Filed March 23, 2015.
The panel unanimously concludes that this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
Appeal dismissed.
Geoffrey J. McConnell and Chad M. Nicholson, Meuleman Mollerup LLP, Boise, ID; and Sean N. Egan, Salt Lake City, UT, for Plaintiff–Appellant. Larry E. Prince and A. Dean Bennett, Holland & Hart LLP, Boise, ID, for Defendant–Appellee.
Appeal from the United States District Court for the District of Idaho, Edward J. Lodge, District Judge, Presiding. D.C. No. 1:12–cv–00331–EJL.
This case is about a bank loan gone awry—and where parties can sue to recoup their losses when a financial institution fails. Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA” or “the Act”), claimants in cases involving failed institutions must file suit either in the district in “which the depository institution's principal place of business is located or the United States District Court for the District of Columbia (and such court shall have jurisdiction to hear such claim).” 12 U.S.C. § 1821(d)(6)(A)(ii). The question of first impression in our circuit is whether this procedural provision is jurisdictional or simply a venue requirement subject to waiver. We conclude that this section sets out the subject-matter jurisdiction of the court.
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