[DOWNLOAD] "Resolution Trust Corp. v. Fleischer" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Resolution Trust Corp. v. Fleischer
- Author : Supreme Court of Kansas
- Release Date : January 17, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The opinion of the court was delivered by The case concerns the constitutionality of retroactive legislation which affects accrued tort actions. The Resolution Trust Corporation (RTC) has asserted state law claims of negligence and breach of fiduciary duty against former officers and directors of Franklin Savings Association (Franklin) of Ottawa, Kansas. The case is proceeding in federal district court. The Hon. John W. Lungstrum of the United States District Court for the District of Kansas certifies the following questions: ""(1) Under Kansas law, does the holder of accrued tort actions for negligence and breach of fiduciary duty, which have not yet been reduced to judgment, have a vested property right in those causes of action? ""(2) Is S.B. 762 [K.S.A. 1994 Supp. 9-1133 and K.S.A. 1994 Supp. 9-1134], which makes K.S.A. [1994 Supp.] 17-5831 retroactive, unconstitutional under the constitution of the State of Kansas when applied to claims which accrued prior to its enactment?"" Our jurisdiction is under K.S.A. 60-3201, the Uniform Certification of Questions of Law Act. We answer both questions in the affirmative, limiting our answers to the facts presented.