D'Oench doctrine in Louisiana

6 Louisiana opinions name it 1 courts 1990–1995 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Grant v. Federal Land Bank of Jacksongreen lactapp · 1990 · cited in 4 Louisiana opinions naming this issue, 1990–1995 2 sentences 1995See also Resolution Trust Corporation v. Maldonado, 595 So.2d 774 (La.App. 4 Cir. 1992) (defense that defendant was fraudulently 754 induced into signing certain agreements barred by the D'Oench doctrine); Federal Sav. and Loan Ins. v. Brocato, 569 So.2d 17 (La.App. 4 Cir.1990) (affirmative defenses of failure of consideration, misrepresentation and breach of contract barred by the D'Oench doctrine); Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La. 1995See also Resolution Trust Corporation v. Maldonado, 595 So.2d 774 (La.App. 4 Cir. 1992) (defense that defendant was fraudulently 754 induced into signing certain agreements barred by the D'Oench doctrine); Federal Sav. and Loan Ins. v. Brocato, 569 So.2d 17 (La.App. 4 Cir.1990) (affirmative defenses of failure of consideration, misrepresentation and breach of contract barred by the D'Oench doctrine); Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La.	2	4
Grant v. Federal Land Bank of Jacksongreen la · 1990 · cited in 2 Louisiana opinions naming this issue, 1990–1990 2 sentences 1990See, Grant v. Federal Land Bank of Jackson, 559 So.2d 148, 153 (La.App. 2d Cir. 1990), writs denied 563 So.2d 886 (La.1990) and 563 So.2d 887 (La.1990). 1990The purpose of this doctrine is to allow reliance upon the records and documentation of a federal financial institution. [For a thorough discussion of the federal D'Oench doctrine and its codification, see Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La.App. 2d Cir.1990), writs denied 563 So.2d 886 , 887 (La.1990)].	1	2
Resolution Trust Corp. v. Maldonadogreen lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 1995–1995 2 sentences 1995See also Resolution Trust Corporation v. Maldonado, 595 So.2d 774 (La.App. 4 Cir. 1992) (defense that defendant was fraudulently 754 induced into signing certain agreements barred by the D'Oench doctrine); Federal Sav. and Loan Ins. v. Brocato, 569 So.2d 17 (La.App. 4 Cir.1990) (affirmative defenses of failure of consideration, misrepresentation and breach of contract barred by the D'Oench doctrine); Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La. 1995See also Resolution Trust Corporation v. Maldonado, 595 So.2d 774 (La.App. 4 Cir. 1992) (defense that defendant was fraudulently 754 induced into signing certain agreements barred by the D'Oench doctrine); Federal Sav. and Loan Ins. v. Brocato, 569 So.2d 17 (La.App. 4 Cir.1990) (affirmative defenses of failure of consideration, misrepresentation and breach of contract barred by the D'Oench doctrine); Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La.	1	1
Gulf Federal Savings & Loan Ass'n v. Mulderiggreen laed · 1989 · cited in 1 Louisiana opinions naming this issue, 1991–1991 2 sentences 1991In Gulf Federal Savings & Loan Association v. Mulderig, 742 F.Supp. 358, 361 (E.D.La. 1989) the court explained: The Supreme Court created the D’Oench doctrine to promote stability in the banking system by protecting the FDIC and FSLIC from shady and dishonest borrowers attempting to avoid their liabilities through claims of secret agreements which contradict the terms of the written loan agreements. 1991In Gulf Federal Savings & Loan Association v. Mulderig, 742 F.Supp. 358, 361 (E.D.La. 1989) the court explained: The Supreme Court created the D’Oench doctrine to promote stability in the banking system by protecting the FDIC and FSLIC from shady and dishonest borrowers attempting to avoid their liabilities through claims of secret agreements which contradict the terms of the written loan agreements.	1	1
Garthoof v. Koekgreen la · 1990 · cited in 1 Louisiana opinions naming this issue, 1990–1990 1 sentence 1990See, Grant v. Federal Land Bank of Jackson, 559 So.2d 148, 153 (La.App. 2d Cir. 1990), writs denied 563 So.2d 886 (La.1990) and 563 So.2d 887 (La.1990).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
D'Oench, Duhme & Co. v. Federal Deposit Insurance green scotus · 1942 2 sentences 1995The judge further found that the Cheuks were precluded from raising their affirmative defenses by application of the ruling of the case of D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447 , 62 S.Ct. 676 , 86 L.Ed. 956 (1942) (which has now become known as the "D'Oench doctrine") and its subsequent codification in 12 U.S.C.A. § 1823 (e), quoted infra. The trial court also concluded that: In light of the pleadings, documents, affidavits, and the law and evidence in this matter, the Court finds that no genuine issues of material fact exist which preclude the granting of summary judgment and plaintiff i 1995The judge further found that the Cheuks were precluded from raising their affirmative defenses by application of the ruling of the case of D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447 , 62 S.Ct. 676 , 86 L.Ed. 956 (1942) (which has now become known as the "D'Oench doctrine") and its subsequent codification in 12 U.S.C.A. § 1823 (e), quoted infra. The trial court also concluded that: In light of the pleadings, documents, affidavits, and the law and evidence in this matter, the Court finds that no genuine issues of material fact exist which preclude the granting of summary judgment and plaintiff i	2	1990–1995
Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc. green ca5 · 1989 2 sentences 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985). 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985).	2	1990–1990
Planters Trust & Sav. Bank v. L & W FARMS, INC. neutral lactapp · 1986 2 sentences 1995Bank v. L & W Farms, 496 So.2d 1268 (La.App. 3rd Cir. 1986), writ denied, 499 So.2d 87 (La.1987). 752 In Planters, the court correctly noted at pp. 1271-1272: It is well established, under both federal common law and statutory provisions, that oral agreements between borrowers and banks are ineffective against the FDIC as a receiver where the agreements are not recorded [citations omitted]. 1995Bank v. L & W Farms, 496 So.2d 1268 (La.App. 3rd Cir. 1986), writ denied, 499 So.2d 87 (La.1987). 752 In Planters, the court correctly noted at pp. 1271-1272: It is well established, under both federal common law and statutory provisions, that oral agreements between borrowers and banks are ineffective against the FDIC as a receiver where the agreements are not recorded [citations omitted].	1	1995–1995
O'Melveny & Myers v. Federal Deposit Insurance green scotus · 1994 2 sentences 1995Defendants suggest that the recent United States Supreme Court decision of O'Melveny & Myers v. Federal Deposit Insurance Corp., ___ U.S. ___, 114 S.Ct. 2048 , 129 L.Ed.2d 67 (1994) operates to overrule the case of D'Oench, supra and its progeny. 1995Defendants suggest that the recent United States Supreme Court decision of O'Melveny & Myers v. Federal Deposit Insurance Corp., ___ U.S. ___, 114 S.Ct. 2048 , 129 L.Ed.2d 67 (1994) operates to overrule the case of D'Oench, supra and its progeny.	1	1995–1995
Pelican Homestead & Savings Ass'n v. Campbell neutral lactapp · 1991 2 sentences 1995Ass'n v. Campbell, 588 So.2d 179 (La.App. 5 Cir. 1991), which seems to be the only prior case of this Fifth Circuit regarding the D'Oench doctrine, Judge Wicker cited with approval Planters Trust & Sav. 1995Ass'n v. Campbell, 588 So.2d 179 (La.App. 5 Cir. 1991), which seems to be the only prior case of this Fifth Circuit regarding the D'Oench doctrine, Judge Wicker cited with approval Planters Trust & Sav.	1	1995–1995
Federal Sav. and Loan Ins. Corp. v. Brocato green lactapp · 1990 2 sentences 1995See also Resolution Trust Corporation v. Maldonado, 595 So.2d 774 (La.App. 4 Cir. 1992) (defense that defendant was fraudulently 754 induced into signing certain agreements barred by the D'Oench doctrine); Federal Sav. and Loan Ins. v. Brocato, 569 So.2d 17 (La.App. 4 Cir.1990) (affirmative defenses of failure of consideration, misrepresentation and breach of contract barred by the D'Oench doctrine); Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La. 1995See also Resolution Trust Corporation v. Maldonado, 595 So.2d 774 (La.App. 4 Cir. 1992) (defense that defendant was fraudulently 754 induced into signing certain agreements barred by the D'Oench doctrine); Federal Sav. and Loan Ins. v. Brocato, 569 So.2d 17 (La.App. 4 Cir.1990) (affirmative defenses of failure of consideration, misrepresentation and breach of contract barred by the D'Oench doctrine); Grant v. Federal Land Bank of Jackson, 559 So.2d 148 (La.	1	1995–1995
Planters Trust & Savings Bank v. L & W FARMS, INC. neutral la · 1987 2 sentences 1995Bank v. L & W Farms, 496 So.2d 1268 (La.App. 3rd Cir. 1986), writ denied, 499 So.2d 87 (La.1987). 752 In Planters, the court correctly noted at pp. 1271-1272: It is well established, under both federal common law and statutory provisions, that oral agreements between borrowers and banks are ineffective against the FDIC as a receiver where the agreements are not recorded [citations omitted]. 1995Bank v. L & W Farms, 496 So.2d 1268 (La.App. 3rd Cir. 1986), writ denied, 499 So.2d 87 (La.1987). 752 In Planters, the court correctly noted at pp. 1271-1272: It is well established, under both federal common law and statutory provisions, that oral agreements between borrowers and banks are ineffective against the FDIC as a receiver where the agreements are not recorded [citations omitted].	1	1995–1995
Federal Deposit Insurance Corp. v. Charles Hatmaker green ca6 · 1985 2 sentences 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985). 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985).	1	1990–1990
Federal Deposit Insurance Corp. v. Henry E. McClanahan green ca5 · 1986 2 sentences 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985). 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985).	1	1990–1990
Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, Inc. green cafc · 1988 2 sentences 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985). 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985).	1	1990–1990
Federal Savings And Loan Insurance Corporation v. Murray green ca5 · 1988 2 sentences 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985). 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985).	1	1990–1990
Mainland Savings Association v. Riverfront Associates, Ltd. green ca10 · 1989 2 sentences 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985). 1990See, D' Oench, supra ; Beighley, supra ; Mainland Savings Association v. Riverfront Associates, Ltd., 872 F.2d 955 (10th Cir.1989); Murray, supra ; Federal Savings & Loan Insurance Corporation v. Lafayette Investment Properties, 855 F.2d 196 (5th Cir.1988); McClanahan, supra; Federal Deposit Insurance Corporation v. Hatmaker, 756 F.2d 34 (6th Cir.1985).	1	1990–1990

Statutes the citing opinions construe

USC § 12u.s.c.1823 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 14 (1990–2018) CA 7 (1989–1998) FL 6 (1992–2012) LA 6 (1990–1995) CT 6 (1993–1998) IL 4 (1984–2016) GA 4 (2014–2014) CO 4 (1991–2004) WA 3 (1992–2016) AZ 3 (1993–2015) OK 2 (1992–1993) IA 2 (1990–1992) NM 2 (1995–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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