Flagler Investment Marietta, LLC v. Multibank 2009—1 CRE Venture, LLC, 663 Fed. Appx. 747 (11th Cir. 2015) (lead counsel for FDIC) (in a suit brought by Flagler against Integrity Bank for breach of a loan agreement regarding a loan made by a failed bank that was transferred by FDIC as receiver to Integrity, the district […]... [Read more...]
We have significant trial and appellate experience litigating commercial-contract disputes at the Department of Justice and FDIC. At FDIC, Jerry litigated contract matters related to the affairs of closed banks and disputes related to FDIC’s repudiation of bank contracts as part of the bank resolution process. He also argued appeals related to contracts between FDIC and banks that acquire the assets and liabilities of a failed bank.
At the Department of Justice, Jerry gained significant trial and appellate experience trying and handling appeals in high stakes, breach-of-contract suits filed in the U.S. Court of Federal Claims and later appealed to the Federal Circuit. These trials and appeals involved complex lost profits, restitution, fraud, and prior-material breach issues related to Congress’s abrogation in the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) of regulatory capital contracts with banks that acquired insolvent thrifts during the S&L crisis, as part of the overhaul of banking law.
FDIC v. First American Title Ins. Co., 611 Fed. Appx. 522 (11th Cir. 2015) (argued for FDIC) (holding that (i) FDIC, as receiver, retained under the terms of the purchase and assumption agreement (P&A Agreement) all claims related to acts or omissions that caused a loss to the bank, (ii) FDIC could bring a breach-of-contract […]... [Read more...]
JPMorgan Chase Bank, N.A. v. First American Title Ins. Co., 750 F.3d 573 (6th Cir. 2014) (argued for FDIC) (holding that FDIC, as receiver, could bring a breach-of-contract action against a title insurance company based upon the terms of a closing protection letter (CPL) issued by the company whereby it agreed to indemnify the bank […]... [Read more...]
First Fed. Sav. and Loan Assn. of Rochester v. United States, 88 Fed. Cl. 572 (2009) (lead trial counsel for United States) (related to United States v. Winstar Corp., 518 U.S. 839 (1996)) (after trial in which the bank sought to recover approximately $400 million in lost-profit damages, awarding the bank $85 million on its […]... [Read more...]
Long Island Savings Bank, FSB v. United States, 476 F.3d 917 (Fed. Cir. 2007) (lead counsel for the United States), acting en banc returning case to original panel for revision, rev’d, 503 F.3d 1234 (Fed. Cir. 2007) (of counsel for the United States) (Winstar-related) (vacating a $435 million judgment for lost profits in the form […]... [Read more...]
Systems Plus, Inc. v. United States, 68 Fed. Cl. 206 (2005) (lead counsel for the United States) (denying a post-award bid protester’s request for declaratory and injunctive relief).... [Read more...]