U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 05/03/2011
Motion for Summary Judgment; RCFC 56(c); Requirements Contract; Indefinite Quantity Contract; Torncello v. United States; Federal Acquisition Regulations; Lack of
Mutuality of Intent and Consideration Unenforceable Agreement. Signed by Judge Smith.
Filed 05/02/2011
Motion in Limine to Exclude Expert Testimony Signed by Judge Horn.
Filed 05/02/2011
Protest of decision to cancel procurement; motion to supplement the administrative record; relevant information that was contained in the agency record for the procurement; completion of record so as not to frustrate effective judicial review. Signed by Judge Wolski.
Filed 04/29/2011
Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Failure to State a Claim Signed by Judge Horn.
Filed 04/29/2011
Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. §§ 6226, 6662; Jurisdiction to Apply Accuracy-Related Penalties in a Partnership Proceeding;
Outside Basis; Lack of Economic Substance. Signed by Judge Williams.
Filed 04/29/2011
Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); No Money-Mandating Source of Substantive Law; Criminal Allegations; Equitable Relief; Tort-Based Claims; Transfer Not in the Interest of Justice Signed by Judge Sweeney.
Filed 04/29/2011
Takings; denial of application for fill permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. § 1344 (2006); jurisdiction; ripeness. Signed by Judge Miller, C..
Filed 04/29/2011
Vaccine Program; Influenza Vaccine; Transverse Myelitis: Vaccine Act; Allocation of the Burden of Proof; Preponderance of the Evidence. Signed by Judge Williams.
Filed 04/28/2011
Claim Construction; Corresponding Structure; Function; Extrinsic Evidence; Indefinite; Intrinsic Evidence; Invalidity; Third Party Defendant, RCFC 14(b); Means-Plus-Function Limitation, 35 U.S.C. § 112, ¶ 6; Patents; 41 U.S.C. § 114(b). Signed by Judge Braden.
Filed 04/28/2011
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); USDA Direct and Counter-Cyclical Program; Freedom of Information Act; Fifth Amendment Takings Clause Signed by Judge Hodges.
Filed 04/27/2011
I.R.C. §§ 162, 167, 168, 183; business deduction; deferred like-kind exchange; “unified business enterprise;” separateness of corporations and individual owners; profit motive; substantiation of business expenses; qualified intermediary safe harbor; actual or constructive receipt of funds. Signed by Judge Baskir.
Filed 04/22/2011
Motion to Dismiss for Failure to Submit Contractor Claim to the Contracting Officer Pursuant to the Contract Disputes Act, 41 U.S.C. § 7103 Signed by Judge Horn.
Filed 04/22/2011
Pro Se Plaintiffs; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Hearing, Motions to Strike Signed by Judge Horn.
Filed 04/22/2011
Motion to Dismiss; Contract Disputes Act; Election Doctrine; RCFC 12(b)(1); RCFC 12(b)(6); Claim Preclusion Signed by Judge Hewitt.
Filed 04/22/2011
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 04/22/2011
Takings; Takings Clause of the Fifth Amendment; Nuclear Waste Policy Act of 1982; Spent Nuclear Fuel Disposal; Preclusion of Takings Claim by Breach of Contract Claim; Physical Takings; Regulatory Takings; Taking of Fees Signed by Judge Margolis.
Filed 04/21/2011
Claims by federally recognized National Guard officer for back pay, aviation career
incentive pay, and correction of military records; request for voluntary dismissal; RCFC 41(a)(2); subject matter jurisdiction; statute of limitations; tolling under the Servicemembers Civil Relief Act; 50 U.S.C. app. § 526; failure to state a claim Signed by Judge Lettow.
Filed 04/21/2011
Military Pay; Motion to Dismiss for Lack of Subject Matter Jurisdiction, Rule 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Transfer of Nonmonetary Claims; Transfer Statute, 28 U.S.C. § 1631; Dismissal Without Prejudice Signed by Judge Damich.
Filed 04/21/2011
“Bad Men” claim; Fort Sumner Treaty of 1868, arts. I, II, IX, XIII, June 1, 1868, 25 Stat. 667; Fort Laramie Treaty of 1868, art. I, Apr. 29, 1868, 25 Stat. 635; Member of one tribe seeking rights off-reservation or under treaty of another tribe Signed by Judge Firestone.
Filed 04/20/2011
Discovery Dispute; Motion to Compel; Excise Tax; Ozone-Depleting Chemicals (ODC); 26 U.S.C. Section 6103; Exceptions to Taxpayer Confidentiality; Return Information; "Item" Test; "Directly Related to the Resolution of an Issue" Signed by Judge Damich.
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