Miller v. Federal Deposit Insurance
738 F.3d 836
7th Cir.2013Background
- Miller maintained currency-exchange accounts at Corus Bank; FDIC took over as receiver after bank failure in 2009.
- FDIC mailed claim-submission process information; Miller submitted 13 disallowed claims totaling over $6 million on December 17, 2009.
- FDIC disallowed Miller’s claims on May 18, 2010 and mailed notice to Miller’s Des Plaines address; Miller had a forwarding order but did not receive the notice.
- Notice was returned undeliverable; Miller learned of the disallowance in August 2010 and filed suit in district court August 16, 2010.
- District court dismissed for lack of subject-matter jurisdiction, holding the 60-day review window was jurisdictional and untimely; Miller appealed.
- Statutory framework: FIRREA creates a general jurisdiction bar for claims against failed banks; a narrow 60-day window allows judicial review of disallowed claims, with timing keyed to notice mailing rather than receipt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 60-day limit for review jurisdictional under FIRREA? | Miller contends the 60-day window is not jurisdictional and may be tolled. | FDIC argues the 60-day window is jurisdictional to ensure speedy resolution. | Yes; the 60-day limit is jurisdictional. |
| When does the 60-day clock start for disallowed claims—mailing or receipt of notice? | Miller argues the clock starts on receipt of notice. | FDIC argues the clock starts on mailing to the claimant’s address on file. | Clock starts on mailing of notice; receipt is immaterial. |
Key Cases Cited
- Capitol Leasing Co. v. FDIC, 999 F.2d 188 (7th Cir. 1993) (discussed timing and jurisdiction in FIRREA claims; clarified limitations context)
- Maher v. FDIC, 441 F.3d 522 (7th Cir. 2006) (precedent on FIRREA procedures and jurisdictional considerations)
- Campbell v. FDIC, 676 F.3d 615 (7th Cir. 2012) (characterized FIRREA submission rules as claims processing rules, not dispositive on jurisdiction)
- Carlyle Towers Condominium Ass’n v. FDIC, 170 F.3d 301 (2d Cir. 1999) (discussed exhaustions and deadlines in FIRREA context)
- Veluchamy v. FDIC, 706 F.3d 810 (7th Cir. 2013) (discussed timing for administrative review under FIRREA)