United States Federal Circuit

Reduction to present value of an award of lost profits, as of the date of judgment in a suit against the U.S. for breach of contract, was proper, but use of a risk-adjusted discount rate was required in arriving at the present value of the damages award.

Appellate Information

• Decided 08/14/2002
• Published 08/14/2002

Judges

• SCHALL, Circuit Judge., Before CLEVENGER, SCHALL, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Michael S. Gardener,Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., of Boston, MA, argued for plaintiff-appellee.   With him on the brief was Laurence A. Schoen., Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief were Jeffrey A. Belkin and Allison A. Page, Trial Attorneys.   Also of counsel on the brief were Carole W. Wilson, Associate General Counsel;  and William Lane, Trial Attorney, Office of General Counsel, Department of Housing and Urban Development, of Washington, DC.