Appeals court revives Signature Bank collapse lawsuit - Business Insurance

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Appeals court revives Signature Bank collapse lawsuit - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Appeals court revives Signature Bank collapse lawsuit D&O , Risk Management Aug 19, 2026 (Reuters) – A U.S. appeals court on Wednesday revived an investor lawsuit over the 2023 collapse of Signature Bank, saying the Federal Deposit Insurance Corp. seizure of the lender did not take away shareholders’ right to sue. In a 3-0 vote, the 2nd U.S. Circuit Court of Appeals in Manhattan rejected the FDIC’s argument that a 1989 law adopted in the wake of that decade’s savings-and-loan crisis gave the regulator sole power to pursue securities fraud claims after becoming the receiver of a failed bank. The decision is a victory for shareholders led by the Swedish pension fund Sjunde AP-Fonden, which accused seven former Signature executives and directors and Signature’s former auditor, KPMG, of misrepresenting the bank’s liquidity risks and risk management, inflating its share price. Their proposed class action sought compensation for their losses. The FDIC declined to comment. Lawyers for the shareholders did not immediately respond to requests for comment. Regulators closed Signature on March 12, 2023, after worried customers withdrew several billion dollars, or about 20% of its deposits, following the collapse of the larger Silicon Valley Bank two days earlier. Both banks had growing exposure to cryptocurrency clients. Fallout claimed another large bank, First Republic, in May 2023. The FDIC blamed Signature’s demise on inadequate risk management in pursuit of “rapid, unrestrained growth.” By 2021, about 92% of Signature’s deposits were uninsured, and 40% belonged to just 60 clients. In Wednesday’s decision, Circuit Judge Richard Wesley said that while the “succession clause” of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 gave the FDIC many powers to oversee failed banks, these powers did not include “ownership” of the right to sue. He cited a 2021 Supreme Court decision addressing the rights of Fannie Mae and Freddie Mac shareholders following a 2008 government takeover. Stockholder rights “derive from the ownership of stock or the corresponding legal relationship between stockholders and the corporation,” Judge Wesley wrote. “The Succession Clause does not reach those rights a stockholder holds personally and separately from their ownership of a particular stock or their status as a stockholder.” The appeals court returned the case to U.S. District Judge Frederic Block in Brooklyn, who dismissed it in March 2025. Wednesday’s decision did not address the lawsuit’s merits. Flagstar Bank acquired substantially all Signature deposits. The FDIC provides deposit insurance to about 4,250 banks and savings associations. 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