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United Western Bank v. Office of the Comptroller of the Currency, et al.

  • Practice Area(s): Troubled Banks, Bank Regulatory, Complex Civil Litigation, Government Enforcement, Litigation
  • Attorney(s): Sandler, Andrew L.; Buffone, Samuel J
  • Case Date(s): 2011
  • Court: D.D.C.
  • Judge: Jackson, Amy Berman
  • State: Dist. of Columbia
  • Docket No. 1:11-CV-00408-ABJ

On behalf of United Western Bank, filed suit against the OTS and FDIC claiming a wrongful seizure and appointment of a receiver. The lawsuit asserts the bank was, in fact, "economically viable" and the seizure was "arbitrary and capricious." It demands that the court order the OCC, the OTS' successor, to remove the FDIC as receiver of United Western Bank. The Court denied a motion to dismiss by the OCC and granted United Western Bank leave to take discovery from the OCC to ascertain whether documents had been improperly excluded from the administrative record. The Court dismissed the FDIC from the case, but the FDIC has since intervened in the case in an attempt to block the release of FDIC documents identified as responsive in the course of discovery.