U.S. Court of Federal Claims Opinions
Updated: 9 months 1 week ago
Filed 07/12/2013
Cooperative Research and Development Agreement;
Foreign Sovereign Immunities Act of 1976, Pub. L. No. 94-583, 90 Stat. 2891; Motion to Dismiss, RCFC 12(b)(1); Stevenson-Wydler Technology Innovation Act of 1980, codified as amended at 15 U.S.C. §§ 3701-22 (2006); 35 U.S.C. § 41(c) (delayed payment of patent maintenance fees); 37 C.F.R. § 1.378(b) (same); 10 C.F.R. § 782 (patent infringement claims against the Department of Energy); RCFC 12(f)(1) (striking text from a pleading); RCFC 19(a)(1) (joinder); RCFC 56 (summary judgment). Signed by Judge Braden.
Filed 07/09/2013
Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1(c); Best Value Evaluation; Organizational Conflict of Interest; Corrective Action Signed by Judge Hewitt.
Filed 07/08/2013
Motion for Reconsideration; Recovery of Interest for Permanent Taking of Non-Exclusive Easement Under Fifth Amendment; Determination of the Starting Date for Calculation of Interest. Signed by Judge Wheeler.
Filed 07/03/2013
Subject Matter Jurisdiction; Claim Under Traumatic Injury Act, 38 U.S.C § 1980A; Statutory Provision Designating District Court Jurisdiction; Sua Sponte Transfer to a Court of Appropriate Jurisdiction, 28 U.S.C. § 1631. Signed by Judge Wheeler.
Filed 07/03/2013
Granting Motion to Dismiss for Lack of Jurisdiction; Claim for Refund for Tax Year as to Which Plaintiff Received a Notice of Deficiency and Filed a Petition in the Tax Court; I.R.C. § 6512(a) Signed by Judge Hewitt.
Filed 07/02/2013
Post-award protest of a procurement award by the Defense Information Systems Agency for satellite communications services; alleged unequal treatment of offerors; FAR
8.405-2(c)(3)(iii)(C); standing Signed by Judge Lettow.
Filed 06/28/2013
Tax refund; statute of limitations; presumption of timely filing. Signed by Judge Bruggink.
Filed 06/27/2013
Fifth Amendment Taking; Rails-to-Trails; 16 U.S.C. § 1241 et seq.; Just Compensation; Valuation; Severance Damages; Buffering; Berming; Cost to Cure; Loss of Access. Signed by Judge Williams.
Filed 06/26/2013
Fifth Amendment Taking and Illegal Exaction Claims; Motions to Dismiss Shareholder Derivative Action Due to Corporation’s Refusal of Plaintiff’s Demand Under RCFC 23.1; Application of Business Judgment Rule Under Delaware Law; Waiver of Demand Futility Argument by Making Demand; Independence of Board Members Appointed During Government Control; Whether Counsel Advising Corporation Had Conflict of Interest; Standing to Bring Direct Claims. Signed by Judge Wheeler.
Filed 06/25/2013
MEMORANDUM OPINION AND ORDER Signed by Judge Firestone.
Filed 06/24/2013
Fifth Amendment Taking; Inverse Condemnation; Statute of Limitations; Erosion; Mitigation; Dickinson principle; Mildenberger; Banks; Applegate Signed by Judge Hodges.
Filed 06/24/2013
Tribal trust case; Trial; Standard of review; Cheyenne-Arapaho Tribes – statutes give rise to fiduciary obligation to maximize trust income by prudent investment; Breach of trust – investment decisions; Underinvestment – investing in short-term investments/lack of diversification; Liquidity; Pooling; Unauthorized disbursements; Deposit lag; Negative interest; Damages; Standard for damages for breach of trust; Use of investment modeling techniques; Evaluation of hypothetical portfolios; Damages determined for period of suit; No damages awarded for period from 1992 to present; Damages for breach of trust; Damages for deposit lag. Signed by Judge Allegra.
Filed 06/21/2013
Rails-to-Trails; Crossing Rights; National Trails System Act; Trail Use Agreements; Whether State Law Property Rights Pre-empted Signed by Judge Damich.
Filed 06/18/2013
Jurisdiction Under 28 U.S.C. § 1291(b)(1) and (2); Contract Awardee Challenges Price; Terms of Contract Signed by Judge Firestone.
Filed 06/13/2013
10 C.F.R. pt. 171 (Nuclear Regulatory Commission fees);
RCFC 16(b)(4) (modification of scheduling orders). Signed by Judge Braden.
Filed 06/13/2013
Prison Mailbox Rule Applicable to Filing of Incarcerated Plaintiffs' Pro Se Complaint Signed by Judge Hewitt.
Filed 06/12/2013
Post-Award Bid Protest; Claims by Incumbent Contractor of Improper Technical Evaluation of Proposals, Unequal Discussions, Improper Price Realism Analysis, and Flawed Best Value Analysis Signed by Judge Hewitt.
Filed 06/11/2013
Compensation Clause of Article III; damages; prejudgment interest; deductions;
Federal Employees’ Group Life Insurance Program; tax withholdings. Signed by Judge Bruggink.
Filed 06/07/2013
Government Patent Infringement, 28 U.S.C. §1498(a); Standing; 35 U.S.C. § 281. Signed by Judge Damich.
Filed 06/07/2013
EAJA, 28 U.S.C. § 2412(d)(1)(A); substantial justification. Signed by Judge Damich.
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