PAYNE
v.
UNITED STATES

U.S. | 1993-06-01
No. 92-1518
508 U.S. 950 Supreme Court of the United States (1993) Positive Treatment
Cited by 1 case
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  • Fed. Deposit Ins. Corp. v. Angelique O. Stahl, 89 F.3d 1510 (11th Cir. 1996)
    …declined to reach the question of whether § 1821(k) preempts state common law, see, e.g., Miramon, 22 F. 3d at 1359 n. 2; Gallagher, 10 F. 3d at 424, or have held it does not. See FDIC v. McSweeney, 976 F. 2d 532, 537 (9th Cir.1992), cert. denied, 508 U.S. 950, 113 S.Ct. 2440, 124 L.Ed.2d 658 (1993). Frates is particularly illustrative of this distinction. In Frates, the Tenth Circuit held that § 1821(k) supersedes federal common law predicating liability upon simple negligence, while specifically reaff…

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