Federal Deposit Insurance Corporation v. Gilbert Bierman

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 degree of care must match-the extent of the problems known to the officers and directors
• holding that affirmative defenses such as failure to mitigate may not be asserted against the FDIC in its receivership capacity
• noting that the clearly erroneous standard is well established in this circuit's appellate review of mixed questions
• noting that the clearly erroneous standard is well established in this circuit's appellate review of mixed questions
• stating that “[f]ew distinctions have been drawn between the duties of inside and outside directors” and holding outside directors “shared responsibility with the insiders for the improvident loans” because they were on notice of the bank’s problems
• Congress has made it clear that FDIC is to exercise its discretion in choosing a course of action in its efforts to replenish the fund

Source: CourtListener parenthetical corpus (CC0).