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Federal Preemption

Jerry has litigated several cases in which Supremacy Clause issues have arisen. The Supremacy Clause of the Constitution of the United States expresses a fundamental precept that where there is a conflict between state and federal law, federal law prevails.

HARRISON V. OCEAN BANK

Harrison v. Ocean Bank, 614 Fed. Appx. 429 (11th Cir. 2015) (lead counsel for FDIC) (affirming under the APA a final decision of the FDIC that the payment of compensation under a settlement agreement between a bank and its fired senior vice president to stave off a suit for discrimination and retaliation fell within the […]

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FDIC V. NORTH SAVANNAH PROPERTIES

FDIC v. North Savannah Properties, LLC, 686 F.3d 1254 (11th Cir. 2012) (argued for FDIC) (reversing the decision of the district court to remand a case removed by FDIC after it became the receiver for a failed bank that was sued in state court before it failed, rejecting the district court's conclusion that FDIC must […]

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ATHERTON V. FDIC

Atherton v. FDIC, 519 U.S. 213 (1997) (on brief for FDIC) (holding that a federal common-law rule providing for bank director-and-officer liability based upon simple negligence was displaced by the Erie Doctrine, but agreeing with FDIC that 12 U.S.C. § 1821(k) (i) displaces state law to the extent it requires proof of intentional misconduct and […]

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YOUNG V. FDIC

Young v. FDIC, 103 F.3d 1180 (4th Cir. 1997) (argued for FDIC) (holding that wrongful dishonor and unfair trade practice claims asserted against the FDIC were barred by the common-law D'Oench Doctrine and FDIC could not be held liable on respondeat superior theory for the alleged fraudulent conduct of a failed bank's vice president).

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O'MELVENY & MYERS V. FDIC

O'Melveny & Myers v. FDIC, 512 U.S. 79 (1994) (on brief for FDIC) (holding that, absent a special rule provided by Congress in FIRREA, FDIC, as receiver, stands in the shoes of a failed bank unless state receivership law provides it with greater rights and, therefore, declining to adopt a federal common-law rule providing that—even […]

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