· 7/29/2014
Rundgren v. Washington Mutual Bank, FA
Citations
- 760 F.3d 1056
- 2014 WL 3720238
- 2014 U.S. App. LEXIS 14622
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that FIRREA “bars judicial review of any non-exhausted claim, monetary or nonmonetary, which is susceptible of resolution through the claims procedure,”’ including claims for declaratory relief
- concluding that plaintiffs’ claim against Chase for a declaratory judgment voiding a loan plaintiffs received from WMB, and which Chase later acquired from the FDIC through the Purchase and Assumption Agreement, was “susceptible of resolution through FIR-REA’s administrative procedure”
- stating that a request for a declaratory judgment is “susceptible of resolution” through FIRREA’s claims procedure
- explaining that plaintiffs sought to void the loan based on WMB’s fraudulent acts
- holding under nearly identical facts that plaintiffs’ claims were related to WMB’s acts and omissions, and that a “claimant cannot circumvent [FIRREA’s] exhaustion requirement by suing the purchasing bank based on the conduct of the failed institution”
- noting that FIRREA does not bar true “affirmative defenses,” but FIRREA did bar the “plaintiffs bringing an independent action against [Chase], raising common law and statutory claims based on WaMu’s alleged fraud”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Ikuta, Hurwitz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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