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WINSTAR

Year
Month
Judge

Date FiledCaseJudgeDownload Opinion
08/26/2003HOME FEDERAL BANK OF TENNESSEE, FSB v. THE UNITED STATES (95-541C)YockContracts; Winstar-related case; liability for breach of contract; liability for breach of contract implied in fact; authority of supervisory agents; summary judgment
08/25/2003AMBASE CORPORATION AND CATERET BANCORP, INC., Plaintiff AND FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor v THE USSmithWinstar-related case; savings and loan; liability for breach of contract; takings; remedial theory; limitations on prejudgment interest; illegal exaction; summary judgment
08/07/2003SOUTHERN CALIFORNIA FEDERAL SAVINGS & LOAN ASSOCIATION; SOCAL HOLDINGS, INC.; ARBUR, INC.; ROY DOUMANI; PRESTON MARTIN; ...BaskirSOUTHERN CALIFORNIA FEDERAL SAVINGS & LOAN ASSOCIATION; SOCAL HOLDINGS, INC.; ARBUR, INC.; ROY DOUMANI; PRESTON MARTIN; WILLIAM E. SIMON, Jr., J. PETER SIMON, GEORGE J. GILLESPIE, III, Executors of the Estate of William E. Simon, Sr.; and BEVERLY W.THRALL
08/06/2003FIFTH THIRD BANK OF WESTERN OHIO v. THE UNITED STATES (95-503C)Miller, C.Contracts; Winstar case; takings; Fifth Amendment; due process; taking of rights created by contract contrasted with taking of goodwill resulting from supervisory transactions
08/04/2003STERLING SAVINGS, ET AL., v. THE UNITED STATES (95-829C)DamichREISSUED FOR PUBLICATION Winstar-related case; breach of contract; accounting treatment; goodwill; FSLIC cash contribution
07/31/2003ADMIRAL FINANCIAL CORPORATION v. THE UNITED STATES (93-489C)BaskirWinstar-Related Case; Post- Trial; Regulatory Capital Maintenance Agreement; Prior Material Breach; Repudiation; Entitlement to Restitution
07/30/2003HOMER J. HOLLAND and HOWARD R. ROSS v. THE UNITED STATES (95-524C)HornWinstar-Related Case; Motion to Dismiss; Privity of Contract; Cross-Motions for Summary Judgment on Liability; Contract Interpretation
07/29/2003AG ROUTE SEVEN PARTNERSHIP, ET. AL., Plaintiffs, and FEDERAL DEPOSIT INSURANCE CORPORATION, Substituted Plaintiff v. THE USGibsonWinstar-related case; Implied-Plaintiffs, in-fact contract; Private and investor standing; Assignee lack of privity of contract; Statutory shareholder standing pursuant to 12 U.S.C. 1821(d)(11)(A); Derivative shareholder standing; Lack of subject matter
07/17/2003FIRST FEDERAL SAVINGS BANK OF HEDEWISCH v. THE UNITED STATES (93-162C)FuteyWinstar-related case; Takings
07/16/2003SOUTHERN NATIONAL CORPORATION and BRANCH BANKING and TRUST COMPANY of SOUTH CAROLINA v. THE UNITED STATES (95-526C)Miller, C.Contracts; Winstar case; summary judgment; damages; reliance damages; wounded bank damages; expectancy damages; lost profits; put option; mitigation
07/09/2003STERLING SAVINGS, ET. AL., v. THE UNITED STATES (95-829C)DamichWinstar-related case; standing to assert claim for damages in breach of contract action
07/01/2003FIRST HEIGHTS BANK, FSB, PULTE DIVERSIFIED COMPANIES INC., AND PULTE HOMES, INC., v. THE UNITED STATES (96-811C)BrugginkWinstar; Covered asset losses; Guarini legislation; Damages
06/25/2003CITIZENS FINANCIAL SERVICES, FSB f/k/a CITIZENS FEDERAL SAVINGS and LOAN ASSOCIATION v. THE UNITED STATES (93-306C)FirestoneWinstar related; Restitution; Reliance Damages; Capital Replacement; Lost Profits
06/12/2003FIFTH THIRD BANK OF WESTERN OHIO v. THE UNITED STATES (95-503C)Miller, C.Contracts; Winstar case; RCFC 56(c) judgment on partial findings; contract formation
05/28/2003RICHARD C. LA VAN, CARMEN LULLO, RONALD S. KRAAR, DONALD BIALON, and JAMES SKOZEK v. THE UNITED STATES (90-581C)FirestoneWinstar-related Case; Restitution; Shareholder-standing; Fifth Amendment Taking; Post-judgment interest
05/22/2003HOMETOWN FINANCIAL, INC., and CONTINENTAL FINANCIAL HOLDINGS, INC., and FEDERAL INSURANCE DEPOSIT CORPORATION v. THE USFirestoneWinstar-related Case; Restitution and Reliance Damages; Standing to seek Expectancy Damages; Daubert Hearing
04/30/2003FIRST NATIONWIDE BANK, ET AL., v. THE UNITED STATES (96-590C)BrugginkWinstar; Guarini Legislation; Damages
04/14/2003FIRST ANNAPOLIS BANCORP, INC., and FEDERAL DEPOSIT INSURANCE CORPORATION v. THE UNITED STATES (94-522C)HornMotion for Reconsideration; Motion to Dismiss; Article III; Tucker Act, 28 U.S.C. 1491
03/25/2003NATIONAL AUSTRALIA BANK v. THE UNITED STATES (99-690C)BrugginkContracts;Winstar; Tax Benefit cases; Suits by foreign corporations under 2502
03/21/2003BANK OF AMERICA, FSB, ET AL., v. THE UNITED STATES (95-660C & 95-797C)WieseWinstar: Contracts (i) a Bank Board resolution approving a holding companys acquisition of a thrift institution and granting the institution special regulatory capital accounting privileges constitutes a contract between the Bank Board and the holding co