U.S. Court of Federal Claims Opinions
Updated: 9 months 1 week ago
Filed 10/04/2013
Denial of protective order; Fees and costs under RCFC 37; Opportunity to be heard;
Plaintiff’s motion for protective order was not “substantially justified”; No circumstances make an award unjust; Attorney’s fees awarded. Signed by Judge Allegra.
Filed 10/04/2013
Subject-matter jurisdiction Signed by Judge Block.
Filed 10/04/2013
Subject-matter jurisdiction Signed by Judge Block.
Filed 10/04/2013
Pre-award bid protest; Subject-matter jurisdiction; Ripeness; Standing; Mootness Signed by Judge Block.
Filed 10/04/2013
Motion to dismiss; Subject-matter jurisdiction; Sovereign immunity; Indian trust Signed by Judge Block.
Filed 10/02/2013
Overtime pay case; Motion to dismiss under RCFC 12(b)(1); Fathauer; Statute of limitations – 28 U.S.C. § 2501; Back Pay Act does not alter six-year statute of limitations; Equitable estoppel – OPM v. Richmond; Claims beyond statutory period dismissed. Signed by Judge Allegra.
Filed 10/01/2013
Pre-award bid protest; GSA Federal Supply Schedules; government-wide acquisition contract; task order solicitation; FASA protest prohibition, 41 U.S.C. § 4106(f); no jurisdiction over protest of selection of task order vehicle to obtain help desk services. Signed by Judge Wolski.
Filed 09/30/2013
Fifth Amendment Takings; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Stabilization Doctrine; Justifiable Uncertainty. Signed by Judge Horn.
Filed 09/30/2013
Contract Disputes Act, 41 U.S.C. §§ 601–13 (now codified at 41 U.S.C. §§ 7101–09); Federal Acquisition Regulations 48 C.F.R. pt. 31 (Contract Cost Principals and Procedures);
48 C.F.R. subpt. 31.2 (Contracts with Commercial Organizations); 48 C.F.R. § 52.233-1 (Disputes); 48 C.F.R. § 52.216-7 (Allowable Cost and Payment); Jurisdiction (RCFC 12(b)(1)); 15 U.S.C. § 638(a)–(e) (Small Business Innovation Research Program). Signed by Judge Braden.
Filed 09/30/2013
Administrative Procedure Act, 5 U.S.C. § 706; Contract Disputes Act, 41 U.S.C. § 7103; Declaratory Relief Act, 28 U.S.C. § 2201; Duty of Good Faith and Fair Dealing; Federal Acquisition Regulation, 2.101 (contract modification); 43.103(a) bilateral contract modification); 49.001 (settlement agreement); 49.107 (audit of settlement proposals); 52.249-2(a) (termination for convenience of the Government –fixed price); Small Business Act, 15 U.S.C. § 637(a)(1)(B); Motion to Dismiss,
RCFC 12(b)(1) (lack of subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim). Signed by Judge Braden.
Filed 09/30/2013
Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; 28 U.S.C. § 2501 Signed by Judge Braden.
Filed 09/30/2013
Timber Sale Contract; Summary Judgment; Futility of Trial; Effective Termination Date; Compensation for Termination of Timber Sale; RCFC 30(b)(6). Signed by Judge Williams.
Filed 09/30/2013
Judicial pay; Judicial COLAs; Bankruptcy judges; 28 U.S.C. § 153(a); Beer v. United States. Signed by Judge Bruggink.
Filed 09/30/2013
Pre-Award Bid Protest; Preliminary Tasks Set Forth in the Solicitation As “Special Contract Conditions” Which Will Occur Before a Task Order Issues Under the Contract Are Not Contract Performance and Are Not Improper. Signed by Judge Bush.
Filed 09/27/2013
Motion to Certify Court Order for Interlocutory Review; 28 U.S.C. § 1292(d)(2); Timeliness of Motion; Factors to be Considered; Whether a Novel and Controlling Issue is Presented; Whether a Fuller Record After Trial Would Aid Appellate Review; Whether an Immediate Appellate Review Would Materially Advance the Termination of the Litigation. Signed by Judge Wheeler.
Filed 09/25/2013
Post-award bid protest; best-value negotiated procurement conducted under FAR Part 15; a procurement official’s discretion to seek clarification of minor or clerical errors in offers; FAR § 15.306(a)(2); abuse of discretion Signed by Judge Lettow.
Filed 09/23/2013
Failure to state a claim; Implied covenant of good faith and fair dealing; Leave to amend a complaint Signed by Judge Block.
Filed 09/20/2013
Tax Refund Suit; STARS Structured Transaction Between BB&T Bank and Barclays Bank; Availability of Foreign Tax Credits From Payment of United Kingdom Taxes; Deductions for Interest and Transaction Costs; Economic Substance Doctrine Applied to Trust and Loan Components of Transaction; Assessment of Penalties. Signed by Judge Wheeler.
Filed 09/20/2013
Copyright Infringement; Measure of Damages for Postal Service’s Use of Copyrighted Image on Postage Stamp; 28 U.S.C. § 1498 (b); 17 U.S.C. § 504; Zone of Reasonableness Based Upon Evidentiary Record. Signed by Judge Wheeler.
Filed 09/18/2013
Post-Award protest; Responsibility evaluation;
Discussions; Responsiveness; Equality of evaluations. Signed by Judge Merow.
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