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Home » Opinions / Decisions

WINSTAR

Year
Month
Judge

Date FiledCaseJudgeDownload Opinion
02/01/2010NORTHEAST SAVINGS, F.A., v. THE UNITED STATES, (92-550C)WilliamsWinstar Damages; Lost Profits; Cost of Capital; "Wounded Bank" Damages; Jury Verdict
10/26/2009FIRST ANNAPOLIS BANCORP, INC., v. THE UNITED STATES, (94-522C)WilliamsBreach of Contract; Winstar Damages; Shifting of Regulatory Risk; Forbearance Allowing Excess Investment in Service Corporations; Material Breach; Date of Breach; Judicial Estoppel; Restitution; Partial Performance; Unfair Windfall; Tax Gross-Up
08/06/2009FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. THE UNITED STATES, (95-517C)Miller, G.Winstar-Related Case; Attorneys' Fees and Costs; Provision in Assistance Agreement That Prevailing Party is Entitled to Reasonable Attorneys' Fees and Other Costs; Sovereign Immunity; RCFC 6(b)(2); RCFC 54(d)(1);Tucker Act, 28 U.S.C. § 1491;Equal...
04/17/2009HOMER J. HOLLAND, STEVEN BANGERT, Co-Executor of the Estate of HOWARD R. ROSS, and FIRST BANK, v. THE UNITED STATES, (95-524C)Miller, G.Winstar-related proceeding; Financial Institutions Reform, Recovery,and Enforcement Act of 1989 ("FIRREA");Government's breach of contract; Government's counterclaims; prior settlement agreement between plaintiffs and Federal Deposit Insurance Corp...
03/14/2008ANCHOR SAVINGS BANK, FSB, v. THE UNITED STATES OF AMERICA, (95-39C)BlockWinstar-Related Case;Foreseeability; Causation;Measure of Damages;Risk Assessment; Lost Profits;Mortgage-Backed Securities;Bank Branches
03/06/2008REPUBLIC SAVINGS BANK, FSB, et al., v. THE UNITED STATES, (92-265C)SmithSummary Judgment; Standing;Damages; Restitution
03/06/2008REPUBLIC SAVINGS BANK, FSB, et al., v. THE UNITED STATES, (92-265C)SmithSummary Judgment; Standing; Winstar line of cases; FIRREA; 12(b)(6); Breach of Contract; Restitution; Pre-judgment Interest
02/19/2008STERLING SAVINGS ASSOCIATION, v. THE UNITED STATES, (95-829C)WheelerWinstar Damages Claim; Lost Profits; Replacement of Capital; Mitigation of Damages; "Wounded Bank" Damages; Compliance with Capital Requirements Absent the Breach
01/08/2008ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA (95-468C)WheelerWinstar Damages Claim; Expectancy, Restitution and Reliance Damages; Causation, Foreseeability, and Reasonable Certainty of Lost Profits; "Wounded Bank" Damages
04/13/2007FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES (05-517C)Miller, G.Winstar, damages, FIRREA, contract breach as cause of curtailed asset growth, lost profits based upon thrift's actual historic yields and costs of funds, failure to approve merger application as breach, damages due to compelled modified conversion, ...
03/02/2007FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA (94-522C)WilliamsWinstar; Prior Material Breach;Reconsideration; Change in Law
02/20/2007HOMER J. HOLLAND, HOWARD R. ROSS, AND FIRST BANK, v. UNITED STATES OF AMERICA (95-524C)Miller, G.Winstar damages, summary judgment, expectancy damages, lost profits damages, "lost value" damages, genuine issues of material fact | RCFC 59(a), motion for reconsideration of interlocutory order, manifest error of law or mistake of fact, law of the case doctrine, effect of release of one of two or more joint obligors on a contract, applicable law, federal common law, Illinois law,
01/31/2007FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA (94-522C)WilliamsWinstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change | Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment
12/18/2006AMERICAN SAVINGS BANK, F.A., et al.,v. UNITED STATES OF AMERICA (92-872C)SmithWinstar damages
12/14/2006MOLA DEVELOPMENT CORPORATION, v. UNITED STATES OF AMERICA (95-790C)WilliamsWinstar - Statute of Limitations;28 U.S.C. 2501; Accrual of Cause of Action for Breach of Contract;Contract Formation; Fifth Amendment Taking; Due Process
12/13/2006C. ROBERT SUESS, et al., v. UNITED STATES OF AMERICA (90-981C)SmithWinstar damages; Market capitalization theory; Control premium; Informational leakage; tax gross up; CalFed causation analysis; offset damages award with receivership surplus
12/06/2006GRANITE MANAGEMENT CORPORATION, v. UNITED STATES OF AMERICA (95-515C)FuteyWinstar; FIRREA; Damages; Lost Value On Sale; Transfer of Goodwill; Value of Goodwill; Executory Clause; GeneralDamages; Expectancy Damages
12/06/2006THE GLOBE SAVINGS BANK, F.S.B., and PHOENIX CAPITAL GROUP, INC., v. UNITED STATES OF AMERICA (91-1550C)LettowWinstar-related case; adjustment of expectancy damages on remand; mandate rule; standard for partial judgment under 28 U.S.C. 2517(b)
11/01/2006AMERICAN FEDERAL BANK, FSB, v. UNITED STATES OF AMERICA (95-498C)LettowDamages in Winstar-related case; reconsideration in accord with RCFC 54(b) and 59(a); offset for costs awarded under RCFC 37(c) and the courts inherent authority
10/11/2006FRANK P. SLATTERY, JR., et. al., v. UNITED STATES OF AMERICA (93-280C)SmithDamages; Tax Gross Up; Net Receivership Claims
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