Janvey v. Alguire (Standing)

Janvey v. Alguire, —Fed.Appx. —, 2013 WL 4647293 (5th Cir. 2013) is a case which highlights issues regarding the standing of a receiver. Here, the Fifth Circuit reversed the decision of a district court denying a motion to compel arbitration. The district court had determined that an arbitration agreement between the entity in the receivership estate and its employees did not apply to the receiver, as the receiver was standing in the shoes of creditors in bringing its fraudulent transfer action, and the creditors were not party to the arbitration agreement. In reversing this decision, the Fifth Circuit followed its recent analysis in Janvey v. Democratic Senatorial Campaign Committee, Inc., 712 F.3d 185 (5th Cir. 2013), holding that federal equity receivers may not pursue claims on behalf of creditors, and remanded to determine whether an arbitration clause applies when the receiver sues on behalf of the receivership entities, as he must.