Legal Opinion

American Federal Bank, FSB v. United States

United States Court of Federal Claims

Decided November 1, 2006No. 95-498CPublishedCited by 10 opinions

1Opinion of the Court

ORDER FOR ENTRY OF FINAL JUDGMENT

LETTOW, Judge.

A template for calculation of damages in this Winstar-related case1 was established in a post-trial decision issued on September 1, 2006. See American Fed. Bank, FSB v. United States, 72 Fed.Cl. 586 (2006) (“AmFed IV”). First, the recovery awarded plaintiff (“American Federal”) for breach of two contracts relating to allowance of regulatory capital consisted of “expectancy damages equal to [plaintiffs] net costs of replacing the intangible] capital [allowed by the government to be counted as regulatory capital prior to the Financial Institution…

2Cases cited33 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. United States v. Winstar Corp.Supreme Court of the United States · 1996
  3. Sequa Corp. v. GBJ Corp.Court of Appeals for the Second Circuit · 1998
  4. John Simmons Co. v. Grier Brothers Co.Supreme Court of the United States · 1922
  5. Marconi Wireless Co. v. United StatesSupreme Court of the United States · 1943

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3Cited by10 opinions

  1. First Federal Savings & Loan Ass'n v. United StatesUnited States Court of Federal Claims · 2009
  2. ACE Constructors, Inc. v. United StatesUnited States Court of Federal Claims · 2008
  3. Canvs Corporation v. United StatesUnited States Court of Federal Claims · 2014
  4. Precision Pine & Timber, Inc. v. United StatesUnited States Court of Federal Claims · 2008
  5. New Orleans Regional Physician Hospital Organization, Inc. v. United StatesUnited States Court of Federal Claims · 2015

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