Federal act should have put end to claim quickly

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By John M. Fitzgerald

John M. Fitzgerald is a partner at Tabet, DiVito & Rothstein LLC. His practice is focused on appeals and commercial litigation. He can be reached at jfitzgerald@tdrlawfirm.com.

Posted October 21, 2015 3:16 PM

The Federal Deposit Insurance Corp. normally is not a forum where someone might try to assert a libel claim.But the Financial Institutions Reform, Recovery and Enforcement Act of 1989 has very specific requirements with respect to claims asserted against failed banks and their successors in interest, and those very specific requirements required a plaintiff to exhaust her administrative remedies in the FDIC before asserting a libel claim against the successor to a now-defunct bank.Because the plaintiff failed to assert her …

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