id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-3074	Dickey, Thomas A.	Professional Malpractice and Federal Common Law in Thrift-Crisis Litigation: Is the FDIC a "Super-Receiver"?	1994	30	.pdf	application/pdf	13898	733	62	Arguably then, under Kamen, the FDIC must overcome a strong presumption that a federal court should incorporate state law as the rule of decision in order to obtain the special protection of federal common law from state law defenses. The Fifth Circuit stated that when the FDIC brings an action as receiver for a failed S&L against an outside accountant, the claim is [e]ssentially ... a client case in which a client is suing its auditor. '^^ Although the Fifth Circuit did not cite to specific Supreme Court precedent on the issue of federal common law,''° the cases relied upon by the court for the proposition that no statutory or policy basis exists for affording the FDIC special protection appear to apply the basic analytical structure required by Supreme Court precedent.	cache/inlawrev-3074.pdf	txt/inlawrev-3074.txt