Legal Opinion

Astoria Federal Savings & Loan Ass'n v. United States

United States Court of Federal Claims

Decided January 8, 2008No. 95-468CPublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

WHEELER, Judge.1

In this Winstar case, the Court must determine the damages due Plaintiff from Congress’s passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.L. No. 101-73,103 Stat. 183 (1989) (“FIRREA”). The legal theory in Winstar cases is that FIRREA’s restrictions on the inclusion of goodwill in regulatory capital constitute a breach of the Government’s Assistance Agreement created when one thrift institution acquired another during the savings and loan industry crisis in the 1980s. See United States v. Winstar Corp., 518 U.S. 839, 116…

2Cases cited39 opinions

  1. United States v. Winstar Corp.Supreme Court of the United States · 1996
  2. Glendale Federal Bank, Fsb, Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2001
  3. Indiana Michigan Power Company v. United StatesCourt of Appeals for the Federal Circuit · 2005
  4. Bluebonnet Savings Bank, F.S.B., Stone Capital, Inc. (Formerly Known as Cfsb Corporation), and James M. Fail v. United StatesCourt of Appeals for the Federal Circuit · 2001
  5. California Federal Bank, Fsb, Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2001

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3Cited by2 opinions

  1. Astoria Federal Savings & Loan Ass'n v. United StatesCourt of Appeals for the Federal Circuit · 2009
  2. Northeast Savings, F.A. v. United StatesUnited States Court of Federal Claims · 2010

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