Lasalle Talman Bank, F.S.B. v. United States, Defendant-Cross

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding cost of replacement capital is recoverable by thrift and can be measured by dividends paid to issuer of investment capital; remanding for a calculation of cost of replacement capital
• explaining that “the cost of capital replacement can serve as a valid theory for measuring expectancy damages ... ”
• recognizing that “the cost of replacement capital can serve as a valid theory for measuring expectancy damages ... because it provides a measure of compensation based on the cost of substituting real capital for the intangible capital held by plaintiff in the form of supervisory goodwill”
• stating that the avoided liquidation costs are “at most a paper calculation” and “are not a usable measure of either cost to the thrift or benefit to the government, and thus not an appropriate threshold for restitution damages”
• remanding for recalculation of mitigation-related profits, but not for recalculation of lost profits, because “the burden of imprecision does not fall on the innocent party”
• noting that AEGIS “assign[ed] that subrogation right to KCP&L”

Source: CourtListener parenthetical corpus (CC0).