Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: TUESDAY, March 26, 1991 TAG: 9103260560 SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: EVENING SOURCE: Associated Press DATELINE: WASHINGTON LENGTH: Short
The court unanimously ruled that federal regulators may not be sued over their alleged negligence in handling the day-to-day operations of ailing savings and loan institutions.
The ruling scuttled a lawsuit by Thomas Gaubert, former owner of and largest shareholder in the Irving-based Independent American Savings Association. The suit contended that government regulators caused the S&L's financial ruin.
A federal appeals court had ruled for Gaubert, clearing the way for his suit. That ruling was reversed by today's decision.
Gaubert had been seeking compensation for $25 million worth of real estate he lost when the thrift went bankrupt.
Gaubert, a prominent political fund-raiser who once persuaded former House Speaker Jim Wright, a Texas Democrat, to intervene with federal regulators in his behalf, acquired a controlling interest in the thrift in 1983.
Gaubert sued under a law that in some instances waives the federal government's sovereign immunity. The law, the Federal Tort Claims Act, does not allow lawsuits based on federal employees' discretionary duties - and government lawyers cited that exception in seeking to have Gaubert's suit dismissed.
by CNB