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WINSTAR

Year
Month
Judge

Date FiledCaseJudgeDownload Opinion
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
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