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WINSTAR

Year
Month
Judge

Date FiledCaseJudgeDownload Opinion
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
09/01/2006AMERICAN FEDERAL BANK, FSB, v. UNITED STATES OF AMERICA (95-498C)LettowTrial on damages in Winstar-related case; expectancy damages; cost of replacement capital; incidental losses; taxgross-up; motion for costs under RCFC 37
08/30/2006STERLING SAVINGS ASSOCIATION, v. UNITED STATES OF AMERICA (95-829C)WheelerWinstar case; Assumption of Risk of Regulatory Changes;Motion for Reconsideration;Summary Judgment on Liability
08/23/2006FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA (94-522C)WilliamsWinstar; Hearsay; Admission by Party Opponent; Federal Rule of Evidence 801(d)(2); Proof of Agency
08/22/2006ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA (95-468C)WheelerWinstar Damages; Summary Judgment; Expectancy Damages; Restitution; Reliance Damages; Genuine Issues of Material Fact