Northeast Savings v. United States

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON DAMAGES

WILLIAMS, Judge.

This Winstar-related case comes before the Court on Defendant’s Motion for Summary Judgment Upon Damages. Plaintiff seeks three elements of damages: 1) lost profits; 2) cost of raising additional capital; and 3) out-of-pocket expenses related to the breach. Defendant argues each of these damages theories fails as a matter of law. Because material facts are in dispute and the conflicting expert opinions cannot be resolved on this record, Defendant’s Motion for Summary Judgment is denied.

Background 1

In…