Resolution Trust Corp. v. Sands’s Empirical Analysis

Citation profile

4 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The holding of O’Melveny & Myers addressed whether the FDIC, suing as receiver, is governed by state law when it brings an action to recover on the basis of state law claims for which the institution could have sued had it not failed. It has no precise application to the question whether the RTC, in its corporate capacity, can be subjected to state law defenses based upon its post-closure conduct. The reasoning of O’Melveny & Myers likewise does not disturb the rationale of Mijalis . Unlike Mijalis and [Federal Deposit Insurance Corporation v. ] Bierman, [ 2 F.3d 1424 (7th Cir.1993) ], both of which dealt in relevant part with the post-closure conduct of the FDIC suing in its corporate capacity, O’Melveny & Myers concerned the FDIC in its receivership capacity, in which it stands in the shoes of the failed institution.... O’Melveny & Myers does not affect the reasoning of Mijalis because the Fifth Circuit was addressing the FDIC’s own conduct, not that which is attributable to it as receiver of a failed institution.”

   1 later decision quote this exact passage · from the majority
   e.g. 892 F. Supp. 848 - Federal Deposit Insurance v. Schreiner

2. “[T]he rules of decision at issue here do not govern the primary conduct of the United States or any of its agents or contractors, but affect only the FDIC’s rights and liabilities, as receiver, with respect to primary conduct, on the part of private actors, that has already occurred.”

   1 later decision quote this exact passage · from the majority
   e.g. Grant Thornton, LLP v. Federal Deposit Insurance