United States Federal Circuit

In a Winstar-related case arising out of the savings and loan crisis of the late 1980s, an award of damages to plaintiff for the government's breach of contract is affirmed over the government's challenges to: 1) the trial court-s use of the jury verdict method of assessing damages; 2) a finding that federal regulators would not have approved a company's gratuitous assumption of plaintiff's debt; and 3) the overall reasonableness of the damages award.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• BRYSON, Circuit Judge., Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mitchell R. Berger, Patton Boggs LLP, of Washington, DC, argued for plaintiffs-cross appellants, and James M. Fail. With him on the brief were Michael J. Schaengold and Ugo Colella.   Of counsel on the brief was I. Thomas Bieging, Bieging, Shapiro & Burrus LLP, of Denver, CO.


• 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 were Stuart E. Schiffer, Deputy Assistant Attorney General, Jeanne E. Davidson, Deputy Director, Kenneth M. Dintzer, Senior Trial Attorney, Elizabeth M. Hosford and Richard B. Evans, Trial Attorneys.   Of counsel was F. Jefferson Hughes, Trial Attorney.