· 1/12/2024
Rivera Quiñones, Luis a v. D De Correccion Y Rehabilitacion
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where a claim is not \within the exclusive purview of the FTCA ... the 'sue-and-be-sued' provision\ remains available to waive the agency's sovereign immunity
- holding that where a claim is not “within the exclusive purview of the FTCA ... the ‘sue-and-be-sued’ provision” remains available to waive the ágency’s sovereign immunity
- state law claim for pro rata distribution exempt from FTCA because no analogous state law claim would exist against private person
- FDIC’s liability is unlike that of a private individual under California law
- “The ‘sue-and-be-sued’ language of 12 U.S.C. § 1819 (Fourth) is a general waiver of sovereign immunity from claims brought against the FDIC.”
- “the FTCA applies only 23 if state law would impose liability on private persons under similar circumstances”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.