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

OPINION

SMITH, Senior Judge.

This “third wave” Winstar-related case is before the Court on defendant’s Motion for Disqualification of Plaintiffs Attorney filed on March 11, 2003. The plaintiff responded on March 27, 2003, and the government replied on April 9, 2003. A telephonic oral argument was held on May 9, 2003. After careful consideration of the briefs and oral argument, the Court denied defendant’s Motion by Order dated May 12, 2003. This opinion sets forth the Court’s reasoning supporting the decision.

In evaluating a disqualification motion, the Court of Federal Claims is guided by the…