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Litigated Cases

Long Island Sav. Bank, FSB v. United States

Long Island Sav. Bank, FSB v. United States, 54 Fed. Cl. 607 (2002) and Long Island Sav. Bank, FSB v. United States, 67 Fed. Cl. 616 (2005) (lead trial counsel for the United States) (Winstar-related) (in a breach-of-contract suit brought by a bank based upon Congress's abrogation in FIRREA of the regulatory capital provisions of an assistance agreement with the FHLLB under which the bank merged with an insolvent bank, rejecting the defenses of United States based upon fraud in the inducement and prior material breach and awarding after trial $435 million in lost-profit damages related to the cost of replacement capital).

Long Island Savings Bank, FSB v. United States, 476 F.3d 917 (Fed. Cir. 2007) (lead counsel for the United States), acting en banc returning case to original panel for revision, rev'd, 503 F.3d 1234 (Fed. Cir. 2007) (vacating a $435 million judgment for lost profits because of fraud in the inducement and prior material breach by the bank in not disclosing as required by the agreement the long-time and continuing breach of the anti-kickback provisions of the Real Estate Settlement Practices Act by its chairman and CEO).

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