United States Federal Circuit

In a Winstar-related case, a decision of the U.S. Court of Federal Claims awarding a bank $146.7 million in "cost-of-replacement-capital" damages is affirmed where there was no clear error as to the decision, and a decision to upwardly adjust the damages award to reflect the bank's effective tax rate is also affirmed.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• LOURIE, Circuit Judge., Before NEWMAN, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Wilber H. Boies, McDermott, Will & Emery, of Chicago, Illinois, argued for plaintiff-appellee.   With him on the brief were Marie A. Halpin and Suzanne M. Wallman.   Also on the brief was Thomas P. Steindler, of Washington, DC., 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, Tarek Sawi and John J. Todor, Trial Attorneys.