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Glendale Federal Bank, Fsb, Plaintiff-Cross v. United States

Citations: 378 F.3d 1308; 2004 U.S. App. LEXIS 16380; 2004 WL 1768277Docket: 03-5136

Court: Court of Appeals for the Federal Circuit; August 9, 2004; Federal Appellate Court

Narrative Opinion Summary

The case concerns an appeal involving Glendale Federal Bank and the United States Government over damages related to contract breaches following the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). This matter is part of the broader Winstar litigation concerning regulatory capital contracts. Initially, Glendale was awarded $381 million in 'wounded bank' damages by the Court of Federal Claims, but sought an additional $527.5 million in reliance damages. The appellate court upheld the trial court's decision to grant $381 million in reliance damages, recognizing these as directly tied to the breach. However, Glendale's pursuit of expectancy damages was rejected due to speculative evidence. Restitution claims were also dismissed for relying on indeterminate gains. The Government's attempt to offset these damages was rejected as unproven. The appellate court affirmed the trial court's factual findings, underscoring reliance damages as the preferred recovery method when based on real, ascertainable losses. The case exemplifies the challenges in quantifying damages in the Winstar cases, and the court's guidance aims to expedite resolution of the remaining cases pending in the Court of Federal Claims.

Legal Issues Addressed

Breach of Contract and FIRREA

Application: The appellate court upheld the trial court's finding that the enactment of FIRREA constituted a breach of contract between the Government and Glendale.

Reasoning: The appellate court upheld the trial court's finding that the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) breached these contracts, a ruling later affirmed by the U.S. Supreme Court.

Burden of Proof in Offset Claims

Application: The Government's claim for offsetting damages was rejected due to insufficient proof that Glendale benefitted from its Florida acquisition.

Reasoning: The Government's argument for a $243 million offset against Glendale's claimed reliance damages of $381 million is acknowledged but deemed unproven; the burden rests on the Government to demonstrate that Glendale benefited from its Florida division.

Damages Assessment in Winstar Cases

Application: Expectancy damages are ruled out due to speculative evidence, focusing instead on reliance damages for actual costs incurred.

Reasoning: During the first damages trial, Glendale's pursuit of 'expectancy damages,' akin to lost profits, was rejected by the trial court due to the implausibility of the model and speculative nature of the evidence.

Reliance Damages in Contract Breach

Application: Reliance damages are awarded based on actual costs incurred due to the breach, with the trial court affirming $381 million in reliance damages to Glendale.

Reasoning: The trial court awarded Glendale $381 million in reliance damages, primarily based on the concept of 'wounded bank' damages, which accounted for $335 million of the total.

Restitution and Speculative Claims

Application: Restitution claims must be based on provable contributions; speculative and indeterminate gains are insufficient for recovery.

Reasoning: Upon review, the appellate court found the restitution theory flawed, as it relied on speculative and indeterminate gains. Thus, the $510 million award was vacated.