United States Federal Circuit

In a Winstar breach of contract case, rulings in favor of plaintiff-individual corporate officer and a ruling against plaintiff-corporation are affirmed in part and reversed in part where: 1) there was only one overall contractual agreement with the government in this case, and that agreement shifted the risk of regulatory change to the private parties; and 2) thus, the government was not liable to either plaintiff for its breach of the agreement by enacting the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).

Appellate Information

• Decided 08/29/2007
• Published 08/29/2007

Judges

• MOORE, Circuit Judge., Before MAYER, RADER, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John K. Villa, Williams & Connolly LLP, of Washington, DC, argued for plaintiff-appellee and plaintiff-cross appellant.   Of counsel on the brief were David S. Blatt, Ryan T. Scarborough, Richard A. Olderman and Dov P. Grossman., Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief was Stuart E. Schiffer, Deputy Assistant Attorney General.   Of counsel on the brief were Jeanne E. Davidson, Director, William F. Ryan, Assistant Director, and Arlene Pianko Groner, Trial Attorney.