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· 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).

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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.