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A federal district judge in Detroit, Michigan granted Bienert Katzman Littrell Williams LLP's motion to strike and struck several key affirmative defenses alleged against BKLW's client, the Federal Deposit Insurance Corporation, acting as Receiver for Washington Mutual Bank (“FDIC-R”). BKLW attorneys Steven Jay Katzman and Anne Uyeda represented the FDIC-R in this matter as the agency's approved outside counsel.
Citing to and adopting several of the arguments advanced by BKLW, 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.
A copy of the order granting BKLW's motion to strike is found here.
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