Legal Opinion
Fifth Third Bank v. United States
United States Court of Federal Claims
Decided June 12, 2003No. 95-503CPublishedCited by 8 opinions
1Opinion of the Court
OPINION
MILLER, Judge.
At the conclusion of plaintiffs case-in-chief, defendant moved for judgment on partial findings in its favor, pursuant to RCFC 52(c). The court denied the motion as to damages, but granted judgment for defendant on liability.
The court was advised that this was the first trial on liability in a Winstar case. Plaintiffs case on liability, and the Government’s scrutiny of it under cross-examination, illuminated the difficulty of proving the elements of express or implied-in-fact contracts that allegedly were formed over 20 years ago based on testimony at trial, testimony by…
2Cases cited21 opinions
- United States v. Winstar Corp.Supreme Court of the United States · 1996
- Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
- Trauma Service Group v. United StatesCourt of Appeals for the Federal Circuit · 1997
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
- Glendale Federal Bank, Fsb, Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2001
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fifth Third Bank v. United StatesCourt of Appeals for the Federal Circuit · 2008
- American Federal Bank, FSB v. United StatesUnited States Court of Federal Claims · 2003
- Fifth Third Bank v. United StatesUnited States Court of Federal Claims · 2006
- First Federal Lincoln Bank v. United StatesUnited States Court of Federal Claims · 2003
- Fifth Third Bank v. United StatesUnited States Court of Federal Claims · 2003
3 more not listed; retrieve them via the Exa API.