Finding a breach of the implied covenant of good faith and fair dealing in deal in which Federal Government induced successful banks to acquire failing thrifts by furnishing them with tax benefits for so doing but subsequently passed legislation preventing the banks from obtaining any tax benefit from having acquired the failing thrifts
944 F. Supp. 2d 460 (E.D. Va. 2013) Cited 54 times
Holding that the Fourth Circuit "has consistently held that Virginia does recognize an implied duty of good faith and fair dealing in common law contracts"
Observing in dicta that “because the Supreme Court has rejected the application of the doctrine of in pari delicto in antitrust actions, an agreement may be challenged even by one of the parties who has acquiesced in the unlawful agreement”
In Bangor, the Company merely gave administrative reasons why it had accepted the settlement, such reasons having little if any effect on the substantive portion of the agreement.
In News-Texan, Inc. v. N.L.R.B., 422 F.2d 381 (5th Cir. 1970), the court found noncompliance with a settlement agreement when the side notice "was calculated to decimate the crucial terms of the settlement."