U.S. Court of Federal Claims Opinions
Updated: 9 months 1 week ago
Filed 11/27/2013
Pre-award bid protest; Cross-motions for judgment on the administrative record; ID/IQ contract for marine boatyard services; Bannum – standard of review; FAR § 15.306(d) – meaningful discussions; Agency did not abuse its discretion in conducting discussions and in failing to reopen discussions; Agency did not engage in unequal treatment in evaluating the reasonableness of prices. Signed by Judge Allegra.
Filed 11/25/2013
Trial; Contract Disputes Act; Special Plea in Fraud; Forfeiture; False Claims Act; Spoliation. Signed by Judge Horn.
Filed 11/22/2013
Limited Remand for Recalculation of Lost Profits Damages for Contract Breach. Signed by Judge Horn.
Filed 11/22/2013
Bid Protest; HUBZone Act, 15 U.S.C. § 657a; Rivers and Harbors Act, 33 U.S.C. § 624; FAR 52.219-4; Harmonizing Statutes; No Prejudice to Party Not Eligible for Award Under § 624(a)(2) Signed by Judge Firestone.
Filed 11/22/2013
Takings/contract case; Motion to dismiss for lack of subject matter jurisdiction – RCFC 12(b)(1); 28 U.S.C. § 1500; “Assignee”; Members of associations were not assignees for purposes of section 1500; Tohono O’odham; Same operative facts – concept examined; Comparison to jurisprudence under Rules 13, 15 and 20 of the Federal Rules of Civil Procedure; Four tests – elements enumerated; Issues of fact and law; Role of res judicata; Substantially the same evidence; Logical relationship; Claims in district court did not involve substantially the same operative facts as takings claim, but did have substantially the same operative facts as contract claim; Section 1500 applicable, in part. Signed by Judge Allegra.
Filed 11/21/2013
The Act of June 15, 1917 (authorizing war-time expropriation of property and payment of just compensation); U.S. Const. amend. V; Pro Se; 18 U.S.C. Section 1839(3) (federal "trade secrets"); 28 U.S.C. Section 1498(a) (jurisdiction re: patent infringement by the federal government); 28 U.S.C. Section 2501 (statute of limitations); 28 U.S.C. Section 2502(a) (the "reciprocity Act"); RCFC 12(b)(1) (lack of subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim). Signed by Judge Braden.
Filed 11/21/2013
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Waiver; Motion for Judgment on the Administrative Record; RCFC 52.1; 37 U.S.C. § 204; 10 U.S.C. § 1201; RCFC 52.2 Signed by Judge Campbell-Smith.
Filed 11/19/2013
Post-judgment request for attorney’s fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); justification for the government’s posture in the case Signed by Judge Lettow.
Filed 11/15/2013
Claim by discharged Navy veteran for reinstatement and back pay; denial of relief
by the Board for Correction of Naval Records on remand from the court; Military
Pay Act, 37 U.S.C. § 204(a); sufficiency of evidence of ingestion of cocaine; alleged ineffective assistance of counsel in a proceeding before an Administrative
Discharge Board; criteria governing performance of counsel Signed by Judge Lettow.
Filed 11/15/2013
Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); Student Loan Repayment Program; Back Pay Act Signed by Judge Wheeler.
Filed 11/14/2013
Partial Breach of Standard Contract for Disposal of Spent Nuclear Fuel; Damages; Foreseeability; Causation; Allocation of Settlement Proceeds; Recovery of Lobbying Costs; and Recovery of Litigation Costs. Signed by Judge Merow.
Filed 11/14/2013
28 U.S.C. § 1500; 28 U.S.C. § 1491; subject matter jurisdiction. Signed by Judge Damich.
Filed 11/14/2013
Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.
Filed 11/12/2013
Claims for refund of income tax; application of I.R.C. § 7422(a), the full payment rule, and the “look back” provisions of I.R.C. § 6511(b); penalties imposed under I.R.C. § 6702 Signed by Judge Lettow.
Filed 11/08/2013
RCFC 12(b)(6); Tax Refund Suit; Economic Reality; No Funds on Which Instrument Draws; Redemption Theory Signed by Judge Sweeney.
Filed 11/08/2013
Post-Award Bid Protest; Cloud Computing Services Contract; Agency Corrective Action Following GAO Decision; No Prejudice to Party Lacking Any Chance of Contract Award; Reopening of Competition Unnecessary. Signed by Judge Wheeler.
Filed 11/05/2013
Bid Protest; CICA stay override; 31 U.S.C. § 3553. Signed by Judge Bruggink.
Filed 11/05/2013
Motion to strike class allegations; motion to dismiss; American Pipe class action tolling; anti-stacking rule; statute of limitations; avigation easement takings claims. Signed by Judge Wolski.
Filed 11/04/2013
Motion for Hearing; Motion for Briefing; Motion for Appointment of Special Master; RCFC 52(b); RCFC 59; Res Judicata Signed by Judge Sweeney.
Filed 10/31/2013
Ripeness; Standing; 28 U.S.C. § 1498(a) (waiver of sovereign immunity and jurisdiction re: certain patent infringement claims); 28 U.S.C. § 1498(c) (patent claims arising abroad); 28 U.S.C. § 1631 (transfer to cure want of jurisdiction); 35 U.S.C. § 154(a)(1) (content and term of a patent); 35 U.S.C. § 271(a) (liability for patent infringement as to the use, an offer to sell, or sales within the United States and imports thereto); 35 U.S.C. § 271(b) (inducing patent infringement); 35 U.S.C. § 271(c) (contributory infringement); 35 U.S.C. § 271(f) (infringement for exporting components of patented invention); RCFC 7.1 (Disclosure Statement); RCFC 12(b)(1) (Motion to Dismiss). Signed by Judge Braden.
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