Gosnell v. Federal Deposit Insurance’s Empirical Analysis
938 F.2d 372 · 1991
Citation profile
6 federal appellate · 3 district ·
Relationships
Applies 12 U.S.C. § 1441A · 12 U.S.C. § 1819 · 12 U.S.C. § 1820 · 12 U.S.C. § 1821 · 12 U.S.C. § 1823 · 28 U.S.C. § 1331 · 5 U.S.C. § 551 (Administrative Procedure Act of 1946) · 5 U.S.C. § 701
Relies on Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. · Association of Data Processing Service Organizations, Inc. v. Camp · Flast v. Cohen · Clarke v. Securities Industry Assn. · Scanwell Laboratories, Inc. v. John H. Shaffer, Administrator (Acting) of the Federal Aviation Administration
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]ere we to allow disappointed bidders such as Gosnell to challenge the manner in which the FDIC chooses to dispose of its assets, we would undermine Congress’ intent to allow the FDIC broad discretion in the disposition of its assets.”
2 later decisions quote this exact passage · from the majority“Specifically, we believe that allowing [plaintiff] to sue based on his status as a disappointed bidder would be inconsistent with FIRREA’s goal of giving the FDIC broad discretion in disposing of assets under its control. Under 12 U.S.C. § 1821 (d)(2)(G)(i) (II), the FDIC as receiver may “transfer any asset or liability ... without any approval, assignment, or consent with respect to such transfer,” and, under 12 U.S.C. § 1823 (d)(3)(A), the FDIC enjoys the same power when acting in its corporate capacity____ [W]ere we to allow disappointed bidders such as [plaintiff] to challenge the manner in which the FDIC chooses to dispose of its assets, we would undermine Congress’ intent to allow the FDIC broad discretion in the disposition of assets.”
1 later decision quote this exact passage · from the majority“In cases where the plaintiff is not itself the subject of the contested regulatory action, the [zone of interests] test denies a right of review if the plaintiffs interests are so marginally related to or inconsistent with the purposes implicit in the statute that it cannot be assumed that Congress intended to permit the suit.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.