Keywords: re: Opinion Contract; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Unsigned contract; Cooperative agreement; Detrimental reliance.(si) Modified on 9/29/2014 (jt1).
Keywords: re: Opinion Trial; Settlement agreement; No breach of contract; Contract interpretation; Incorporation of ATF Orders; Covenant of good faith and fair dealing; Parameters; Metcalf covenant may be breached even if there is no breach of the underlying contract; Withdrawal of backstopping; Inadequate responses to threats; Damages; Recovery for emotional distress, as well as pain and suffering; Restatement (Second) § 353; Counterclaim; No breach of employment contract in publishing and promoting book; Snepp; Waiver. (si) Modified on 9/29/2014 (jt1).
Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Jurisdiction; Contract Disputes Act; 41 U.S.C. §§ 71017109; Summary Judgment; RCFC 56; Breach of Contract; Impossibility; Impracticability; Mutual Mistake; Unconscionability; Mitigation of Damages; Failure to Raise Defense with Contracting Officer.
Keywords: re: REDACTED OPINION: Bid Protest; Motions for Judgment on the Administrative Record; Patent Ambiguity; Technical Evaluation; Best Value.
Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion, Reported Order: immigration bond; 8 C.F.R. 103.6(c)(3); bond breach; substantial performance; remand
Keywords: re: Reported Opinion, Wrongful termination claim by former Lieutenant Commander in the Public Health Service Commissioned Corps; termination set aside; determination of back pay and allowances due; 37 U.S.C. § 204; reinstatement; final judgment.
Keywords: re: Reported Opinion, Post-trial decision in contract case; termination for default; reprocurement; liquidated damages
Keywords: re: Reported Opinion and Order. Pre-Award Bid Protest; Supplementation of the Administrative Record Not Appropriate; Rational Rejection of Protestor's Bid for Failure to Provide Valid Proof of Zoning; No Evidence of Disparate Treatment of Offerors.
Keywords: re: Bid Protest; Federal Supply Schedule; FAR 8.4053; Blanket Purchase Agreement; Necessity to hold FSS contract; Balance of Equities Weighs in Favor of Injunction.
Keywords: re: Motion to Dismiss, RCFC 12(b)(1); Subject Matter Jurisdiction; Settlement Agreement Pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e; Cunningham v. United States, 748 F.3d 1172 (Fed. Cir. 2014); Holmes v. United States, 657 F.3d 1303 (2011); Law-of-the-Case Doctrine; 28 U.S.C. § 1631
Keywords: re: Pro Se; Rule(b)(1); Lack of Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Tort Claims; Punitive Damages; Informant Reward; Criminal penalties; Impeachment; Fifth & Sixth Amendments; takings: Frivolusness, 28 U.S.C. ss 1915; Interest; Attorneys' Fees; Travel Expenses; Costs
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contracts Disputes Act, 41 U.S.C. § 7104 (b); Government Claim; Failure to Appeal Default Termination Within 12 months.
Keywords: re: Patent Infringement Case; RCFC 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 56(a) Motion for Summary Judgment.
Keywords: re: Reported Opinion : 28 U.S.C. 1498; RCFC 12(b)(1); 28 U.S.C. 1500; Claim Against the United States or Its Proxy; Pending in Another Court; Cause of Action Alleged; Patent Infringement
Keywords: re: Reported Opinion : Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Small Business Administration (SBA); Responsibility; Certificate of Competency (COC); Adequate Financial Resources or Ability to Obtain Them; FAR 9.104-1(a); FAR 9.104-3(a)
Keywords: re: Contracts; Contracts Act, 41 U.S.C. § 6305, Prohibition of assignment of contracts with the federal government.
Keywords: re: Reported Opinion: Contract case; Breach of contract; Bid protest; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Contest; Breach of Contract; Bid Protest -- 1491(b)(2).