Legal Opinion

Hansen Bancorp, Inc. v. United States

United States Court of Federal Claims

Decided July 26, 2002No. 92-828CPublishedCited by 11 opinions

1Opinion of the Court

OPINION

MILLER, Judge.

After the court granted summary judgment for plaintiffs on liability and began shepherding this Winstar case towards resolution of damages, a recrudescence of the parties’ disputes is before the court on cross-motions for summary judgment. Ostensibly dealing with damages, the motion implicates elements of liability. At issue is whether plaintiffs must prove causation as an element of a claim for restitution and whether they can recover, under a theory of restitution or reliance, the value of stock exchanged contemporaneously with an assisted merger transaction. Argument…

2Cases cited38 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. United States v. Winstar Corp.Supreme Court of the United States · 1996
  5. Sri International v. Matsushita Electric Corporation of America and Matsushita Electric Industrial Co., Ltd.Court of Appeals for the Federal Circuit · 1985

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3Cited by11 opinions

  1. Hansen Bancorp, Inc., Elmer F. Hansen, Jr., and G. Eileen Hansen v. United States, Defendant-CrossCourt of Appeals for the Federal Circuit · 2004
  2. Westfed Holdings, Inc. v. United StatesUnited States Court of Federal Claims · 2003
  3. Franklin Federal Savings Bank v. United StatesUnited States Court of Federal Claims · 2003
  4. Southern California Federal Savings & Loan Ass'n v. United StatesUnited States Court of Federal Claims · 2003
  5. Hometown Financial, Inc. v. United StatesUnited States Court of Federal Claims · 2003

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