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Court Strikes Affirmative Defenses Alleged Against the FDIC-R

Fri 30th Jan 2015, Blog, Case Successes

On a motion brought by Bienert | Katzman, a federal district judge in Detroit, Michigan struck several key affirmative defenses alleged against the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank (“FDIC-R”).  Citing to and adopting several of the arguments advanced by Bienert | Katzman, the Court held that the defendant’s defenses based on the FDIC-R’s alleged lack of standing to litigate and enforce the subject breach of contract claim were improper based on Sixth Circuit precedent.  The Court also struck the defendant’s defenses based upon theories of Washington Mutual Bank’s alleged contributory negligence, finding that contributory negligence is not a valid defense in a breach of contract case such as the one at bar.

Steven Jay Katzman and Anne Uyeda of Bienert | Katzman represented the FDIC-R in this matter as the FDIC-R’s approved outside counsel.  A copy of the order granting the FDIC-R’s motion to strike is found here.