American Savings Bank, F.A. v. United States

83 Fed. Cl. 555, 2008 U.S. Claims LEXIS 267, 2008 WL 4267787
CourtUnited States Court of Federal Claims
DecidedSeptember 10, 2008
DocketNo. 92-872C
StatusPublished
Cited by9 cases

This text of 83 Fed. Cl. 555 (American Savings Bank, F.A. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Savings Bank, F.A. v. United States, 83 Fed. Cl. 555, 2008 U.S. Claims LEXIS 267, 2008 WL 4267787 (uscfc 2008).

Opinion

OPINION and ORDER

SMITH, Senior Judge.

After nearly sixteen years of litigation, three opinions from this Court and one opinion from the Federal Circuit, Plaintiffs are now back before this Court requesting this Court to enter partial final judgment in the amount of $55,028,000. Plaintiffs’ argument is simple: this amount should be paid promptly as this is the amount that this Court and the Federal Circuit have conclusively ruled that the Government owes to the Plaintiffs as damages for the Government’s breach of the Note Forbearance.

The Government contends that this amount should be deferred, and that instead, the Government should continue to hold on to this award until the Warrant Forbearance damages award is finalized. The Government’s theory in support of this is that because the Note Forbearance and Warrant Forbearance resulted from one indivisible transaction, there can only be one correct calculation of damages. An appeal from a partial final judgment, the Government argues, would duplicate both liability and damages issues in the event of a subsequent appeal of the final judgment. Further, the Government contends that judicial economy militates against subdivision of the Plaintiffs’ damages awards at this time.

The Court is not persuaded by the Government’s arguments. Instead, it is clear to the Court that the Circuit affirmed the Note Forbearance damages award and remanded for separate consideration the Warrant Forbearance damages award. In essence, this Court and the Federal Circuit have “subdivided” Plaintiffs’ damages into an affirmed portion and a remanded portion. With regard to the affirmed portion, the judiciary is finished. Therefore, with respect to the Note Forbearance, that award is final and Plaintiffs are entitled to the prompt award of $55,028,000. If the Court were to not grant this award, and wait until all judicial acts became final with regard to the Warrant Forbearance, the Government would be unjustly enriched and the Plaintiffs’ injury would be even greater as pre- or post-judgment interest may not be awarded in these types of cases. Hence, partial final judgment is not only appropriate, it is just. Therefore, the Court hereby GRANTS Plaintiffs’ motion.

PROCEDURAL HISTORY

After several years of discovery, testimony, and summary judgment briefing, this Court found the Government liable for breach of contract in Am. Sav. Bank, F.A. v. United States, 52 Fed.Cl. 509 (2002) (Am. Sav. I). Thereafter, this Court awarded damages to Plaintiffs in the amount of $401,534,000 for two separate types of damages. First, the Court awarded Plaintiffs’ damages for their “FSLIC Warrant” claim, for the Government’s breach of the Warrant Forbearance in the amount of $346,506,000. Second, this Court awarded Plaintiffs’ damages for their “FSLIC Note” claim, for the Government’s breach of the Note Forbearance in the amount of $55,028,000. Am. Sav. Bank, F.A. v. United States, 62 Fed.Cl. 6, 11-14 (2004) (Am. Sav. II); Am. Sav. Bank, [557]*557F.A v. United States, 74 Fed.Cl. 756, 759, 761-62 (2006) (Am. Sav. III).

On appeal, the Federal Circuit affirmed this Court’s findings of liability and further affirmed the award of $55,028,000 for the Government’s breach of the Note Forbearance. However, the Circuit Court reversed this Court’s ruling of $346,506,000 for partial restitution on the grounds that the Warrant Forbearance was not divisible from the rest of the transactions and remanded to determine “if damages [for breach of the Warrant Forbearance], as opposed to partial restitution, are proper under another theory.” Am. Sav. Bank, F.A v. United States, 519 F.3d 1316, 1328 (Fed.Cir.2008) (Am. Sav. IV). The Government submitted a petition for rehearing which was subsequently denied and the mandate issued on June 27, 2008.

After the mandate issued, Plaintiffs filed a motion for partial final judgment requesting the Court to enter partial final judgment on the Note Forbearance award. After full briefing, the Court held oral argument. At the conclusion of the hearing, the Court granted Plaintiffs’ motion. This opinion follows.

DISCUSSION

Plaintiffs assert that this Court is bound by the Federal Circuit’s affirmance of the Note Forbearance award and, therefore, may now enter a partial final judgment under 28 U.S.C. § 2517. PI. Br. 5. Plaintiffs further assert that justice demands this result. PL Reply Br. 6.

In its brief in opposition, the Government raises several arguments. First, the Government argues that if partial summary judgment is to be granted this judgment must be entered pursuant to RCFC 54(b). Id. at 4. For the purposes of RCFC 54(b), the Government argues that the Court must make a determination that the Note Forbearance and Warrant Forbearance are separate claims.1 Id. at 4. Second, the Government argues that in Adams v. United States, 51 Fed.Cl. 57 (2001) the court considered the requirements applicable for the entry of partial summary judgment pursuant to RCFC 54(b) and that those standards have not been met.2 Id. at 4-7. During oral argument, the Government withdrew its argument that RCFC 54(b) applies. Hr’g Tr. 22, July 31, 2008. Even so, the Government argued that “the Court should employ the same analysis as [held] in Adams----” Id. Lastly, the Government argues that “judicial economy militates against subdivision of plaintiffs’ damages awards at this time ... and the Court’s long-standing practice of not subdividing cases for separate treatment of individual issues should prevail.”3 D. Opp. 10.

A. Under 28 U.S.C. § 2517 the Court has the Power to Enter Partial Final Judgment

28 U.S.C. § 2517 plainly authorizes this Court to enter partial final judgment against the United States prior to the consideration of remanded issues. Specifically, the statute provides:

[E]very final judgment rendered by the United States Court of Federal Claims against the United States shall be paid out of any general appropriation therefor ... unless
the judgment is designated a partial judgment, in which event only the matters therein shall be discharged.

28 U.S.C. § 2517.

Under the law of the case doctrine, this Court is bound by the Federal Circuit’s affir[558]*558manee of this Court’s decision as to the Note Forbearance award. See Home Sav. of Am., F.S.B. v. United States, 69 Fed.Cl. 187, 192 (2005) (“All matters decided by the Federal Circuit have been made law of this ease. We would not be permitted on remand, to rule inconsistently with what has been decided”). Subsequently, this Court has the power to enter partial final judgment. However, even afforded with this power, the Court looks to the cases below for guidance with regard to whether partial final judgment is appropriate in this instance. The Court holds that it is.

B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Entergy Nuclear Palisades, LLC v. United States
122 Fed. Cl. 225 (Federal Claims, 2015)
Stockton East Water District v. United States
120 Fed. Cl. 80 (Federal Claims, 2015)
American Savings Bank, F.A. v. United States
98 Fed. Cl. 291 (Federal Claims, 2011)
Bell BCI Co. v. United States
91 Fed. Cl. 664 (Federal Claims, 2010)
Petro-Hunt, L.L.C. v. United States
91 Fed. Cl. 447 (Federal Claims, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
83 Fed. Cl. 555, 2008 U.S. Claims LEXIS 267, 2008 WL 4267787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-savings-bank-fa-v-united-states-uscfc-2008.