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WINSTAR

Year
Month
Judge

Date FiledCaseJudgeDownload Opinion
03/15/2004COLUMBIA FIRST BANK, FSB v. THE UNITED STATES (95-524C)HewittWinstar-related case; trial to prove lost profits damages; judgment on partial findings under RCFC 52(c); Financial Institutions Reform, Recovery, and Enforcement Act; substantial factor causation, foreseeability, and reasonable certainty; jury verdict me
03/09/2004HOMER J. HOLLAND & HOWARD R. ROSS v. THE UNITED STATES (95-524C)Miller, G.Winstar; FIRREA; breach of contract damages recoverable by corporate contract party, shareholders in privity; expectancy damages; lost profits; direct action by shareholders; derivative action on behalf of corporate entity; assignment of claims
02/27/2004AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, Plaintiffs, and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SBradenAMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, Plaintiffs, and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK, Plaintiff-Intervenor,v. THE UNITED STATESWinstar-Related Case; Causation;
02/27/2004LONG ISLAND SAVINGS BANK, FSB, ET AL., v. THE UNITED STATES (92-517C)LettowWinstar-related case; cross-motions for summary judgment on damages; expectancy damages; mitigation; causation; lost profits; cost of replacement capital; incidental losses
02/26/2004LOCAL OKLAHOMA BANK, N.A., v. THE UNITED STATES (96-584C)BrugginkWinstar; Guarini legislation; "Tax benefits;" Damages; Set-off; Interest
02/09/2004FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES (95-517C)MerowWinstar-related case; motion to dismiss; illegal exaction
01/23/2004CITIZENS FEDERAL BANK, FSB , ET AL., v. THE UNITED STATES (92-656C)DamichCITIZENS FEDERAL BANK, FSB , ET AL., v. THE UNITED STATES
01/22/2004COMMERCIAL FEDERAL BANK, F.S.B., v. THE UNITED STATES (95-472C)FuteyWinstar-related case; Expectancy damages; Lost profits; Supervisory goodwill; Cost of replacement capital; Jury verdict
12/19/2003THE GLOBE SAVINGS BANK, F.S.B. and PHOENIX CAPITAL GROUP, INC. v. THE UNITED STATES (91-1550C)LettowWinstar-related case; summary judgment; expectancy damages; causation; foreseeability; incidental losses
12/16/2003GRANITE MANAGEMENT CORPORATION, v. THE UNITED STATES (95-515C)FuteyWinstar-related case; Damages; Restitution; Avoided liquidation costs; Enhanced investment income; Reliance; Cost of performance; Supervisory capital; Cost of replacement; Cost of capital; Lost value on sale
11/07/2003AMERICAN FEDERAL BANK, FSB, v. THE UNITED STATES (95-498C)LettowWinstar-related case; cross-motions for summary judgment on liability; authority to contract;issue preclusion; contract formation; implied-in-factcontract
11/06/2003FIRST FEDERAL LINCOLN BANK v. THE UNITED STATES (95-518C)MargolisWinstar-related case; contracts; mutual intent to contract; offer, acceptance, and consideration
10/31/2003AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION & FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO ..BradenAMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION & FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK (Plaintiff-Intervenor) v. THE UNITED STATES Winstar-related case; Financial Institutions
10/31/2003COLUMBIA FIRST BANK, FSB v. THE UNITED STATES (95-510C)HewittWinstar-related case; evidence; ancient documents exception, Fed. R. Evid. 803(16); authentication, Fed. R. Evid. 901(b)(8); hearsay within hearsay, Fed. R. Evid. 805; documents of third parties, business records exception, Fed. R. Evid. 803(6); public re
10/31/2003COAST-TO-COAST FINANCIAL CORPORATION v. THE UNITED STATES (95-525C)BrugginkWinstar; breach of contract; contract interpretation; extrinsic evidence; assumption of risk of regulatory change
10/28/2003O. BRUTON SMITH and HELEN W. SMITH, Executrix for Plaintiff Bill Smith, deceased & THE FEDERAL DEPOSIT INSURANCE ...BlockO. BRUTON SMITH and HELEN W. SMITH, Executrix for Plaintiff Bill Smith, deceased & THE FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor v. THE UNITED STATES - ERRATAWinstar-Related Case; Privity of Executrix Contract; ShareholderDerivative Stan
10/23/2003ALFRED D. HUGHES and EL PASO HOLDING CORPORATION v. THE UNITED STATES (90-878C)MerowWinstar-related Case; FIRREA;Contract Formation; Summary Judgment for Breach of Contract; FHLBBs Contracting Authority; Assignment of Risk; Privity
10/14/2003FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES (95-517C)MerowContracts; Winstar-related case; liability for breach of contract; lack of consideration; real party in interest; Assignment of Claims Act; Fifth Amendment taking and due process claims; summary judgment
10/02/2003ANCHOR SAVINGS BANK, FSB v. THE UNITED STATES - ERRATA (95-39C)BlockWinstar-Related Case; Summary Judgment; Damages; Material Issue of Fact; Burden of Proof; Causation Foreseeability
09/03/2003HOME SAVINGS OF AMERICA, F.S.B., and H. F. AHMANSON & CO., v. THE UNITED STATES (92-620C)BrugginkWinstar; Contract Interpretation; Damages