Some shareholders of failed savings and loans tried to argue "taking without just compensation" as a result of FSLIC seizure of entities during the savings and loan crisis. To my knowledge, no such lawsuit succeeded in forcing FSLIC or FDIC to disgorge any revenue from sales of the insolvent institutions. If somebody remembers such a case, I would love to hear about it.
It is possible that the well healed creditors of WaMu could file and prosecute a fairly straight forward takings case BUT they might be rowing upstream, given the Federal courts general reticence about interfering, after the fact, with the administrative "business judgment" of a Federal agency.
Personally, if I had been a major creditor, I would have tried to get injunctive relief against the OTS and FDIC before the seizure. I know that is really hard to do in Federal court, and that it flies in the fact of the principle that you cannot enjoin the government's exercise of a power held by them, but at least it might have made the OTS and FDIC think twice about what they were doing, as well as setting the stage for prosecuting the taking theory, after the seizure, but in the same case with the trial judge already educated and leaving no room for a laches argument against the creditors.
_________________ Aristotle
As Yogi Berra said "It's like deja vu all over again."
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