabtree v. Pueblo Corporation, 49 B.R. 806 (E.D. Tenn. Bankr. 1985) (attorney for trustee) (where trustee sought to recover from subsequent transferee a limited partnership interest in the debtor or its value, held that the transfer of interest in debtor was voidable and it was not inequitable and unfair to require transferee to return property…
In the matter of Carlos Loumiet, Former Counsel to Hamilton Bank, N.A. (Closed), Miami, Florida, Final Decision and Order, OCC-AA-EC-06-102 (July 27, 2009) (served as “decisional counsel,” 12 C.F.R. § 19.40(c)) (in rendering a final decision in connection with a recommendation by an administrative law judge (ALJ) against imposing a cease-and-desist order and civil money…
Trapnell v. United States (S.D. Tex.) (lead trial counsel for United States) (holding after trial in this wrongful death case under the Federal Tort Claims Act that sulfites included on salad and the Navy Officers’ Club at the Corpus Christi Naval Air Station Corpus Christi was not the proximate cause of the death by asphyxiation…
American Bankers Association, et al. v. Board of Governors of the federal Reserve, et al., No. 13-1310 (D.C. Cir. 2013) (lead counsel for FDIC) (challenging, in a direct review case, under the APA standard of review the Volker Rule promulgated under the Dodd-Frank Wall Street Reform and Consumer Protection Act—barring banks from making certain kinds…
Atherton v. FDIC, 519 U.S. 213 (1997) (on brief for FDIC) (holding that a federal common-law rule providing for bank director-and-officer liability based upon simple negligence was displaced by the Erie Doctrine, but agreeing with FDIC that 12 U.S.C. § 1821(k) (i) displaces state law to the extent it requires proof of intentional misconduct and…
At Unisys, Charlie Rowan developed an exceptional understanding of the challenges facing businesses litigating and resolving complex, high-stakes disputes.
Charlie Rowan has been responsible for the litigation and resolution of numerous multimillion-dollar disputes spanning a wide range of subjects in United States, Europe and Australia.
Charlie Rowan (Of Counsel) has over twenty-five years of experience as a business litigation and dispute resolution professional with decades of experience as Assistant General Counsel of Unisys Corporation, a global information technology company.
Jerry Madden received The John Marshall Award for Outstanding Legal Achievement, presented by Attorney General Eric Holder. This recognition is the highest Department of Justice award for a civil trial and appellate attorney.
Jerry Madden has been counsel of record in well over 150 appeals in the federal circuit courts of appeals and has been lead trial counsel at the Department of Justice in high-stakes or high-profile cases involving hundreds of millions of dollars.
Jerry Madden is one of the very few attorneys who has presented oral arguments in all thirteen federal circuit courts of appeals and has been lead agency counsel in suits before the U.S. Supreme Court.
FDIC v. Meyer, 510 U.S. 471 (1994) (on briefs for FDIC) (holding that (i) only federal employees—not federal agencies—can be sued under a federal cause of action for tort damages in connection with the violation of a person’s constitutional rights, and (ii) a suit against the United States under the FTCA is the exclusive remedy…
GTS 900F v. FDIC, 2012 WL 2086305 (C.D. Cal. 2012) (argued for FDIC) (holding upon review under the APA that the FDIC’s determination there would never be assets in a failed bank’s receivership to pay dividends to general unsecured creditors was not arbitrary, capricious, and abuse of discretion, or rendered in violation of law and,…
FDIC v. First American Title Ins. Co., 611 Fed. Appx. 522 (11th Cir. 2015) (argued for FDIC) (holding that (i) FDIC, as receiver, retained under the terms of the purchase and assumption agreement (P&A Agreement) all claims related to acts or omissions that caused a loss to the bank, (ii) FDIC could bring a breach-of-contract…
Vaught v. Green Bankshares, Inc., 2016 WL 1594963 (Tenn. App. Knox. April 28, 2016) (lead counsel for FDIC as amicus curiae) (vacating an award of $849,240 to a former president and chief operating officer of a bank in troubled condition under an employment contract because a payment in excess of $521,497 was prohibited as a…
FDIC v. Marine Midland Realty Credit Corp., 17 F.3d 715 (4th Cir. 1994) (argued for FDIC) (in an action by FDIC as receiver of a bridge bank, holding that (i) the bridge bank assumed the liabilities of a failed bank under the failed bank’s participation agreement, (ii) FDIC’s claim as receiver for the bridge bank…
American Bankers Association, et al. v. FDIC, et al., No. 13-cv-02050 (D.D.C. 2013) (lead counsel for FDIC) (challenging under the APA standard of review the Volker Rule promulgated under the Dodd-Frank Wall Street Reform and Consumer Protection Act—barring banks from making certain kinds of speculative investments that do not benefit their customers—as applied to trust…
In the Matter of: Grant Thornton, LLP, External Auditor for the First Nat’l Bank of Keystone, Keystone, West Virginia, OCC-AA-EC-04-02, OCC-AA-EC-04-03 (Dec. 7, 2006) (served as “decisional counsel,” 12 C.F.R. § 19.40(c)) (in rendering a final decision in connection with a recommendation by an administrative law judge (ALJ) against imposing a cease-and-desist order and civil…
Grant Thornton, LLP v. Office of the Comptroller of the Currency, 514 F.3d 1328 (D.C. Cir. 2008) (argued for OCC) (holding that an accounting firm was not subject to a cease-and-desist order or a CMP for accounting malpractice in failing to discover a massive fraud by a national bank in which half of its claimed…
FDIC v. North Savannah Properties, LLC, 686 F.3d 1254 (11th Cir. 2012) (argued for FDIC) (reversing the decision of the district court to remand a case removed by FDIC after it became the receiver for a failed bank that was sued in state court before it failed, rejecting the district court’s conclusion that FDIC must…
Jerry Madden is a highly experienced and accomplished federal trial and appellate lawyer practicing in Washington, D.C.
Sierra Club, Lone Star Chapter v. FDIC, 992 F.2d 545 (5th Cir. 1993) (argued for FDIC) (reversing judgment against FDIC and holding that an injunction would be vacated and remanded for further consideration where plaintiffs had not shown they were entitled to injunctive relief and where the district court did not enter findings of fact…
Long Island Sav. Bank, FSB v. United States, 54 Fed. Cl. 607 (2002) and Long Island Sav. Bank, FSB v. United States, 67 Fed. Cl. 616 (2005) (lead trial counsel for the United States) (Winstar-related) (in a breach-of-contract suit brought by a bank based upon Congress’s abrogation in FIRREA of the regulatory capital provisions of an…
National Credit Union Administration Board v. UBS Securities, LLC, et al., No. 12-cv-2591 (D. Kan. 2012) (lead counsel for FDIC as amicus curiae) (consolidated with four other cases filed under the Securities Act of 1933 by NCUA on behalf of credit unions that purchased residential mortgaged-backed securities (RMBS) against the RMBS issuers and underwriters, holding…
JPMorgan Chase Bank, N.A. v. First American Title Ins. Co., 750 F.3d 573 (6th Cir. 2014) (argued for FDIC) (holding that FDIC, as receiver, could bring a breach-of-contract action against a title insurance company based upon the terms of a closing protection letter (CPL) issued by the company whereby it agreed to indemnify the bank…
Gaubert v. United States (N.D. Tex. 1988) (lead counsel for United States) (where a former bank owner sued for millions of dollars in damages alleging that its federal regulator’s negligent day-to-day control of the troubled bank caused its failure, dismissed based upon the discretionary function exception of the FTCA because the decisions were based upon…
Vaught v. Green Bankshares, Inc., 2016 WL 1594963 (Tenn. App. Knox. April 28, 2016) (lead counsel for FDIC as amicus curiae) (vacating an award of $849,240 to a former president and chief operating officer of a bank in troubled condition under an employment contract because a payment in excess of $521,497 was prohibited as a…
GWN Petroleum Corp. v. OK-Tex Oil & Gas, Inc., 998 F.2d 853 (10th Cir. 1993) (argued for FDIC) (holding that a garnishment action was barred by 12 U.S.C. § 1825(b)(2) which precludes liens from attaching to property of FDIC held either in its corporate or receivership capacity). Download/View GWN Petroleum Corp. v. OK-Tex Oil
Flagler Investment Marietta, LLC v. Multibank 2009—1 CRE Venture, LLC, 663 Fed. Appx. 747 (11th Cir. 2015) (lead counsel for FDIC) (in a suit brought by Flagler against Integrity Bank for breach of a loan agreement regarding a loan made by a failed bank that was transferred by FDIC as receiver to Integrity, the district…
