U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 03/14/2013
Rails-to-Trails Act; Fifth Amendment Takings; Notice of Interim Trail Use (NITU); Temporary Takings; End Date; Consummation of Abandonment; Railroad Property Rights; Calculation of Damages Signed by Judge Hodges.
Filed 03/14/2013
Stipulation in Bankruptcy Court; Lack of Subject Matter Jurisdiction; Contracts Entered Into by United States in Sovereign Capacity; Takings; Dismissal for Failure to State a Claim Signed by Judge Damich.
Filed 03/13/2013
RCFC 26(c); Protective Order; Motion for Access to Protected Information; Proprietary Information; Competitive Decision-Maker; Restricted Information; Export Controls Signed by Judge Hewitt.
Filed 03/12/2013
Post-Award Bid Protest; Standing Under 28 § U.S.C. 1491(b)(1); Interested Party; Substantial Chance of Award; Discussions Versus Clarifications; Agency Discretion to Exclude Offeror for Incomplete Proposal Signed by Judge Firestone.
Filed 03/12/2013
Collateral Estoppel; Law of the Case Doctrine; Mandate Doctrine; Mitigation Costs; Nuclear Waste Policy Act, 42 U.S.C. §§10101-10270 (2006); 10 C.F.R. Part 171 (NRC fees); 10 C.F.R. § 961.11, Art. VI B; V D (exchange rights); Fed. R. Evid. 702 (expert opinions); RCFC 26(a)(1)(A)(iii) (disclosure of damages); RESTATEMENT (SECOND) OF CONTRACTS (1981); RESTATEMENT (SECOND) OF JUDGMENTS (1982). Signed by Judge Braden.
Filed 03/11/2013
Post Award Bid Protest; Standing; Review of Agency Decision; Past Performance; Best Value Determination; Showing of Bias Signed by Judge Futey.
Filed 03/11/2013
Fifth Amendment and Illegal Exaction Claims; Certification of Class Action Under Rule 23 of the Court of Federal Claims; Appointment of Class Counsel. Signed by Judge Wheeler.
Filed 03/08/2013
Post-award Bid Protest; Supplementation of the Administrative Record; Nonresponsibility Determination; De Facto Debarment; Due Process; National Security; Disparate Treatment. Signed by Judge Williams.
Filed 03/08/2013
Post-Award Bid Protest; Cardinal Change Doctrine; Whether an Out-of-Scope Modification of the Awardee’s Contract Occurred; Laches. Signed by Judge Bush.
Filed 03/06/2013
Tax; Refund Suit, 26 U.S.C. § 7422 (2006); Additions to Tax, 26 U.S.C. §§ 6651(a)(2), 6654 (2006); No Reasonable Cause, or Other Statutory Provision, to Excuse Taxpayers from Tax Penalties. Signed by Judge Bush.
Filed 03/04/2013
Post-award bid protest; override of the CICA automatic stay, 31 U.S.C. § 3553(d); Defense Logistics Agency Troop Support; judgment on the administrative record, RCFC 52.1; Subsistence Prime Vendor contract; stay applies when result of corrective action is protested; Reilly’s Wholesale factors; no immediate threat to health, safety or welfare supports urgent and compelling circumstances determination; best interests determination running counter to evidence; reasonable alternative; irrational cost-benefit analysis; declaratory relief. Signed by Judge Wolski.
Filed 03/01/2013
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations; Breach of Contract; Fifth Amendment Taking; Intellectual Property. Signed by Judge Horn.
Filed 02/28/2013
10 U.S.C. § 620 (Active-duty lists); 10 U.S.C. § 641 (exceptions to Active-duty lists); 10 U.S.C. § 10211 (Reserve officer participation in preparation and administration); 10 U.S.C. § 14002(a) (Reserve active-status lists); Failure To State A Claim, RCFC 12(b)(6); Judgment On The Administrative Record, RCFC 52.1; Justiciability; MILPERSMAN 1001 (FTS Reserve Officers); Military Pay Act, 37 U.S.C. § 204 (2000); OPNAVINST 1427.1 (Regulations Governing Running Mates, Precedence, and Competitive Categories for Officers of the Navy Reserve); SECNAVINST 1400.1B (Officer Competitive Categories for the Active Duty List of the Navy and Marine Corps); SECNAVINST 1420.1B (Promotion, Special Selection, Selective Early Retirement, And Selective Early Removal Boards For Commissioned Officers Of The Navy And Marine Corps); SECNAVINST 1920.6C (Administrative Separation Of Officers); Tucker Act, 28 U.S.C. § 1491 (2006). Signed by Judge Braden.
Filed 02/28/2013
Contract damages; expectation damages; cost of cover; reasonableness of mitigation; foreseeability; causation of damages. Signed by Judge Miller, C..
Filed 02/28/2013
Contract damages; expectation damages; cost of cover; reasonableness of mitigation; foreseeability; causation of damages. Signed by Judge Miller, C..
Filed 02/28/2013
Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Rule of Two; Fair Proportion Analysis; Workforce Investment Act Signed by Judge Bruggink.
Filed 02/27/2013
Tax Refund Suit; Exercise of Stock Options; Applicability of Internal Revenue Code Section 409A Regarding Deferred Compensation Plans; Cross-Motions for Partial Summary Judgment; Material Fact Issues Requiring Trial. Signed by Judge Wheeler.
Filed 02/27/2013
Preliminary injunction; pre-award bid protest; small business set-aside; Plaintiff; GSA schedule contract task order; appeal of size determination pending before SBA’s Office of Hearing and Appeals; explicitly required size status recertification, 13 C.F.R. § 121.404(g)(3)(v) Signed by Judge Wolski.
Filed 02/27/2013
Fifth Amendment Taking; Closure of Waterway Outlet; Property Interest; Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; Rule 12(b)(6); LA. CIV. CODE ANN. art. 690, et seq.; Predial Servitude; Enclosed Estate; Regulatory Taking; Lack of Property Interest in Deep-Draft Access; Lack of Direct Regulation of Private Property. Signed by Judge Williams.
Filed 02/26/2013
Vaccine Act off-table case; Althen; DTaP; celiac disease; absence of plausible medical theory of causation; statements of treating physicians; document referenced in expert report as party admission; no appropriate temporal association without reputable explanation of mechanism. Signed by Judge Wolski.
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