United States Federal Circuit

In a "Winstar" case, summary judgment holding that the U.S. breached the implied covenant of good faith and fair dealing and awarding damages to a bank is affirmed where the trial court properly determined liability and damages.

Appellate Information

• Decided 06/29/2006
• Published 06/29/2006

Judges

• LINN, Circuit Judge., Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kent A. Yalowitz, Arnold & Porter LLP, of New York, New York, argued for plaintiff-cross appellant.   With him on the brief were Melvin C. Garbow, Howard N. Cayne, and Thomas R. Dwyer, of Washington, DC.


• For Appellees:
  
• Scott D. Austin, Trial Attorney, 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;  and Jeanne E. Davidson, Deputy Director.