U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 01/18/2012
Defense Appropriation Act, Pub. L. No. 107-107; Implied Covenant of Good Faith and Fair Dealing; Offer; Option; Patent Ambiguity of Contractual Terms Signed by Judge Braden.
Filed 01/18/2012
Defendant’s Motion to Compel Discovery; Tax Reserve Information; Work Product Doctrine; Waiver; Tax Practitioner Privilege; Attorney-Client Privilege; Non-Legal Advice; Purely Legal Advice; Advice Given in a Non-Legal Capacity; Quick Peek Procedure. Signed by Judge Wheeler.
Filed 01/18/2012
Competition In Contracting Act, 31 U.S.C. § 3553; For Reconsideration; Override. Signed by Judge Braden.
Filed 01/18/2012
Post-award bid protest; Second award of contract following court order enjoining performance of earlier-awarded contract; Standard of review – Bannum; Agency’s failure to address impact of awardee’s performance of the enjoined contract; Waiver – Blue and Gold; Failure to follow RFP evaluation scheme; Modification of evaluation scheme on reprocurement; Prejudice lacking; Failure to conduct meaningful discussions; Alleged flaw in agency’s technical evaluations; Evaluation of professional services clause (FAR § 52.222-46); Best value determination; Protest rejected. Signed by Judge Allegra.
Filed 01/18/2012
U.S. Postal Service contract; Motion for summary judgment; RCFC 56 – standard for review; Termination for default; Defendant established that termination for default was proper; Supporting termination on less than the original number of grounds; Failure to provide required insurance coverage; Motion granted. Signed by Judge Allegra.
Filed 01/17/2012
Contractor’s Claim under Non-CDA Disputes Clause; CO’s Failure to Issue Timely Final Decision; Material Breach of Disputes Clause; Contractor Not Required to Exhaust Administrative Remedies; NAFI Entity. Signed by Judge Wheeler.
Filed 01/17/2012
Bid Protest; 28 U.S.C. 1491(b)(1); Contract Modification; Competition in Contracting Act (CICA), 41 U.S.C. § 3301; AT&T Comm’ns v. Wiltel, Inc., 1 F.3d 1201 (Fed. Cir. 1993); Claim Related to Responsibility Determination Dismissed as Moot. Signed by Judge Firestone.
Filed 01/17/2012
Breach of Contract Claim; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 41 U.S.C. § 7103(c)(2); Jurisdiction; Government as De Facto Plaintiff; Motion to Dismiss Counterclaims; for Convenience Signed by Judge Hodges.
Filed 01/13/2012
Pro Se; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Hewitt.
Filed 01/12/2012
Jurisdiction; Fifth Amendment taking; illegal exaction; promissory note Signed by Judge Bruggink.
Filed 01/10/2012
Takings; regulatory taking; summary judgment; denial of application for fill permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. § 1344 (2006); determination of whether defendant has established under RCFC 56 that plaintiff can show no regulatory taking based on Penn Central analysis. Signed by Judge Miller, C..
Filed 01/10/2012
Taxes, jurisdiction over tax refund claim, 26 U.S.C. § 7422(e), Court loses jurisdiction over claim asserted in Tax Court Signed by Judge Margolis.
Filed 01/09/2012
Post-award bid protest; standing; contents of the administrative record. Signed by Judge Merow.
Filed 01/09/2012
DTaP Vaccination; Vaccine Injury Table; Table Encephalopathy; Acute Encephalopathy; Pre-Vaccination Evidence of Injury Signed by Judge Damich.
Filed 01/09/2012
Post-Award Bid Protest; Disparate Treatment of Offerors; Irrational Evaluation Ratings; Flawed Tradeoff Analysis; Injunctive Relief. Signed by Judge Bush.
Filed 01/06/2012
Pro se; motion to dismiss; RCFC 12(b)(1); Tucker Act; 28 U.S.C. § 1491; state officials; breach of contract Signed by Judge Damich.
Filed 01/06/2012
Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record Signed by Judge Hewitt.
Filed 01/05/2012
Taxes; Section 530 of the Revenue Act of 1978 “safe haven”; proof of timely delivery; physical delivery rule; 26 U.S.C. § 7502 exceptions to physical delivery rule; common law mailbox rule. Signed by Judge Margolis.
Filed 01/05/2012
Taxes; admissibility of depositions at trial; timeliness; exceptional circumstances Signed by Judge Margolis.
Filed 01/04/2012
The U.S. Court of Federal Claims is Without Jurisdiction to Review or Award Damages With Respect to an Administrative Decision of the U.S. Department of Education; Rule 12(b)(1); Transfer of the Case Not Appropriate; 28 U.S.C. § 1631 Signed by Judge Hewitt.
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