· 9/21/2001
Bluebonnet Savings Bank, F.S.B., Stone Capital, Inc. (Formerly Known as Cfsb Corporation), and James M. Fail v. United States
Citations
- 266 F.3d 1348
- 2001 U.S. App. LEXIS 20734
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that holding company and shareholder, parties to a contract, may sue to enforce contract because regulatory forbearances were intended to benefit shareholders as well as thrift
- holding that rebanee damages are appropriate where the plaintiff shows that, but for the breach, plaintiff would not have agreed to the contract or that the breach “adversely affected the terms of the [contract].”
- holding that reliance damages are appropriate where the plaintiff shows that, but for the breach, plaintiff would not have agreed to the contract or that the breach “adversely affected the terms of the [contract].”
- stating that causation is a question of fact that the Circuit Court reviews under the clear error standard
- concluding that increased cost of financing foreseeable and recoverable
- explaining that damage calculations are not an exact science and “it is enough if the evidence adduced is sufficient to enable a court or jury to make a fair and reasonable approximation” (internal quotation marks and citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Rader, Linn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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