U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 12/02/2009
Motion to Dismiss; Money-Mandating Statute; Motion for Judgment upon the Administrative Record; 10 U.S.C. § 1201; 37 U.S.C. § 204 Signed by Judge Hewitt.
Filed 12/01/2009
Bid Protest, 28 U.S.C. § 1491(b)(1);Preference for Domestic Supplier; Statutory Interpretation;Meaning of "Feasible" v. "Possible";Procurement Action, 41 U.S.C. § 403(2); Remand Statute, 28 U.S.C. § 1491(a)(2) Signed by Judge Hodges.
Filed 11/30/2009
Contract Disputes Act,41 U.S.C. § 605(a);Exhaustion of Administrative Remedies; Motion For Summary Judgment,RCFC 56(c);National Forest Management Act of 1976,16 U.S.C. § 472a;Pub. L. No. 110-234;Ripeness;Tucker Act, 28 U.S.C. § 1491(a)(1),(a)(2);36 C.F.R. § 223.31;36 C.F.R. § 223.52(a)(1), (b)(2), (b)(3),(c);61 FED. REG. 54589, 54590 (Oct. 21, 1996) Signed by Judge Braden.
Filed 11/30/2009
Review of Special Master's Vaccine Act Decision; Onset of Seizures After DTaP Vaccination; Weight Accorded to Medical Records and Oral Testimony; Lack of Fundamental Fairness; Remand Signed by Judge Wheeler.
Filed 11/30/2009
RCFC 12(b)(1); Justiciability; Federal Grant-in-Aid Programs; Antideficiency Act; Federal Revenue Sharing; Housing Programs; WIC Program; Commodity Food Distribution Program; Block Grants;Employment and Training Programs;Appropriations Acts; Discretionary Schemes; Money-Mandating Network;Breach of Fiduciary Duty; Limited Trust;Common-Law Trust Signed by Judge Sweeney.
Filed 11/30/2009
Motion to Dismiss; Fifth Amendment; Takings; 28 U.S.C. § 2501; Transfer Pursuant to 28 U.S.C. § 1631 Signed by Judge Hewitt.
Filed 11/25/2009
Jurisdiction; Contract Administration; Equitable Subrogation; Pro Tanto Discharge; Impairment of Suretyship;Federal Acquisition Regulation; Contract Dispute Act; National Surety Corp v. United States Signed by Judge Hodges.
Filed 11/25/2009
Claim by retired Air Force officer for back pay and correction of her military records; subject matter jurisdiction; judgment on the administrative record Signed by Judge Lettow.
Filed 11/24/2009
Fifth Amendment Taking; Class Actions; RCFC 23; Settlement,voluntary dismissal, or compromise; Hearing and finding regarding the fairness,reasonableness, and dequacy of a proposed settlement Signed by Judge Futey.
Filed 11/24/2009
Motion to Dismiss Complaint by Pro Se Plaintiff Unable to Gain Admittance to 2009 Presidential Inauguration Ceremonies; Dismissal of Claim for Breach of Contract Signed by Judge Hewitt.
Filed 11/24/2009
Class action; Civilian pay case - premium pay; Settlement; Preliminary fairness approval Signed by Judge Allegra.
Filed 11/23/2009
Motion For Partial Summary Judgment; Class Action; Fifth Amendment Takings; Trails Act; 16 U.S.C. § 1247(d); Florida Law; Fee Simple; Right-of-Way; Creation of Easement Under Florida Law; Prescriptive Easement; Abandonment of Easement; Equitable Estoppel; Reversion Signed by Judge Williams.
Filed 11/20/2009
Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court's Opinion of July 28, 2009 Signed by Judge Hewitt.
Filed 11/19/2009
Pre-Certification Notice of Class Action; RCFC 23 Signed by Judge Block.
Filed 11/19/2009
Post-trial decision on claim for damages respecting a construction contract allegedly terminated improperly for default; consequences of termination by contracting officer who did not have jurisdiction; resulting constructive termination for convenience;damages Signed by Judge Lettow.
Filed 11/18/2009
Pre-Award Bid Protest; Standard of Review; Whether Exclusion of Plaintiff from Competitive Range Deprived Plaintiff of Standing; Failure to Demonstrate Error Signed by Judge Hewitt.
Filed 11/12/2009
RCFC 12(b)(1); RCFC 12(b)(6); Third-Party Beneficiaries; Self-Determination Contracts; Law Enforcement and Criminal Investigation Services; Statute of Limitations; Continuing Claim Doctrine;Indian Law Enforcement Reform Act;Indian Self-Determination and Education Assistance Act; Claim Preclusion Signed by Judge Sweeney.
Filed 11/10/2009
Jurisdiction to Review Special Master's Decision on Interim Attorneys' Fees; 42 U.S.C. § § 300aa-12, 300aa-15; Court Award of Partial Interim Fees Signed by Judge Williams.
Filed 11/10/2009
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300aa-1 to -34 (2006); Attorneys' Fees and Costs; Review of Special Master's Determination of Reasonable Costs; Expert Costs; Remand for Consideration of Request for Additional Fees and Costs Incurred in Preparing Motion for Review Signed by Judge Bush.
Filed 11/10/2009
Bid Protest; Supplementing the Administrative Record; Extra-Record Evidence; Judicial Review of Administrative Decisions Signed by Judge Block.
Pages