U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 02/25/2010
Vaccine; Fees; Standard of Review; Allowable Costs; Guardianship Costs; Documentation of Costs; Travel Time Costs Signed by Judge Horn.
Filed 02/25/2010
Bid Protest; Tucker Act, 28 U.S.C. § 1491; Transfer from District Court Pursuant to 28 U.S.C. § 1631; Small Business Set Aside Procurement; Size Determination by Small Business Administration (SBA); "Size Protests;" SBA Office of Hearings and Appeals; Joint Ventures; The 3/2 Rule; Mootness; Standing; Federal Acquisition Regulation, 48 CFR §19.805.2(b)(2) Signed by Judge Baskir.
Filed 02/24/2010
Contract Disputes Act; Partial Final Judgment for Claims Affirmed on Appeal; No Just Reason for Delay; RCFC 54(b); 41 U.S.C. § 609(e); Judgment Fund; 31 U.S.C. § 1304; Policy Favoring Prompt Payment of Decided Claims Signed by Judge Wheeler.
Filed 02/23/2010
42 U.S.C. §1395w-3(a)(1)(D); Durable Medical Equipment, Prosthetic Devices, Orthotics, and Supplies Competitive Acquisition Program ("DMEPOS CAP");statutory construction; prohibition on an "independent cause of action or right to administrative or judicial review ;" damages payable from Federal Supplementary Medical Insurance Trust Fund Signed by Judge Baskir.
Filed 02/23/2010
Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Tort Claims Act; Tort-Based Allegations Signed by Judge Sweeney.
Filed 02/19/2010
Rule 12(b)(1) and 12(b)(6)Motion to Dismiss; 28 U.S.C. §1500; Analysis of Operative
Facts Underlying Claims in Different Courts; Dismissal of Claims Where Court Lacks
Jurisdiction, or Where Party Failed to State Basis for Claim. Signed by Judge Wheeler.
Filed 02/17/2010
Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915; Due Process; Tort Signed by Judge Horn.
Filed 02/16/2010
Contracts; Implied Waiver of Contract Provision; Effect of Non-Waiver Clause Signed by Judge Bush.
Filed 02/16/2010
Post Award Bid Protest; Supplementation of Administrative Record; Allegations of Bias and Bad Faith; Applicability of Federal Rules of Evidence to Extra-Record Evidence in Bid Protest; Hearsay; Fed. R. Evid. 801(d)(2)(D); 803(8); 803(6); 404; 406 Signed by Judge Williams.
Filed 02/15/2010
Anti-Assignment Acts, 31 U.S.C. § 3737,41 U.S.C. § 15; Anticipatory Repudiation; Cardinal Change of Contract; Cure Notice; Declaratory Judgment; Federal Acquisition Regulations, 48 C.F.R. § 552.270-13 (Itemized Cost Proposal); 48 C.F.R. § 552.270-14 (Changes Clause); 48 C.F.R. § 52.233-1 (Disputes Clause); Federal Property and Administrative Services Act of 1949, 40 U.S.C. § 490(h)(1); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Real Party In Interest, RCFC 17(a); Receivership; Standing; Tenant Improvement Allowance; Termination for Default Signed by Judge Braden.
Filed 02/12/2010
Damages for Breach of Trust Responsibility; 25 C.F.R. Part 162 Alaska Native Allotment; Oil and Gas Production; Restitution; Oil Trespass; Continuing Claim Doctrine; Interest Signed by Judge Firestone.
Filed 02/03/2010
Pro Se Standard; Motion to Dismiss;Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1495; 28 U.S.C. § 2513; Tort Claims; Constitutional Claims; Statutory Claims; 28 U.S.C. § 2254; 42 U.S.C. § 1983 Signed by Judge Smith.
Filed 02/03/2010
Summary Judgment; Hazardous Waste Management Services Contract; Constructive Change of a Contract; Equitable Adjustment of a Contract Signed by Judge Hewitt.
Filed 02/02/2010
Summary Judgment; RCFC 56(1)(c); Denial; Questions of Fact Remain Signed by Judge Smith.
Filed 02/02/2010
Attorney-client privilege; claw back of documents pursuant to RCFC 26(b)(5)(B); attorney-to-client communications; adequacy of privilege log; in camera review of documents claimed to be privileged; confidential communication of publicly available information to an attorney to obtain legal advice; uncommunicated attorney notes; Internal Revenue Code § 6103; taxpayer-specific return information Signed by Judge Miller, G..
Filed 02/01/2010
Winstar Damages; Lost Profits; Cost of Capital; "Wounded Bank" Damages; Jury Verdict Signed by Judge Williams.
Filed 02/01/2010
Tribal trust case; Motion for stay pending further appellate review of Federal Circuit's denial of mandamus petition; Fiduciary exception to the attorney-client privilege; Weak showing of likelihood of success; Alleged irreparable harm not demonstrated; Damage to plaintiff based on further delay; Public interest; Motion denied; Production deadline extended to allow for filing of petition for rehearing Signed by Judge Allegra.
Filed 02/01/2010
Contract case; Motion to dismiss under RCFC 12(b)(1) and (b)(6); Jurisdiction; Tort claim arising primarily under contract; Breach of settlement agreement; Agreement to comply with applicable laws; Breach of covenant of good faith and fair dealing; Failure to state a claim; Twombly and Iqbal examined; Impact on Conley; Plausibility standard; Second amended complaint stated plausible breach claims; Freedom of Information Act Signed by Judge Allegra.
Filed 01/29/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction RCFC 12(b)(1); Motion for Summary Judgment RCFC 56; Fifth Amendment Takings Claim. Signed by Judge Bush.
Filed 01/28/2010
Prejudice; Error or Ambiguity in Solicitation; Jurisdiction; Waiver; Standing; Blue & Gold Fleet, L.P. v. United States; Weeks Marine, Inc. v. United States; Impresa Construzioni Geom. Domenico Garufi v. United States; "Interested Party"; "Economic Interest"; 10 U.S.C. § 2305(a)(1)(B)(ii); Contract Services Act; Agency Needs; Unlawfully Restricted Competition; Competitive Range; Federal Acquisition Regulation Signed by Judge Hodges.
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