United States Federal Circuit

In a case disputing damages owed as a result of defendant's breach of contract with savings and loan thrifts, plaintiff's award of $381 million in "wounded bank" damages is affirmed. Denial of plaintiff's cross-appeal for $425.5 million in reliance damages is also affirmed.

Appellate Information

• Decided 08/09/2004
• Published 08/09/2004

Judges

• PLAGER, Senior Circuit Judge., Before MAYER, Chief Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard D. Bernstein, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief were Carter G. Phillips, Jacqueline G. Cooper, Jay T. Jorgensen and Joseph R. Palmore.   Of counsel on the brief were Ronald W. Stevens, Kirkpatrick & Lockhart LLP, of Los Angeles, CA and Joseph J. Brigati, of Washington, DC. Of counsel was Jonathan F. Cohn, Sidley Austin Brown & Wood LLP, of Washington, DC.


• For Appellees:
  
• David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief was Stuart E. Schiffer, Deputy Assistant Attorney General.   Of counsel on the brief were Jeanne E. Davidson, Deputy Director;  William F. Ryan, Assistant Director;  Colleen Conry, Henry R. Felix, F. Jefferson Hughes and Tarek Sawi, Trial Attorneys.   Of counsel was Jane M.E. Peterson, Trial Attorney.