Deadmau5 Thank you for posting Motion
For myself, this was an extremely moving document. The curtain drawn back on the receivership process produces a strange reaction -nausea and a check to Etrade for more shares. "Hair of the dog", am guessing.
Interesting argument to avoiding court trial below, and for summary judgement.
This is good legal rep. (imo), let's see if they pull it off......
STANDARD OF REVIEW
United Western brought this action under FIRREA’s judicial review provision, which directs that “the court shall upon the merits dismiss such action or direct the Director to remove[a] … receiver.”
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“[T]he weight of the authority indicates that this review should ordinarily be confined to the administrative record as in an ordinary [Administrative Procedure Act (“APA”)]case.”
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Likewise, the APA standard of review would apply.
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Thus, the Bank’s motion for summary judgment should be treated like one brought in an “ordinary APA case.”
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In the typical APA case, “the district judge sits as an appellate tribunal.”
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Therefore,Federal Rule of Civil Procedure 56 “doesn’t apply due to the limited role of a court in reviewing he administrative record.”
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Summary judgment becomes merely a “mechanism for deciding, as a matter of law, whether the agency action is supported by the administrative record and other wise consistent with the APA standard of review.”
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AI
