The FSLIC and Subject Matter Jurisdiction: Is a Court Really Necessary?



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Texas Tech Law Review


A recurring issue in litigation after a savings and loan association goes into receivership involves the question of who has original subject matter jurisdiction over these suits. This comment will analyze questions of subject matter jurisdiction, which arise in two different contexts in FSLIC suits. The first is whether the suit should be litigated in state or federal court and the second is whether the FSLIC itself or the federal judiciary has original jurisdiction over these suits. Proper analysis of these issues requires an examination of the purpose and scope of the FSLIC, the governing statutes, and the applicable case law while keeping in mind the need to maintain the delicate balance of power prescribed by article III, section 1 of the United States Constitution.



Saving and loan associations, Receivership, Federal Savings and Loan Insurance Corporation, FSLIC, Insolvency, Subject matter jurisdiction


20 Tex. Tech L. Rev. 155