Federal Deposit Insurance Corporation, Receiver of Texas Investment Bank v. Rockleigh S. Dawson, Jr.

How courts have described this case

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

• holding that the majority rule does not shift onto the defendant \the burden of proving that a majority of the board was not culpable\
• applying de novo review because district court denied equitable tolling as a matter of law rather than in exercise of discretion
• “[S]ubjection of a prisoner to lack of sanitation that is severe or 5 prolonged can constitute an infliction of pain within the meaning of the Eighth Amendment.”
• principle stated in finding that an action for fraud 26 committed against a corporation is tolled but the tolling does not apply to a claim based upon 27 negligence
• Breach of fiduciary duty claim against former bank officers based upon the officers’ oath of office, which created a statutoiy and common law right to recover for dereliction of duty, was grounded in tort
• “Under the [majority test] approach, the plaintiff need not show that the wrongdoers completely dominated the corporation, but rather must show only that a majority of the board members were wrongdoers during the period the plaintiff seeks to toll the statute.”

Source: CourtListener parenthetical corpus (CC0).