That all depends on whether JPM conspired and colluded with the FDIC - and as we know through discovery, JPM was neck deep in the "Project West" initiative, which might tie JPM into the FDIC's liability notwithstanding the FDIC's duty as the receiver.
I'm not familiar with the FDI Act, but without an express statutory exception I do believe that unwinding the P&A Agreement would be a breach of contract unless of course the parties were ordered to do so by court order.
Sorry for the brevity but I'm swamped today and need to get some more reading done before class tonight.
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