U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 09/17/2009
Post-Award Bid Protest: A motion for a permanent injunction will not be granted where the contracting officer adequately addressed any potential organizational conflicts of interest and where plaintiff failed to show that either the agency's inclusion of subcontractors in its evaluation of corporate experience or the agency's cost realism analysis was arbitrary or capricious Signed by Judge Wiese.
Filed 09/17/2009
Bid Protest; FAR Part 8 - Blanket Purchase Agreement; Motion to Dismiss - Challenge to Terms of Solicitation Barred Under Blue & Gold Fleet v. United States, 492 F.3d 1308 (Fed. Cir. 2007); Motions for Judgment on the Administrative Record; Discussions Under FAR Part 8 Were Not "Unfair"; Technical Evaluations Supported by the Administrative Record Signed by Judge Firestone.
Filed 09/16/2009
Motion to Dismiss; Correction of Military Records; 28 U.S.C. § 2501; Statute of Limitations as Jurisdictional Bar; 10 U.S.C. § 1201; Transfer Pursuant to 28 U.S.C. § 1631; "Interest of Justice" Signed by Judge Hewitt.
Filed 09/16/2009
Claim by a state prisoner for issuance of a writ of mandamus under 28 U.S.C. § 1361; applicability of the Prison Litigation Reform Act; 28 U.S.C. § 1915 g); "three strikes" rule Signed by Judge Lettow.
Filed 09/14/2009
Aviation and Transportation Security Act, 49 U.S.C. § 44935;Fair Labor Standards Act,29 U.S.C. § 207;security screeners; overtime compensation; statutory construction of "notwithstanding" Signed by Judge Baskir.
Filed 09/11/2009
Taxation; Refund of Federal Income Tax; Interest; Res Judicata; Collateral Estoppel; Subject Matter Jurisdiction; Failure to State a Claim Signed by Judge Horn.
Filed 09/10/2009
Patents; Invalidity; Obviousness; Prior Art in Offer for Sale; Posttrial Opinion Signed by Judge Damich.
Filed 09/10/2009
RCFC 12(b)(1),Jurisdiction over claims for back pay and reinstatement, Civil Service Reform Act, leave for jury duty, 5 U.S.C. § 6322 (2006) Signed by Judge Futey.
Filed 09/03/2009
Judgment on the administrative record;motion to dismiss for failure to state a claim upon which relief can be granted;interpretation of "any case" limiting an informer's award under 19 U.S.C. § 1619(c);Chevron deference; Skidmore deference; prudential ripeness Signed by Judge Wolski.
Filed 09/03/2009
Equal Pay Act, 29 U.S.C. § 206(d)(1)(2006); gender-based pay disparities; Plaintiff's prima facie case; defendant's affirmative defense that differences in initial salary offers to plaintiff and male applicants were based upon factor other
than gender; whether asserted genderneutral factor was pretextual Signed by Judge Miller, G..
Filed 09/02/2009
Hepatitis B Vaccine; Autoimmune Hepatitis (AIH); Causation-in-Fact; Credibility Determinations Under Andreu; Medical Theory; Appropriate Temporal Relationship; Alternative Causation Signed by Judge Firestone.
Filed 09/02/2009
Attorney Fees;Equal Access to Justice Act,28 U.S.C. § 2412; Motion For Reconsideration,RCFC 59(a); Motion To Amend, RCFC 59(e); 28 U.S.C. § 1491(b)(4) Signed by Judge Braden.
Filed 09/02/2009
Reimbursement of Employee Lodging Expenses When Ship is in Port; Restrictions in Collective Bargaining Agreement; Subject Matter Jurisdiction; Summary Judgment; Boege v. United States, 206 Ct. Cl. 560 (1975) Signed by Judge Wheeler.
Filed 08/31/2009
Administrative Record, RCFC 52.1; Army Field Manual 21-20; Judgment on the Administrative Record, RCFC 52.1; Justiciability; Military Pay Act, 37 U.S.C. § 204(a); Motion To Dismiss, RCFC 12(b)(1), (b)(6); Pro Se; ROTC UP AR 145-1, para 3-43(a)(10); 10 U.S.C. § 2005(a)(3); 10 U.S.C. § 2104; 10 U.S.C. §2701(c)(1); 37 U.S.C. § 209(a)(2); Fed. R. Ev. 201 Signed by Judge Braden.
Filed 08/28/2009
Motion to Compel; Objections to Document Production; Freedom of Information Act; Attorney-Client Privilege; Work-Product Protection; Privilege Log; Waiver of Privilege; Federal Rule of Evidence 502;Screening Process; Inadvertent Disclosure; Disclosure at Deposition; Failure to Rectify Disclosure; Subject-Matter Waiver; At-Issue Waiver; Affirmative Defenses Signed by Judge Sweeney.
Filed 08/27/2009
Claim by a uniformed nurse practitioner that she was improperly terminated by the Public Health Service; jurisdiction over claims for entitlement to back pay and disability separation; no jurisdiction over whistleblower claim or over disability discrimination claim;arbitrary and capricious disposition by Correction Board; remand Signed by Judge Lettow.
Filed 08/26/2009
Action for Readjustment of Partnership Items; Effect of Concessions on Remaining
Issues for Trial Signed by Judge Hewitt.
Filed 08/26/2009
Action for Readjustment of Partnership Items; Effect of Concessions on Defenses to
Penalties Signed by Judge Hewitt.
Filed 08/26/2009
Pro Se Complaint; 28 U.S.C. § 1915; In Forma Pauperis Application; Frivolous Claims; 28 U.S.C. § 1491; RCFC12(h)(3); Subject-Matter Jurisdiction Signed by Judge Hewitt.
Filed 08/25/2009
26 U.S.C. § 6672; Responsible Party; Willfulness; 26 U.S.C. § 4251; Excise Tax; IRS Assessment - Presumption of Correctness Signed by Judge Firestone.
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