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Clark County Bancorporation v. Federal Deposit Insurance Corporation, as Receiver for Bank of Clark County
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35097 · judgment May 21, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This case presents an important issue of the failure of lower courts to adhere to relevant Supreme Court decisions, Rodriguez v. FDIC, as Receiver for United Western Bank, 589 U.S. _ _ _, 140 S.Ct 713 (2020) (“Rodriguez ” ), and United States v. Wong, 575 U.S. 402
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(“Wong ” ). The questions presented are:
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Whether the Ninth Circuit Memorandum conflicts with the Supreme Court decision in Rodriguez, which confirmed that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) is not applicable to tax refund determination declaratory judgment actions between a parent and the FDIC as Receiver for a subsidiary pursuant to tax allocation agreements.
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Whether the Ninth Circuit Memorandum engaged in federal common lawmaking contrary to the Supreme Court decision in Rodriguez, by disregarding the United States Code, and the express jurisdiction provided therein by 12 U.S.C. § 1821(d)(6)(A)(ii).
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Whether the Ninth Circuit Memorandum conflicts with the Supreme Court decision in Wong, whereby the FIRREA claims filing date provision is an administrative claims processing rule and is not jurisdictional.
Counsel of record
For petitioner
James F. Sullivan
Logan, Vance, Sullivan & Kores LL P
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- May 02 2022Petition DENIED.
- Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 07 2022Reply of petitioner Clark County Bancorporation filed.
- Mar 28 2022Brief of respondent Federal Deposit Insurance Corporation, as Receiver for Bank of Clark County in opposition filed.
- Feb 22 2022Motion to extend the time to file a response is granted and the time is further extended to and including March 28, 2022.
- Feb 18 2022Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk.
- Jan 24 2022Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022.
- Jan 21 2022Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
- Dec 21 2021Petition for a writ of certiorari filed. (Response due January 26, 2022)
- Oct 20 2021Application (21A92) granted by Justice Kagan extending the time to file until December 23, 2021.
- Oct 15 2021Application (21A92) to extend the time to file a petition for a writ of certiorari from October 27, 2021 to December 23, 2021, submitted to Justice Kagan.