Newspapers report that the Federal Deposit Insurance Corporation is poised to sue Bankers to recoup lost profits of people who invested in their Banks. See, e.g., Suzanne Kapner & Paul Davies, "U.S. Watchdogs to Sue Executives of Failed Banks" (Financial Times Online, published April 10, 2011).
It seems likely that any lawsuits filed by the FDIC in this regard will or should include claims for Breach of Fiduciary Duties, and alleged Bad Faith, as well as Recoupment and Restitution. See, e.g., posts here in the Category of "Recoupment and Restitution" on April 15, 2009, May 13, 2010, and July 30, 2010.
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