Banco Popular de Puerto Rico v. Laborde Corretjer, 3:15-cv-01637

Doral Bank filed a foreclosure action in Puerto Rico Court of First Instance against borrower Jorge Antonio Laborde on January 21, 2015; Laborde answered and asserted a counterclaim.
The Commonwealth closed Doral; the FDIC was appointed receiver and substituted as the defendant/counterclaim defendant.
The FDIC publicized claims-filing procedures; Laborde submitted a Proof of Claim to the FDIC-R.
The FDIC-R disallowed Laborde’s claim and sent a notice explaining a 60-day statutory window to file suit under 12 U.S.C. § 1821(d)(6).
Laborde did not pursue judicial review of the disallowance within the 60-day period; the FDIC-R moved to dismiss his counterclaim for lack of subject-matter jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court has jurisdiction over Laborde’s counterclaim after FDIC-R disallowed his administrative claim	FDIC-R: FIRREA’s administrative claims process is jurisdictional; failure to seek review within 60 days deprives court of jurisdiction	Laborde: (implicit) counterclaim filed pre-receiver should proceed / or review requirement not met or excused	Court: Dismissed with prejudice for lack of subject-matter jurisdiction due to failure to exhaust FIRREA administrative review

O’Melveny & Myers v. FDIC, 512 U.S. 79 (Supreme Court) (FDIC as receiver succeeds to failed bank’s rights and "steps into the shoes" of the institution)
Acosta-Ramírez v. Banco Popular de Puerto Rico, 712 F.3d 14 (1st Cir.) (FIRREA requires claimants to seek judicial review within the statutory timeframe; failure deprives courts of jurisdiction)
Marquis v. FDIC, 965 F.2d 1148 (1st Cir.) (FIRREA’s claims process creates the exclusive administrative protocol for claims against failed banks)