Banks & Banking – Tort/Negligence – Business Judgment Rule – Ordinary Negligence – Civil Practice – Motion to Strike – Affirmative Defense – Failure to Mitigate DamagesFederal Deposit Insurance Corp. v. Willetts This court previously denied defendants’ motion to dismiss based on its determination that, should defendants’ actions be determined to fall beyond the scope of the business judgment rule, they will be judged against an ordinary prudent person standard. The court stands by its ruling.
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Published: October 11, 2012
Time posted: 10:52 am
Tags: Affirmative Defense, Banks & Banking, Business Judgment Rule, Civil Practice, Failure to Mitigate Damages, motion to strike, Ordinary Negligence, Tort/Negligence