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| Case Updates for 2011 | |
Prior Case Updates for: 2012—2011—2010—2009—2008—2007—2006—2005—2004—2003—2002—2001 |
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| Posted: December 26, 2011 | “The government filed its Answering Brief on December 12, 2011. Our Reply Brief is now due no later than January 3, 2012. If you have access to the Pacer website, you can download the opening and answering briefs. You may also contact me for a copy of my confidential draft reply brief if you would like to comment. We are asking for an extension until January 21, 2012.” |
| Posted: September 15, 2011 | “At my request, and with the consent of the government, the Federal Circuit has granted us a seven day extension for filing our opening brief. I want to do the best possible job on the brief and a few more days of fine-tuning will be helpful. We will file the brief a few days before September 21st and will let you know how you can receive a copy.” |
| Posted: June 13, 2011 |
“Our Notice of Appeal was timely filed on June 10, 2011 in the United States Court of Federal Claims (see the attached date stamped Notice of Appeal and Certificate of Service). I am the attorney of record, Tom Buchanan and Eric Bloom of Winston and Strawn remain as "of counsel", and Bob Suess continues as one of the Plaintiffs. The case is now in the United States Court of Appeals for the Federal Circuit. The case could take a year or more before the Record and briefs are filed and oral argument is set in Washington, D.C. before a three Judge panel. If there are any changes, I will let you know by updating this website.” |
| Posted: April 13, 2011 |
“I enclose the decision of Senior Judge Loren Smith dismissing our case. Eric Bloom and I will evaluate our chances of winning an appeal and will report to you in the near future.” ● Judgment |
| Posted: March 14, 2011 |
“On February 4, 2011, I filed, with the help of Eric Bloom from Winston & Strawn, a Motion for Summary Judgment on our claim for $6.809 million for the government’s wrongful breach of the Western Heritage contract. We are arguing that a wrong needs a remedy and distinguishing certain cases. The government responded on March 4, 2011 with a Motion to Stay for 30 days and an attack on our Summary Judgment motion. We are working on a Response. As I have previously advised you, this is up-hill, but I believe the shareholders deserve this effort.” |
| Posted: January 24, 2011 |
“Senior Judge Loren A. Smith heard oral arguments upon the government’s motion to dismiss or for summary judgment on January 11, 2011 in Washington, D.C. Most of the argument dealt with our claim that we should be entitled to judgment in the amount of $6.8 million for the government breach of the contract concerning Western Heritage. We pointed out that Benj. Franklin is probably the only seized savings & loan which has a surplus. This means that all of the debts were paid by Benj. Franklin after the Western Heritage contract in 1985 or by FDIC as Receiver for Benj. Franklin after seizure. The government never lost any money in the transaction. The government responded that we were arguing the legal theory of restitution, which did not allow such a payment. Judge Smith took the case under advisement and promised to give careful consideration to the oral argument. This remains an uphill struggle, but we are fighting hard for the shareholders since we believe our legal position is correct. I did most of the argument, but received important help from Eric Bloom of the Washington, D.C. law firm of Winston & Strawn. Richard A. Green, one of the original plaintiffs when we filed this case in September, 1990, was present to be re-introduced by Judge Smith.” |
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