Commercial Law Keyed to Lopucki
United States v. Winstar
This case is regarding the impact of FIRREA’s tightened capital requirements on three thrift institutions created by way of supervisory mergers. Glendale Federal Bank, Winstar corporation, and The Statesman Group (Respondents) acquired thrifts in 1981, 1984, and 1998, respectively. After the passage of FIRREA, federal regulators seized the Winstar and Statesman thrifts for failure to meet the new capital requirements. Respondents filed suit seeking money damages on both contractual and constitutional grounds on the grounds that the Bank Board and FSLIC promised them that the supervisory good will created in their merger transactions could be counted toward regulatory capital requirements. The court granted summary judgment on the contractual claims, finding that the government breached its contractual obligations to permit respondents to count supervisory goodwill and capital creditors toward their regulatory capital requirements. The Federal Circuit reversed, finding that the parties did not allocate to the government the risk of a subsequent change in the regulatory capital requirements, but the full court reversed the panel decision and affirmed the Court of Federal Claims ruling. The Court took the case to consider the extent to which special rules govern enforcement of the governmental contracts at issue here.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.