Free Notice of Additional Authority - District Court of Federal Claims - federal

Case 1:95-cv-00518-LSM

Document 248

Filed 10/16/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FIRST FEDERAL LINCOLN BANK, Plaintiff, v. UNITED STATES, Defendant.

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Civil Action No. 95-518C (Senior Judge Margolis)

PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY Plaintiff, First Federal Lincoln Bank, hereby files this notice of supplemental authority to bring to this Court's attention an opinion recently filed by the United States Court of Appeals for the Federal Circuit, which relates to the trial on damages in this case held from May 22 through June 2, 2006. See Bluebonnet Sav. Bank, F.S.B. v. United States, Nos. 06-5016 & 065024 (Fed. Cir. Oct. 11, 2006) (copy attached as Exhibit A). In Bluebonnet, the Federal Circuit affirmed an award of damages in a Winstar-related case in the amount of almost $96.8 million. In so doing, the Federal Circuit reaffirmed the availability and appropriateness of the jury verdict method of measuring damages in Winstar-related cases when the trial court determines that "`neither party has been able to present an independently complete or acceptable measure of damages.'" Id. slip. op. at 14 (quoting White Mountain Apache Tribe v. United States, 11 Cl. Ct. 614, 663 (1987)). The Federal Circuit noted that the reasoning adopted by the United States Court of Federal Claims in computing damages, "closely mapped the presentations of the parties, with the court expressly adopting portions of the analysis proffered by each party." Id. In addition, the Federal Circuit recognized that the trial court's determination of damages depended on its "sophisticated analysis of a hypothetical state of affairs," and affirmed the trial

Case 1:95-cv-00518-LSM

Document 248

Filed 10/16/2006

Page 2 of 3

court's recalculation of the damages based on "facts and projections as to how the facts would have unfolded in the hypothetical non-breach world." Id. at 25. DATED: October 16, 2006 Respectfully submitted,

Of Counsel: Paul M. Honigberg Lawrence S. Sher Katia I. Fano Blank Rome LLP

s/Edward L. Lublin______________ Edward L. Lublin Blank Rome LLP Watergate, Twelfth Floor 600 New Hampshire Ave., NW Washington, D.C. 20037 Telephone: (202) 772-5933 Facsimile: (202) 572-8379 E-Mail: [email protected] Counsel for Plaintiff First Federal Lincoln Bank

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Case 1:95-cv-00518-LSM

Document 248

Filed 10/16/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that, on this 16th day of October 2006, I served the foregoing Plaintiff's Notice of Supplemental Authority, by electronic filing, on Defendant's counsel of record at his last known address, as follows: William G. Kanellis Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530

s/Paul M. Honigberg____ PAUL M. HONIGBERG

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