U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 05/19/2011
Vaccine Act; Dravet Syndrome; factor unrelated to the administration of the vaccine; vaccine as substantial cause of injury; evidence of brain damage. Signed by Judge Margolis.
Filed 05/17/2011
Amended Pleadings, RCFC 15(a); Damages for Partial Breach of Contract; Supplemental Pleadings, RCFC 15(d). Signed by Judge Braden.
Filed 05/16/2011
Vaccine case; Petition for review; RCFC 60 – motion for relief from judgment; RCFC 17(c) – guardian ad litem and next friend; RCFC 60(b)(4) – void judgment; Failure to appoint petitioner’s parents as guardians ad litem did not render prior judgment void; RCFC 60(b)(6) – other reasons that justify relief; No showing that parents ineffectively represented their son; RCFC 60(c)(1) – timeliness of motion; Motion for review denied. Signed by Judge Allegra.
Filed 05/16/2011
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 -300aa-34; Omnibus Autism Proceeding; Pro se Litigants; Review of Decisions by the Special Masters, 42 U.S.C. § 300aa-12(e); Vaccine Table, 42 U.S.C. § 300aa-14(a). Signed by Judge Braden.
Filed 05/14/2011
Motion in Limine to Exclude Trial Testimony; Attorney-Client Privilege; Work Product Doctrine Signed by Judge Horn.
Filed 05/13/2011
Cross-Motions for Summary Judgment; Income Tax Refund; Tax Consequences of the Sale of Ernst & Young’s Consulting Services Business to Cap Gemini in Exchange for Cap Gemini Stock; Danielson Rule; Constructive Receipt Signed by Judge Sweeney.
Filed 05/11/2011
Post-award bid protest; Coast Guard tailoring services contract; great deference for technical and past performance evaluations; relevance of past performance; individual evaluators’ views; discussions ignoring price; best value tradeoff; explanation of responsibility determination unnecessary; bias and bad faith unproven; management not an evaluation factor; not an “essay-writing contest.” Signed by Judge Wolski.
Filed 05/11/2011
Motion to Intervene Pursuant to RCFC 24; Intervention Denied as Untimely Signed by Judge Hewitt.
Filed 05/11/2011
Tax Refund Claim; Lack of Subject Matter Jurisdiction; Tax Returns Submitted With Zeros Instead of Dollar Amounts Do Not Constitute Valid Administrative Claims to the IRS; No Jurisdiction of Claims Against California Franchise Tax Board Signed by Judge Wheeler.
Filed 05/09/2011
Causation In Fact; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-10, et seq.; Standard of review, 42 U.S.C. § 300aa-12(e)(2)(B). Signed by Judge Braden.
Filed 05/06/2011
Certification Signed by Judge Horn.
Filed 05/06/2011
Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted; Claim for Postal Reward; Breach of Implied-in-Fact Contract; Unilateral Contract; 39 U.S.C. § 404(a)(8) (2000) (Rewards); 39 C.F.R. § 233.2(b) (2001) (Rewards) Signed by Judge Horn.
Filed 05/06/2011
Tax refund case; unemployment taxes; I.R.C. § 6672; corresponding later-filed collection action pending in district court; motion for stay; cross-motion for injunction; application of I.R.C. § 6331(i); factors bearing on injunctive relief Signed by Judge Lettow.
Filed 05/06/2011
Discovery; Motion to Compel; Not Overbroad despite Omnibus Phrases; Attorney-Client Privilege; Communication to Third Party; Agent of Counsel; Representative of Client; Waiver re Expert Witness; Deliberative Process Privilege Signed by Judge Damich.
Filed 05/06/2011
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Scope of Easement; Federal Board’s Notice of Interim Trail Use Blocked Reversion to Fee Simple Landowners Under Massachusetts Law; Railbanking; Abandonment. Signed by Judge Wheeler.
Filed 05/06/2011
Bid Protest; Motion to Compel the Production of Documents to Supplement the Administrative Record Signed by Judge Hewitt.
Filed 05/04/2011
Motion for Partial Summary Judgment; Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219 (2006); Motion to Strike Portions of Testimony Signed by Judge Hewitt.
Filed 05/04/2011
Bid Protest; 28 U.S.C. § 1491(b)(1); In-Sourcing Decision Made “in connection with a procurement”; Contract-holder an “Interested Party” with Standing to Challenge In-Sourcing Decision; Prudential Standing Does Not Apply to Bid Protests; 10 U.S.C. § 129a; 10 U.S.C. § 2463; Ike Skelton National Defense Authorization Act for Fiscal Year 2011, 124 Stat. 4127, 4184. Signed by Judge Firestone.
Filed 05/04/2011
Post-Award Bid Protest; Motion for Judgment on the AR; Evaluation of Past and Present
Performance; Price Reasonableness; Meaningful Discussions; Permanent Injunction; Success on the Merits Signed by Judge Williams.
Filed 05/03/2011
Cross-Motions for Summary Judgment; RCFC 56; Income Tax Refund; I.R.C. § 6401(a); Improper Assessment and Collection; I.R.C. § 6213(a); Notice of Deficiency; I.R.C. § 6503(a); Presumption of Official Regularity. Signed by Judge Hodges.
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