· 8/29/1994
National Union Fire Insurance Company of Pittsburgh, Pa v. City Savings
Citations
- 28 F.3d 376
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that FIRREA’s jurisdictional bar to “ ‘any action’ includes actions by debtors as well as creditors, and is not limited to actions asserting a right to payment.”
- reserving question whether pendent appellate jurisdiction is available in any circumstances other than when “necessary to ensure meaningful review of an appealable order”
- finding that the plain meaning of § 1821(d)(13)(D)(i) includes declaratory judgment actions
- giving a definition of a defense as “a reason in law or fact why the plaintiff should not recover or establish what he seeks”
- relying on Black’s Law Dictionary (6th ed. 1990) and borrowing from the definition of claim in the Bankruptcy Code
- rescission is an affirmative defense and “a claim (or a counterclaim) is essentially an action which asserts a right to payment.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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