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United Western Bank v. Office of the Comptroller of the Currency, et al.
Practice Area(s): Bank Director & Officer Defense, Bank Regulatory, Complex Civil Litigation, Government Enforcement, Litigation
Attorney(s): Sandler, Andrew L.; Buffone, Samuel J; Saul, Benjamin P.; Prieto, Liana R.
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.

Respectfully Chevy --you said yourself that UWBKQ had a Very good case, I guess I'm hopeless -- why would BS continue to advertise this as a significant representation if they lost the case? I certainly don't advertise my failures! Why did the board of Uwbkq drop the appeal (in their best interest) The agreement that the FDIC and JPM entered into was public and they said so--why is everything so secretive from the BK Court. Where is the $$$ coming from to pay the people they have paid in the BK Court? UWBKQ dropped the appeal just after the highlighted sentence above showed up in Lianas file. If there was more discovery to be had, why drop the appeal? If and I say IF there is a CSSA (confidential settlement stipulation agreement) then I would think it would be confidential. I guess my problem is that things just don't add up like I would expect. Too many questions remain.


BancShares and various subsidiaries have been named as defendants in legal actions arising from their normal business activities in which damages in various amounts are claimed. BancShares is also exposed to litigation risk relating to the prior business activities of banks from which assets were acquired and liabilities assumed in the various FDIC-assisted transactions. Although the amount of any ultimate liability with respect to such matters cannot be determined, in the opinion of management, any such liability will not have a material effect on BancShares’ consolidated financial statements.

Opinion isn't that one of the words from a forward looking statement? And God knows The board of directors for FCNCA would put a twist on anything. Hell they rule their bank with an iron fist.

Forgive my rant and thanks so much for putting up with me--hell why do you put up with me?

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