U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 01/26/2011
Motion to Dismiss; Equal Pay Act; 29 U.S.C. § 206(d); Discrimination; RCFC 8; RCFC 12(b)(6); Converting a Motion to Dismiss into a Motion for Summary Judgment; Sufficiency of Complaint; Leave to Amend Complaint. Signed by Judge Williams.
Filed 01/24/2011
RCFC 59 Post-Judgment Reconsideration; Motion to Alter or Amend Judgment; Motion to Reopen Discovery Signed by Judge Horn.
Filed 01/24/2011
Patent infringement; patent invalidity; admissibility of expert testimony; motion for summary judgment; obviousness of patent claims; Graham factual inquiries; reason to combine prior art references; reasonable expectation of success; secondary indicia Signed by Judge Damich.
Filed 01/24/2011
Motion for Summary Judgment; Contract to Design and Build Prefabricated Building; Enforceability of Liquidated Damages Clause; Challenge to Components of the Liquidated Damages Rate; Personnel Costs; Excusable Delay; Defective Specifications; Critical Path Signed by Judge Sweeney.
Filed 01/19/2011
Motion for Supplemental Protective Order to Permit Disclosure to Counsel of Documents Related to Terms of Employment of Members of Class of FBI Police Officers; Touhy Regulations Not Relevant to Dispute; Balancing of Interests of Agency and First Amendment Rights of Plaintiffs; Government Must Disclose All Withheld Documents to Court in Camera Signed by Judge Hewitt.
Filed 01/19/2011
Definition of Employee Under 26 U.S.C. § 3121(d)(1); FICA; FUTA; Method of Accounting Under 26 U.S.C. § 446; Failure to Deposit Penalty Under 26 U.S.C. § 6656;
Negligence Penalty Under 26 U.S.C. § 6662; Counterclaim. Signed by Judge Firestone.
Filed 01/18/2011
Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Money-Mandating Source of Law; American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115; Implied-in-Fact Contract Signed by Judge Bush.
Filed 01/14/2011
RCFC 23; Class Certification; Summary Judgment; Order of Disposition of Motions Signed by Judge Block.
Filed 01/13/2011
Alleged breach of contract; subject matter jurisdiction; failure to state a claim Signed by Judge Lettow.
Filed 01/11/2011
Administrative Dispute Resolution Act of 1996, 28 U.S.C. § 1491(b); Bid Protest; Breach of Duty of Fair and Honest Consideration; Defense Authorization Act for Fiscal Year 1998, 10 U.S.C. § 6976(a), (b)(2); Department of the Navy Regulation, 32 C.F.R. § 736.1; Federal Property and Administrative Services Act of 1949, 40 U.S.C. §§ 101-1315; Federal Management Regulations, 41 C.F.R. §§ 102-2.10, 102-71.5, 102-71.20; Implied-In-Fact Contract; Motion to Dismiss, RCFC 12(b)(6); Naval Dairy Farm, 10 U.S.C. § 6976; Notice of Federal Regulations, 44 U.S.C. § 1507; Tucker Act, 28 U.S.C. § 1491(a)(1) Signed by Judge Braden.
Filed 01/11/2011
Production of Transcript of Predeposition, Witness Interview; Attorney Work Product Signed by Judge Horn.
Filed 01/11/2011
Trial; Breach of Contract; Termination for Default; Bad Faith; Contract Acceleration; Commercial Impracticability; Reprocurement Costs Signed by Judge Horn.
Filed 01/10/2011
Takings claim; claim for
realization of excess proceeds
from criminal forfeiture;
jurisdiction under 28 U.S.C.
§ 1491(a)(1) (2006), for a
money-mandating claim; motion
to dismiss, RCFC 12(b)(1);
transfer statute, 28 U.S.C.
§ 1631 (2006). Signed by Judge Miller, C..
Filed 01/07/2011
Seizure of property at the border; seizure of electronic goods; implied-in-fact bailment contract; mutual intent; actual authority; 5th Amendment taking; seizure according to police power; due process claims Signed by Judge Baskir.
Filed 01/07/2011
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); responsibility determination, 48 C.F.R. (FAR) § 9.103 (2010). Signed by Judge Miller, C..
Filed 01/07/2011
Patent Claim for Just Compensation Caused by Agency’s Secrecy Order; 35 U.S.C. §§ 181, 183; Claimant’s Required Administrative Steps Before Seeking Judicial Relief; Remand. Signed by Judge Wheeler.
Filed 01/04/2011
Administrative Procedure Act, 5 U.S.C. § 706(2)(A); Administrative Record; Bid Protest; Competition in Contracting Act, 41 U.S.C. § 253(a); Federal Acquisition Regulations 6.302-1(a), 6.303-1, 6.303-2, 6.304; Intervenor Standing, RCFC 24(a)(2); Judgment on the Administrative Record, RCFC 52.1(c); Plaintiff Standing;
Preliminary Injunction, RCFC 65(a); Tucker Act, 28 U.S.C. § 1491(b)(4). Signed by Judge Braden.
Filed 01/04/2011
Administrative Procedure Act, 5 U.S.C. § 706(2)(A); Administrative Record; Bid Protest; Competition in Contracting Act, 41 U.S.C. § 253(a); Federal Acquisition Regulations 6.302-1(a), 6.303-1, 6.303-2, 6.304; Intervenor Standing, RCFC 24(a)(2); Judgment on the Administrative Record, RCFC 52.1(c); Plaintiff Standing;
Preliminary Injunction, RCFC 65(a); Tucker Act, 28 U.S.C. § 1491(b)(4). Signed by Judge Braden.
Filed 01/04/2011
Pro Se; No Basis to Alter or Amend Judgment Pursuant to
Rules 59(a) and 60(b) Signed by Judge Hewitt.
Filed 01/04/2011
Tax; Refund Suit; 26 U.S.C. § 7422 (2006); Allegation that
an Implied Contract between a Third-Party Taxpayer and the
Government Obliges the Return of Funds Obtained under Duress. Signed by Judge Bush.
Pages