Ralph E.. Mccarthy v. Federal Deposit Insurance Corporation

How courts have described this case

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

• holding that “apart from claims made in connection with bankruptcy proceedings or arising out of a breach of contract fully performed by the aggrieved party but not repudiated by the receiver, all claims or actions [against a failed bank] must be submitted for administrative resolution”
• recognizing that “Sharpe was an unusual case”
• noting the “special situations” that constitute an “exception[ ]” to the rule that “all claims or actions must be submitted for administrative resolution”
• collecting cases and noting that our sister circuits “have uniformly held that debtors’ actions are subject to FIRREA exhaustion”
• describing Sharpe as an “unusual case” “arising out of a breach of contract fully performed by the aggrieved party but not repudiated by the receiver”
• discussing Homeland Stores and concluding “that claimants ... who challenge conduct by the FDIC as receiver, must exhaust administrative remedies before seeking judicial review”

Source: CourtListener parenthetical corpus (CC0).