Branch v. Federal Deposit Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that unjust enrichment claim was a “restitutionary action[]” not “within the purview of section 1346(b)”
• noting that the legislative theory for similar claims of fraudulent conveyances under the Bankruptcy Code is “ ‘cancellation, not the creation of liability for the consequences of a wrongful act’ ”
• finding fraudulent conveyance claim not to be a tort claim for purposes of the Federal Tort Claims Act
• finding fraudulent conveyance claim not to be a tort claim for purposes of the Federal Tort Claims Act
• finding sovereign immunity waived for unjust enrichment claim against the Federal Deposit Insurance Corporation through the “general waiver of sovereign immunity under 12 U.S.C. § 1819(a).”
• overruling a motion to dismiss a claim under section 548(a)(1)(B) because, for purposes of surviving a Rule 12(b)(6) motion to dismiss, allegations of insolvency “are sufficient to overcome the presumption in favor of equivalent value.... ”

Source: CourtListener parenthetical corpus (CC0).