United States Federal Circuit

Judgment for plaintiffs for damages resulting from changes in regulatory capital requirements is reversed, because under case law precedent, plaintiffs-thrift entities assumed the risk of regulatory change resulting from the enactment of the Financial Institutions Reform, Recovery and Enforcement Act.

Appellate Information

• Decided 12/14/2005
• Published 12/14/2005

Judges

• Before CLEVENGER, RADER, DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Eric W. Bloom, Winston & Strawn LLP, of Washington, DC, argued for plaintiffs-cross appellants.   With him on the brief for George O. Haggard, Jr., et al. were Thomas M. Buchanan and Charles B. Klein.   Of counsel on the brief for Franklin Federal Savings Bank, et al. was Thomas R. Dyer, Wyatt, Tarrant & Combs, LLP, of Memphis, Tennessee.


• For Appellees:
  
• William F. Ryan, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, Elizabeth A. Holt and John H. Roberson, Trial Attorneys.   Of counsel were Delisa M. Sanchez and Marc S. Sacks.