Acosta-Ramirez v. Banco Popular de Puerto Rico, No. 12-1887 (1st Cir. 2013)
Annotate this CaseFormer employees (Plaintiffs) of a failed bank taken into receivership by the Federal Deposit Insurance Corporation (FDIC) sued Banco Popular de Puerto Rico (BPPR), a bank that subsequently acquired the failed bank's deposits and certain assets on claims for severance pay. The FDIC intervened, asserting that the district court lacked jurisdiction over the claims because Plaintiffs either failed to file administrative claims with the FDIC or failed to challenge in federal court the FDIC's disallowance of their administrative claims. BPPR moved for summary judgment, arguing that it was not liable for any severance claims for at least three different merits-based reasons. The district court granted summary judgment for BPPR and did not address the question of whether it had jurisdiction. The First Circuit Court of Appeals vacated entry of summary judgment for Defendants and remanded with instructions to dismiss for lack of subject-matter jurisdiction, holding that Plaintiffs' failures to comply with the Financial Institutions Reform, Recovery, and Enforcement Act administrative claims process triggered the statutory bar, and Plaintiffs could not avoid the jurisdictional bar by failing to name the FDIC as a defendant.
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