Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. § 7103; No Standing Claims Arising from Subcontracts.
Keywords: re: Order on Motion for Reconsideration; Reported Opinion; Rule 59(a)(1); Fifth Amendment Taking; National Trails System Act, 16 U.S.C. § 1241 et seq.; Severance Damages; Loss of Access; Sufficient Support for Expert Opinion; Proper Scope of Expert Opinion; Fed. R. Evid. 702; Post-Trial Admission of Deposition; Fed. R. Civ. P. 32.
Keywords: re: Administrative Procedure Act, 5 U.S.C. §§ 70106 et seq.; Competition in Contracting Act,41 U.S.C. § 3301 et seq.;Cooperative Farming Agreements; Cooperative Land Management,50 C.F.R. § 29.2 (1960); Exec. Order. No. 12,996 (61 FED. REG. 13,647 (Mar. 25, 1996));Federal Grant and Cooperative Agreement Act, Pub. L. No. 95-224, 92 Stat. 3 (1978), codified, as amended, 31 U.S.C. §§ 630108;Fish and Wildlife Act, Pub. L. No. 84-1024, 70 Stat. 1120 (1956);Fish and Wildlife Coordination Act, Pub. L. No. 73-121, 48 Stat. 401 (1934), codified, as amended, at 16 U.S.C. §§ 661667e;Fish and Wildlife Coordination Act, Pub. L. No. 85-624, 72 Stat. 563 (1958), codified at 16 U.S.C. § 661;Judgment on the Administrative Record;Jurisdiction;National Wildlife Refuge System Administration Act, Pub. L. No. 89-669, 80 Stat. 927 (1966), codified, as amended, at 16 U.S.C. § 668dd;National Wildlife Refuge System definitions (50 C.F.R. § 25.12 (1960));National Wildlife Refuge System Improvement Act, Pub. L. No. 105-57, 111 Stat. 1252 (1997);National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act, Pub. L. No. 105-242, 112 Stat. 1574 (1998), codified, as amended, at 16 U.S.C. §§ 742a, 742f; National Wildlife Refuge Volunteer Act, Pub. L. No. 108-327, 118 Stat. 1271 (2004);Public Law No. 79-732, 60 Stat. 1080 (1946);Public Law No. 80-537, 62 Stat. 240 (1948);RCFC 37(c) (Failure to Disclose, to Supplement an Earlier Response).
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion; Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 7101-09; 48 C.F.R. § 2.101 Claim; Contracting Officers Final Decision; Failure to Appoint a Replacement Contracting Officer.
Keywords: re: Application by a prevailing plaintiff for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; no substantial justification for the government's position; hourly rates; expenses; bond premiums as expenses. (EB)
Keywords: re: Pro Se; Subpoena Duces Tecum; RCFC 56(d) (when discovery is required to defeat a motion for summary judgment).
Keywords: re: Post-award Bid Protest; Best-Value Negotiated Procurement conducted under FAR Part 15; FAR 15.305; FAR 15.308 Motion to Dismiss; RCFC 12(b)(1); Standing; Tradeoff
Keywords: re: Order on Motion for Leave to File, Order on Motion to Strike, Order on Motion to Compel, Reported Opinion. Patent case; discovery dispute; attorney-client privilege; work-product protection; claw-back request; RCFC 26(b)(5)(B); Fed. R. Evid. 502(b); compelled production of documents from an affiliated nonparty foreign corporate entity that joined with the party in development of the allegedly infringing product; discovery related to nonaccused products
Keywords: re: Bid Protest; Jurisdiction; Task Orders, Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e). (ajh) Modified on 7/21/2014 (jt1).
Keywords: re: Order on Motion for Summary Judgment, Reported Order.Patents; Means-plus-function limitations; 35 U.S.C. § 112; Indefiniteness.
Keywords: re: Order on Motion to Stay, Reported Order: Tax Case; Treasury Cash Grant; Rule 56(d) Request for Discovery; When to Allow Discovery and Stay Motion for Summary Judgment; Theisen Vending Test; Sale-leaseback Agreement.
Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Whether the GAO Decision was Rational.
Keywords: re: Time for filing expert rebuttal reports where a scheduling order issued by the court does not specify a time; RCFC 26(a)(2)(D)(ii); exercise of judicial discretion.
Keywords: re: Eichleay damages; Field overhead damages; Home office overhead damages; Contract Disputes Act; Summary judgment.
Keywords: re: Military Pay Act, 37 U.S.C. § 204; Judicial Review of Military Decisions; DoDI 1241.2; Extended Active Duty; DoDI 6485.01; Human Immunodeficiency Virus (HIV); Disability Evaluation System (DES); Constructive Service Doctrine; Unauthorized Acts by Government Agents(dls) Modified on 7/22/2014 (jt1).
Keywords: re: Bid protest; Small Business Set-Asides; Statutory Construction; Rule of Two. (md) Modified on 7/21/2014 (jt1).
Keywords: re: Reported Opinion and Order Pro Se; Lack of Subject Matter Jurisdiction; Transfer in the Interest of Justice under 28 U.S.C. § 1631. (dls) Modified on 7/11/2014 (jt1).