First Federal Lincoln Bank v. United States

I dissent from the majority’s reversal of the Court of Federal Claims’ damages award. The trial court made a reasonable and well-supported determination of the damages sustained by First Federal Lincoln Bank (“First Federal”), and the majority offers no persuasive justification for setting it aside. Furthermore, after deciding to jettison the expectancy damages theory upon which this case was tried, the majority precludes First Federal from presenting evidence as to the damages it suffered under the majority’s newly-adopted damages paradigm. This is fundamentally unjust.

I. Standard of Review

Th…