Hansen Bancorp, Inc. v. United States’s Empirical Analysis

Citation profile

1 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although this court heretofore has not been called upon to characterize the Government’s breach, it nevertheless has found that the supervisory goodwill promise was “essential” to that agreement. Similarly, although the Supreme Court in Winstar did not have occasion to characterize the breach according to any particular damages theory, it also held that the goodwill treatment was “essential to supervisory merger transactions of the type at issue in [that] case”.... Winstar held that the repudiation of the supervisory goodwill promise breached an express agreement to allow such goodwill, or, at least, to carry the risk of loss with respect to the plaintiffs’ goodwill accounting treatment. The result of the Government’s repudiation of goodwill accounting treatment was substantial and devastating, characterized by the Court as “swift and severe.” Indeed, the Court observed that Congress’s express intent in passing FIR-REA was to “abrogate” or “renege” on the contracts entered into by FSLIC. FIRREA “had the substantial effect of releasing the Government from its own contractual obligations.” The Federal Circuit also has described the contractual obligation of goodwill accounting treatment as one of “substantial value” for plaintiffs. Although eschewing the term “total” or “substantial” breach, the Supreme Court and Federal Circuit in Winstar effectively ruled that the Government abrogated its responsibility to allow supervisory goodwill, that this abrogation made it impossible fo”

   1 later decision quote this exact passage · from the dissent
   e.g. Hansen Bancorp, Inc. v. United States

2. “(1) Subject to the rule stated in Subsection (2), on a breach by non-performance that gives rise to a claim for damages for total breach ... the injured party is entitled to restitution for any benefit that he has conferred on the other party by way of part performance or reliance. (2) The injured party has no right to restitution if he has performed all of his duties under the contract and no performance by the other party remains due other than payment of a definite sum of money for that performance.”

   1 later decision quote this exact passage
   e.g. Hansen Bancorp, Inc. v. United States

3. “in having restored to him any benefit that he has conferred on the other party”

   1 later decision quote this exact passage
   e.g. Hansen Bancorp, Inc. v. United States