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WINSTAR

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Year
Month
Judge

Date FiledCaseJudgeDownload Opinion
08/08/2006FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA (94-522C)WilliamsWinstar; FED. R. EVID. 701, 702; Hearsay; Business Record, FED. R. EVID. 803(6); Witness Competence;Relevance
07/18/2006NORTHEAST SAVINGS, v. UNITED STATES OF AMERICA (92-550C)WilliamsWinstar Damages; Summary Judgment; Lost Profits; Cost of Capital; Out-of-Pocket Expenses; Wounded Bank Damages; Conflicting Experts
06/09/2006ALFRED D. HUGHES and EL PASO HOLDING CORPORATION, v. UNITED STATES OF AMERICA (90-878C)MerowWinstar-related case; trial on damages; return of required contributions; Financial Institution Reform, Recovery, and Enforcement Act;material, substantial and total breach; offsets; tax gross-up; assumption of risk of regulatory change
05/26/2006FIFTH THIRD BANK, v. UNITED STATES OF AMERICA (95-503C)Miller, C.Contracts; Winstar case; remand; damages for breach of contract; expectancy damages; sale of division; conversion proceeds; tax gross-up
05/24/2006CENTEX CORPORATION, ET. AL., v. UNITED STATES OF AMERICA (96-494C)BrugginkWinstar; Guarini Legislation; Attorneys Fees; Rule 54(b); Rule 37(c) sanctions
02/10/2006FRANK P. SLATTERY, JR., et. al., v. THE UNITED STATES (93-280C)SmithWinstar damages; Cost of Performance/ Reliance interest; Wounded Bank damages; Expectancy interest; Restitution interest
12/30/2005HOME SAVINGS OF AMERICA, F.S.B., and H.F. AHMANSON & CO., v. THE UNITED STATES (92-620C)BrugginkWinstar; Finality of Partially Affirmed Judgment; Enforcement of Partial Judgment
11/15/2005FIRST FEDERAL LINCOLN BANK, v. THE UNITED STATES (95-518C)MargolisWinstar-related case; summary judgment; damages; causation; lost profits claim; cost of replacement capital
10/31/2005AMERICAN FEDERAL BANK, FSB,v.THE UNITED STATES (95-498C)LettowWinstar-related case; cross-motions for summary judgment on damages; expectancy damages; cost of replacement capital; lost profits; reliance damages; incidental losses; tax gross-up
10/20/2005FIRST FEDERAL LINCOLN BANK, v. THE UNITED STATES (95-518C)MargolisWinstar case; motion for reconsideration; no change in controlling law; government acceptance under Winstar
08/31/2005CHARTER FEDERAL SAVINGS BANK,v.THE UNITED STATES (95-513C)BradenBreach of Implied Contract;Mutuality of Intent;Remand; Supervisory Goodwill; Winstar-related case
08/24/2005HANSEN BANCORP, INC., ET AL., v. THE UNITED STATES (92-828C)Miller, C.Contracts; breach of contract; Winstar case; goodwill; amortization of covered-asset assistance; restitution; material breach of contract; judicial estoppel; SM-1 forbearance
08/16/2005BLUEBONNET SAVINGS BANK FSB, STONE CAPITAL, INC. and JAMES M. FAIL, v. THE UNITED STATES (95-532C)FuteyWinstar-related case; Damages; Expectancy;Expert Testimony; Burden of Proof; But-for costs;Reasonable Certainty;Jury Verdict Damages
07/21/2005BANK OF AMERICA, FSB, et al.,v. THE UNITED STATES (95-660C, 95-797C, 95-7971C )WieseWinstar: damages; cost of coverA damages award must reflect costs actually incurred in replacing supervisory goodwill with tangible capital, including dividends paid on preferred and common shares of stock, transaction costs, and wounded bank damages. An
06/30/2005CITIZENS FEDERAL BANK, v. THE UNITED STATES (92-656C)Miller, G.Winstar, mitigation, causation, foreseeability, reasonable certainty, damages, lost interest tax shield, lost enterprise value, transaction costs
05/31/2005AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION,FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR ...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 (95-523C) Causation; Collateral and Essential Re
04/29/2005CAROLINE HUNT TRUST ESTATE, v. THE UNITED STATES (95-531C)MerowWinstar-related case; trial on liability and damages; contract formation; offer; acceptance;consideration; capital credits; regulatory capital; required contributions; FIRREA; breach; materiality; adverse inferences; waiver; burdens of proof; offsets; val
04/29/2005THE GLOBE SAVINGS BANK, F.S.B., and PHOENIX CAPITAL GROUP, INC., v. THE UNITED STATES (91-1550C)LettowWinstar-related case; expectancy damages; Restatement (Second) Contracts 347; lost profits; incidental losses
04/27/2005AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, v. THE UNITED STATES and FEDERAL DEPOSIT INSURANCE ...BradenAMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, v. THE UNITED STATES and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK, Plaintiff-Intervenor, (95-523C) Causation;Motion for Reconsidera
03/07/2005CITIZENS FINANCIAL SERVICES, FSB f/k/a CITIZENS FEDERAL SAVINGS and LOAN ASSOCIATION v. THE UNITED STATES (99-0160V)FirestoneWinstar-related case; Trial on Lost Profits; Foreseeability; Causation;Reasonable Certainty
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