United States Federal Circuit

Judgment in favor of plaintiffs' claim, seeking to recover damages they incurred from the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act, is reversed where the Court of Federal Claims erred in holding that the individual plaintiffs have standing to sue the United States for breach of contract.

Appellate Information

• Decided 08/22/2005
• Published 08/22/2005

Judges

• Before NEWMAN, MAYER and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David B. Bergman, Arnold & Porter, LLP, of Washington, DC, argued for plaintiffs-cross appellants.   Of counsel on the brief were Melvin C. Garbow, Howard N. Cayne, Michael A. Johnson, and Ida L. Bostian.


• For Appellees:
  
• Rosemary Stewart, Spriggs & Hollingsworth, of Washington, DC, argued for plaintiffs-appellees Southern California Federal Savings & Loan Association and SoCal Holdings, Inc.   With her on the brief was Monica A. Freas., David S. Cohen, Milbank, Tweed, Hadley & McCloy LLP, of Washington, DC, argued for plaintiffs-appellees Arbur, Inc., William E. Simon, Jr., J. Peter Simon, and George J. Gillespie, III.   Of counsel on the brief were Richard C. Tufaro and Lesley A. Benn., Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, and David M. Cohen, Director.   Of counsel on the brief were Kenneth M. Dintzer, Senior Trial Counsel, Colleen A. Conry, David C. Hoffman, John N. Kane, and Tonia J. Tomatore, Trial Attorneys.