United States Federal Circuit

In an action alleging the U.S. breached contracts by which plaintiffs agreed to acquire failing thrifts insured by the government in exchange for financial benefits including beneficial tax treatment, denial of plaintiffs' motion for attorney's fees after they prevailed on the claim is affirmed over a claim that the bad faith exception to the American Rule warranted an award of attorney fees because the government had acted in bad faith both before and after the enactment of the Guarini amendment, which retroactively eliminated plaintiffs' tax benefits.

Appellate Information

• Decided 05/17/2007
• Published 05/17/2007

Judges

• BRYSON, Circuit Judge., Before BRYSON and LINN, Circuit Judges, and ROBINSON, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kent A. Yalowitz, Arnold & Porter LLP, of New York, NY, argued for plaintiffs-appellants, CTX Holding Company, et al.   With him on the brief were J. Alex Brophy of New York, NY, and Melvin C. Garbow, Howard N. Cayne, and Thomas R. Dwyer, of Washington, DC., Robert K. Huffman, Miller & Chevalier, Chartered, of Washington, DC, argued for plaintiffs-appellants, First Heights Bank, et al.   With him on the brief were Emmett B. Lewis and Alan I. Horowitz.


• For Appellees:
  
• Scott D. Austin, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Deputy Director and Jeffrey T. Infelise, Trial Attorney.