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Atherton Vs. Fdic
Cites for this judgment
- US Supreme Court
- Jan 14, 1997
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U.S. 213 (1997) October Term, 1996 Syllabus Atherton V. FederalSearch
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k). The federal common-law corporate governance standard enunciated in cases such as Briggs v. SpauldingSearch
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U. S. 132 , applied to federally chartered banks, but does not survive this Court's later decision in Erie R. Co. v. TompkinsSearch
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create a significant conflict with, or threat to, some federal policy or interest. See, e. g., O'Melveny & Myers v. FDICSearch
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common law (which the Circuit found applicable in the case of federally chartered banks). Resolution Trust Corp. v. CityfedSearch
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statute, sought certiorari. Compare Resolution Trust Corp. v. FratesSearch
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did once articulate federal commonlaw corporate governance standards, applicable to federally chartered banks. Briggs v. SpauldingSearch
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U. S. 132 (1891). See also Martin v. WebbSearch
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S. 504 (1919). But the Court found its rules of decision in federal common law long before it held, in Erie R. Co. v. TompkinsSearch
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of a special federal rule of decision. See Texas Industries, Inc. v. RadcliffSearch
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O'Melveny & Myers v. FDICSearch
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U. S. 79 , 87 (1994) (quoting Wheeldin v. WheelerSearch
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not the federal courts. Wallis v. PanSearch
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O'Melveny, supra, at 87. See also United States v. KimbellSearch
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Kamen v. KemperSearch
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standard. Compare Federal Deposit Insurance Corporation v. MasonSearch
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F.2d 548,551-552 (CA3 1940) (applying standard similar to simple negligence), with Washington Bancorporation v. SaidSearch
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laws that taxed the federal bank in an effort to weaken it. This Court held those taxes unconstitutional. McCulloch v. MarylandSearch
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See also Osborn v. BankSearch
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A. Pollard, J. Passaic, K. Ellis, & J. Daly, Banking Law in the United States 16 (1988). See also Briscoe v. BankSearch
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of June 3, 1864, ch. 106, 13 Stat. 99 (only federally chartered banks can issue national currency). See also Veazie v. FennoSearch
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in 1870 and thereafter this Court held that federally chartered banks are subject to state law. See National Bank v. CommonwealthSearch
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The Court subsequently found numerous state laws applicable to federally chartered banks. See, e. g., Davis v. ElmiraSearch
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St. Louis v. MissouriSearch
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Wichita Royalty Co. v. CitySearch
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Anderson Nat. Bank v. LuckettSearch
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California Fed. Sav. & Loan Assn. v. GuerraSearch
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Edgar v. MITESearch
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the standard of care governing officers and directors of federally chartered banks. See Resolution Trust Corporation v. ChapmanSearch
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Milwaukee v. IllinoisSearch
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Boyle v. UnitedSearch
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United States v. StandardSearch
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U. S. 398, 425 (1964) (relationships with other countries). See also Texas Industries, Inc. v. RadcliffSearch
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to recognize federal common law appear at least as strong as, if not stronger than, those present here. E. g., Wallis v. PanSearch
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common-law standards enunciated in cases such as Briggs did not survive this Court's later decision in Erie v. TompkinsSearch
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conduct that is less culpable than gross negligence such as simple negligence. Federal Deposit Insurance Corporation v. McSweeneySearch
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Federal Deposit Insurance Corporation v. CanfieldSearch
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Federal Deposit Insurance Corporation v. SwagerSearch
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and that of Senator Garn, six weeks before Congress voted on the law. 135 Congo Rec. 12374 (1989). Contrast Clarke v. SecuritiesSearch
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Syllabus Atherton V. FederalSearch
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Erie R. Co. v. TompkinsSearch
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Resolution Trust Corp. v. CityfedSearch
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Compare Resolution Trust Corp. v. FratesSearch
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Martin v. WebbSearch
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See Texas Industries, Inc. v. RadcliffSearch
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