United States Federal Circuit

In a Winstar case involving allegations that the government entered into contracts with plaintiff-bank regarding regulatory treatment of goodwill, a ruling finding that the government had breached a contract regarding regulatory treatment of goodwill with respect to one merger and assessing damages of over $4 million is reversed where plaintiff: 1) was not entitled to recover damages based on the market value of its lost deposits as of the date of trial; and 2) neither claimed nor introduced evidence to support damages based on the value of lost deposits at the time they were lost. On cross-appeal, a ruling finding that no goodwill contracts existed with respect to two other mergers is affirmed.

Appellate Information

• Decided 03/05/2008
• Published 03/05/2008

Judges

• Before MAYER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul M. Honigberg, Blank Rome LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief were Edward L. Lublin and Katia I. Fano.


• For Appellees:
  
• William G. Kanellis, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief was Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, Kenneth M. Dintzer, Assistant Director, and Scott D. Austin, Elizabeth A. Holt and John J. Todor, Trial Attorneys.