Prof'l Asset Mgmt., Inc. v. Penn Square Bank, N.A., 566 F. Supp. 134 (W.D. Okla. 1983). · Go Syfert
Prof'l Asset Mgmt., Inc. v. Penn Square Bank, N.A., 566 F. Supp. 134 (W.D. Okla. 1983). Cases Citing This Book View Copy Cite
36 citation events (2 in the last 25 years) across 18 distinct courts.
Strongest positive: Dopita v. SM Fencing & Energy Services (ndd, 2018-12-14)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) Dopita v. SM Fencing & Energy Services
D.N.D. · 2018 · confidence medium
The 1 correct device is a motion to dismiss, a procedural difference that is significant precisely because it determines the scope of review of a Magistrate’s order.”); Prof’l Asset Mgmt, Inc. v. Penn Square Bank, N.A., 566 F. Supp. 134, 136 (D.
discussed Cited as authority (rule) Dopita v. SM Fencing & Energy Services
D.N.D. · 2018 · confidence medium
The 1 correct device is a motion to dismiss, a procedural difference that is significant precisely because it determines the scope of review of a Magistrate’s order.”); Prof’l Asset Mgmt, Inc. v. Penn Square Bank, N.A., 566 F. Supp. 134, 136 (D.
cited Cited as authority (rule) Wray v. Edward Blank Associates, Inc.
S.D.N.Y. · 1996 · confidence medium
Professional Asset Management, Inc. v. Penn Square Bank, 566 F.Supp. 134, 136 (D.C.OH.1983); Commercial Union Ins.
discussed Cited as authority (rule) Federal Deposit Insurance v. Bergan
Mich. Ct. App. · 1995 · confidence medium
See Claycomb, supra (fdic as receiver); Campbell Leasing, Inc v Federal Deposit Ins Corp, 901 F2d 1244, 1249 (CA 5, 1990); Professional Asset Management, Inc v Penn Square Bank, NA, 566 F Supp 134, 136 (WD Okla, 1983).
discussed Cited as authority (rule) Federal Deposit Insurance Corp. v. Golden Imports, Inc. (2×)
Tex. App. · 1993 · confidence medium
Bank, 749 F.Supp. 635 (D.N.J.1990); Professional Assets Management Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983); and FDIC v. Claycomb, 945 F.2d 853 (5th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 2301 , 119 L.Ed.2d 224 (1992). .
discussed Cited as authority (rule) Pyle v. Meritor Savings Bank
E.D. Pa. · 1993 · confidence medium
Diaz, 975 F.2d at 1150 (citing Summers v. FDIC, 592 F.Supp. 1240, 1243 (W.D.Okla.1984); Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136-37 (W.D.Okla.1983)); see also Bank One, Texas N.A. v. Taylor, 970 F.2d 16, 32-34 (5th Cir.1992) (The FDIC as an instrumentality of the United States cannot be held liable for punitive fines or assessments absent express Congressional authorization).
discussed Cited as authority (rule) Morris v. Resolution Trust Corp.
Me. · 1993 · confidence medium
See FDIC v. Zoubi, 792 S.W.2d 825, 829-30 (Tx.App.1990); Professional Asset Management v. Penn Square Bank, 566 F.Supp. 134, 136-37 (W.D.Okla.1983) (punitive damages against the bank would not punish the wrongdoers but instead the institution's “innocent creditors and uninsured depositors"). 5 . 12 U.S.C.A. § 1821 (d) provides in pertinent part: (3) Authority of receiver to determine claims.
discussed Cited as authority (rule) Iago Xes Rodriguez Diaz v. McAllen State Bank, Federal Deposit Insurance Corporation, as Receiver of McAllen State Bank
5th Cir. · 1992 · confidence medium
See e.g., Summers v. FDIC, 592 F.Supp. 1240, 1243 (W.D.Okla.1984) (punitive damages not recoverable- against FDIC acting as a receiver); Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136-37 (W.D.Okla.1983) (same).
cited Cited as authority (rule) Federal Deposit Insurance v. Condo Group Apartments
N.D. Tex. · 1992 · confidence medium
Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983); Tuxedo Beach Club Corp. v. City Fed.
discussed Cited as authority (rule) Federal Deposit Insurance Corporation v. L.L. Claycomb
5th Cir. · 1991 · confidence medium
Stone--Liberty Land Associates, 787 S.W.2d 475, 492 (Tex.App.1990) [agreeing with the FSLIC's arguments and recognizing other courts, which have drawn on the policy reasons articulated in D'Oench to fashion a federal common law rule granting a receiver immunity from usury and punitive damages]; Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983) [held the FDIC appointed receiver for the failed bank was not liable for punitive damages].
cited Cited as authority (rule) Driveaway & Truckaway Service, Inc. v. Aaron Driveaway & Truckaway Co.
N.D. Ill. · 1991 · confidence medium
See Peterson v. Baloun, 715 F.Supp. 212, 213-14 (N.D.Ill.1989); Professional Asset Mgt., Inc. v. Penn Square Bank, 566 F.Supp. 134, 136 (W.D.Okla.1983).
discussed Cited as authority (rule) Federal Deposit Insurance v. Claycomb
5th Cir. · 1991 · confidence medium
Stone —Liberty Land Associates, 787 S.W.2d 475, 492 (Tex.App.1990) [agreeing with the FSLIC’s arguments and recognizing other courts, which have drawn on the policy reasons articulated in D’Oench to fashion a federal common law rule granting a receiver immunity from usury and punitive damages]; Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983) [held the FDIC appointed receiver for the failed bank was not liable for punitive damages].
discussed Cited as authority (rule) Federal Deposit Insurance Corp. v. F & a Equipment Leasing (2×)
Tex. App. · 1990 · confidence medium
Stone, 787 S.W.2d at 492 ; FDIC v. Tito Castro Constr., Inc., 548 P.Supp. 1224, 1226 (D.P.R.1982), aff'd on other grounds, 741 F.2d 475 (1st Cir.1984) (as matter of federal law, FDIC, in corporate capacity, not subject to state usury claim); Professional Asset Mgmt., Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okl.1983); see also FDIC v. Zoubi, 792 S.W.2d 825 (Tex.App.—Dallas 1990, n.w.h.) (exemplary damages not recoverable).
cited Cited as authority (rule) Federal Deposit Insurance Corp. v. Zoubi
Tex. App. · 1990 · confidence medium
See Summers v. FDIC, 592 F.Supp. 1240, 1243 (W.D.Okla.1984); Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983); Stone , at 492.
discussed Cited as authority (rule) Federal Savings & Loan Insurance Corp. v. T.F. Stone-Liberty Land Associates
Tex. App. · 1990 · confidence medium
See FDIC v. Tito Castro Constr., Inc., 548 F.Supp. 1224, 1226 (D.P.R.1982), aff 'd, on other grounds, 741 F.2d 475 (1st Cir.1984) (“[a]s a matter of federal law, the FDIC in its corporate capacity is not subject to a state usury claim”); Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983) (“to award punitive dam ages against the receiver [FDIC] would be contrary to the theory underlying such awards and would be manifestly unjust”).
cited Cited as authority (rule) Frazier v. Bryan Memorial Hospital Authority
Okla. · 1989 · signal: cf. · confidence medium
Cf. Professional Asset Management v. Penn Square Bank, 566 F.Supp. 134, 136 [W.D.Okla.1983]. 9 .
discussed Cited as authority (rule) Mt. Hawley Insurance v. Federal Savings & Loan Insurance
C.D. Cal. · 1987 · confidence medium
Defendants argue that the FSLIC as receiver represents the interests not only of CSB, but also of the bank’s creditors and depositors, see, e.g., Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136-37 (W.D.Okla.1983) (holding that punitive damages could not be awarded against receiver because to do so would injure innocent creditors and depositors of culprit bank); see also FDIC v. National Union Fire Ins.
discussed Cited as authority (rule) Federal Deposit Insurance v. National Union Fire Ins.
W.D. La. · 1986 · confidence medium
Thus, an award of punitive damages against the receiver would not punish the bank, but its innocent creditors and uninsured depositors.” Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136-37 (W.D.Okla.1983).
discussed Cited as authority (rule) Summers v. Federal Deposit Ins. Corp.
W.D. Okla. · 1984 · confidence medium
Cf. Bowles v. Farmers National Bank of Lebanon, Kentucky, 147 F.2d 425, 428-30 (6th Cir.1945) (treble damages under the Emergency Price Control Act of 1942); Professional Asset Management, supra, 566 F.Supp. at 137 (punitive damages under state law).
cited Cited "see" Beitzell & Co. v. Federal Deposit Insurance Corp. (In Re Beitzell & Co.)
D.D.C. · 1993 · signal: see · confidence high
See Professional Asset Management, Inc. v. Penn Square Bank, 566 F.Supp. 134 (W.D.Okla.1983) (punitive damages are inappropriate against government when acting in the public interest).
cited Cited "see" Scott v. Resolution Trust Corp. (In Re Scott)
Bankr. W.D. Tex. · 1993 · signal: see · confidence high
See Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983).
cited Cited "see" Peterson v. Baloun
N.D. Ill. · 1989 · signal: see · confidence high
See Professional Asset Management, Inc. v. Penn Square Bank, 566 F.Supp. 134, 136 (W.D.Okla.1983); Golaris v. Jewel Tea Co., 22 F.R.D. 16, 17 (N.D.Ill.1958).
discussed Cited "see" Balabanos v. North American Investment Group, Ltd.
N.D. Ill. · 1988 · signal: see · confidence high
See Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1985); Golaris v. Jewel Tea Co., 22 F.R.D. 16, 17 (N.D.Ill.1958); 5 Wright & Miller, supra § 1380 at 783.
cited Cited "see, e.g." Lancer Arabians, Inc. v. Beech Aircraft Corp.
M.D. Fla. · 1989 · signal: see, e.g. · confidence medium
See, e.g., Professional Asset Management, Inc. v. Penn Square Bank, N.A., 566 F.Supp. 134, 136 (W.D.Okla.1983); Commercial Union Ins.
Retrieving the full opinion text from the archive…
PROFESSIONAL ASSET MANAGEMENT, INC., a California Corporation, Plaintiff,
v.
PENN SQUARE BANK, N.A., Now Known as Deposit Insurance National Bank of Oklahoma City; Federal Deposit Insurance Corporation, Receiver; First Penn Corporation, an Oklahoma Corporation; Peat, Marwick, Mitchell & Co., a Partnership; James Blanton; Dean York; Bill P. Jennings; Frank L. Murphy; Eldon L. Beller; Bill G. Patterson; Richard T. Dunn; John R. Preston; Ronald H. Burks; Elizabeth Merrick Coe; Gary M. Cook; J.C. Cravens; Richard C. Haugland; Ken L. Kenworthy; C.F. “Tag” Kimberling; Marvin K. Margo; H. Mead Norton; James G. Randolph; Jeriy Richardson; W.A. “Dub” Ross; Gene Smelser; Bill Stubbs; Carl W. Swan; J.D. Allen; Longhorn Gas Programs, Inc.; Longhorn Gas Co., Inc.; Longhorn Oil and Gas Company; Longhorn 1980 Private Drilling Program; Robert A. Hefner, III; GHK Corporation; Kenneth E. Tureaud; Saket Petroleum Co.; Kesat; Saket Racing Stables; Saket River Ridge Development Co., Defendants
CIV-82-1357-W.
District Court, W.D. Oklahoma.
Jun 2, 1983.
566 F. Supp. 134
Ross Arbiter, Lyle R. Mink, K. Phillip Knierim and Barbara Brown, Gordon, Weinberg, Zipser, Rogers & Wells, Erwin E. Adler, Patricia A. Beaman, Carol B. Sherman, Los Angeles, Cal., Gene A. Castleberry and Robert A. Wiener, Oklahoma City, Okl., for plaintiff., Stephen P. Friot, Spradling, Alpern, Friot & Gum, Oklahoma City, Okl., for Cravens, J.C. and Norton, H. Mead., John W. Vardaman, Jr., John K. Villa, Gerson A. Zweifach, Williams & Connolly, Washington, D.C., Peter B. Bradford, Bradford, Haswell, Jones, Oklahoma City, Okl., for Swan, Carl W., Philip F. Horning, Horning, Johnson & Grove, Oklahoma City, Okl., for Dunn, Richard T., Jack G. Bush, Gary R. Underwood, Oklahoma City, Okl., for Kimberling, C.F. “Tag”., Robert C. Margo, George F. Short, S. Thomas Adler, Short, Barnes, Wiggins, Margo, Adler & Worten, Oklahoma City, Okl., for Margo, Marvin K., J. William Conger and James C. Prince, Larry D. Hartzog, Hartzog, Conger & Ca-son, Earl D. Mills, John M. Perry III, Foliart, Mills & Niemeyer, Oklahoma City, Okl., for Peat, Marwick, Mitchell & Co., Blanton, James and York, Dean., Charles C. Green, Turner, Turner, Green & Braun, Oklahoma City, Okl., for Jennings, Bill P., Richard B. Talley, Talley, Perrine & Smith, Norman, Okl., for Beller, Eldon L., James W. Bill Berry, James W. Bill Berry & Associates, Oklahoma City, Okl., for Burks, Ronald H., John C. Snodgrass and David T. Hedges, Jr., Vinson & Elkins, Houston, Tex., James E. Work, Shirk, Work, Robinson & Williams, Oklahoma City, Okl., for Coe, Elizabeth Merrick, Cook, Gary M., Haugland, Richard C., Kenworthy, Ken L., Randolph, James G., Richardson, Jerry, Ross, W.A. “Dub” and Smelser, Gene., Harold M. Durall, Oklahoma City, Okl., for Murphy, Frank L., Stephen D. Powell, Kirk & Chaney, Oklahoma City, Okl., for Stubbs, Bill., John N. Goodman, Oklahoma City, Okl., for Preston, John R., Burck Bailey, Warren F. Bickford, IV, Fellers, Snider, Blankenship, Bailey & Tip-pens, Oklahoma City, Okl., for Patterson, Bill G., Charles C. Baker, Oliver S. Howard, Gable & Gotwals, Tulsa, Okl., for Penn Square Bank, N.A., now known as Deposit Insurance National Bank of Oklahoma City and Federal Deposit Insurance Corp., receiver.
Lee R. West.
Cited by 32 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Sixth Circuit (1)

ORDER

LEE R. WEST, District Judge.

In addition to its Federal Rule 12(b)(6) challenge to the sufficiency of the complaint, which is addressed in a separate order of this court, the Federal Deposit Insurance Corporation [hereinafter “FDIC”] as receiver of the Penn Square Bank has moved to strike the plaintiff’s claim for punitive damages as to it under Federal Rule 12(f). The plaintiff has responded, both to the FDIC’s initial motion, going to the original complaint, and its supplemental motion, going to the first amended complaint. For the reasons discussed below, the FDIC’s motion is granted.

The FDIC’s application is styled a motion to strike. However, Federal Rule of Civil Procedure 12(f) does not permit the relief which the FDIC seeks. By its own terms, Rule 12(f) only allows the court to strike insufficient defenses or “any redundant, immaterial, impertinent, or scandalous matter.” Fed.R.Civ.P. 12(f). The plaintiff’s claim for punitive damages fits into neither category. See generally 5 C. Wright & A. Miller, Federal Practice and Procedure §§ 1381 (insufficient defenses), 1382 (redundant, immaterial, impertinent, or scandalous matter) (1969).

Nevertheless, this Court will treat the FDIC’s improperly denominated motion to strike as a motion to dismiss under Federal Rule 12(b)(6). See Commercial Union Insurance Co. v. Upjohn Co., 409 F.Supp. 453, 454-55 (W.D.La.1976). Cf. Hometowne Builders, Inc. v. Atlantic Nat’l Bank, 477 F.Supp. 717; 719-20 (granting Rule 12(b)(6) motion to dismiss claim for punitive damages). See generally 5 C. Wright & A. Miller, Federal Practice and Procedure, supra, § 1380 at 782-83 (“[t]he technical name given to a motion challenging a pleading is of little importance inasmuch as prejudice hardly can result ...”). To do otherwise would be to retreat to the strict, technical form of common law practice that the Federal Rules have abandoned. See e.g, Fed.R.Civ.P. 1, 7(c), 8(e)(1), and 8(f). See generally 5 C. Wright & A. Miller, Federal Practice and Procedure, supra, §§ 1281, 1286 (regarding the liberal pleading and practice philosophy of the Federal Rules).

Regarding the substance of the motion, the FDIC has made a very persuasive argument that, as receiver of the failed Bank, it is not liable for punitive damages as a matter of law. There are actually two elements to the FDIC’s argument, each of which is analyzed separately below.

First, to award punitive damages against the receiver would be contrary to the theory underlying such awards and would be manifestly unjust. [1] Punitive or exemplary damages, which are an exception to the general remedial principle of compensation for injury, are imposed for two reasons, to punish the wrongdoer and to deter others. See Oller v. Hicks, 441 P.2d 356, 360 (Okl.1967); C. McCormick, Handbook of the Law of Damages § 77 (1935); 1 T. Sedgwick, A Treatise on the Measure of Damages § 360 (9th ed. 1912). See also Symposium on the Oklahoma Law of Damages, 6 Okla.L.Rev. 289, 293-98 (1953). In the context of the liquidation of a failed national bank, as here, these considerations carry little weight. On July 5, 1982, the Comptroller of the Currency declared Penn Square Bank insolvent pursuant to 12 U. S.C. § 191, closed the Bank, and appointed the FDIC as its receiver pursuant to 12 U.S.C. § 1821(c); as receiver, the FDIC represents the Bank and its depositors, creditors, and shareholders. See Landy v. Federal Deposit Insurance Corp., 486 F.2d 139, 147-48 (3 Cir.1973), cert. denied, 416 U.S. 960, 94 S.Ct. 1979, 40 L.Ed.2d 312 (1974). See also 12 U.S.C. §§ 193, 194, 1821(d).[*137] Thus, an award of punitive damages against the receiver would not punish the Bank, but its innocent creditors and uninsured depositors. Furthermore, this is too high a price to pay to deter others, especially when it is levied against those who are without fault. See Lane v. Schilling,, 130 Or. 119, 279 P. 267, 269 (1929). Accord Anderson v. Hershey, 127 F.2d 884, 887 (6th Cir.1942). If the plaintiff is able to make a case for punitive damages as to the other, individual defendants, then that will be punishment and deterrent enough.

Second, there is substantial authority, applicable by analogy, that punitive damages may not be assessed against the estate of a deceased tortfeasor. See Morriss v. Barton, 200 Okl. 4,190 P.2d 451, 459-60 (1948); 1 T. Sedgwick, A Treatise on the Measure of Damages, supra, § 362. See also Symposium on the Oklahoma Law of Damages, supra, 6 Okla.L.Rev. at 295-96. Although this conclusion is based in part on an interpretation of the survival statutes, see, e.g., Morriss v. Barton, supra, it is also based on the inapplicability of the punishment rationale once the tortfeasor has died, see, e.g., Sheik v. Hobson, 64 Iowa 146, 19 N.W. 875, 875-76 (1884).

Accordingly, the FDIC’s motion to dismiss the plaintiffs claims for punitive damages as to it hereby is GRANTED.

1

. This is in accord with the ancient maxim ratio Iegis est anima Iegis, the reason of the law is the soul of the law. Without the one there is no basis for the other.