U.S. Court of Federal Claims Opinions
Updated: 11 months 3 days ago
Filed 07/15/2009
Summary Judgment; Breach of Contract; Purchase Order; Contract Interpretation; Ambiguous Contract; Extrinsic Evidence. Signed by Judge Williams.
Filed 07/13/2009
Motion to Dismiss; Pro Se Complaint Alleging Tort Claims and Constitutional Violations Occurring in State Prison; Relief Not Available Under 28 U.S.C. §1491, or Article III, Section 2 of the United States Constitution Signed by Judge Hewitt.
Filed 07/09/2009
Motion for Clarification; Meaning of Term "Reprocure"; Agency Discretion in Taking Corrective Action; Amendment of Decision Signed by Judge Williams.
Filed 07/08/2009
Late designation of witnesses for trial; applicability of RCFC Appendix A ¶ 13; requisite showing of need for testimony Signed by Judge Lettow.
Filed 07/08/2009
Pre-Award Bid Protest; Review of Army's Decision to Eliminate Protestor from Further Consideration; Supplementation of the Administrative Record Signed by Judge Bush.
Filed 07/08/2009
Motion to Dismiss; RCFC 12(b)(1); RCFC12(b)(6); Pro se Plaintiff Signed by Judge Smith.
Filed 07/06/2009
Judgment on the administrative record, RCFC 52.1; Board for Correction of PHS Commissioned Corps Records; substantial evidence; discretionary decision; derailment of promotion; harmless error rule;appointment revoked before effective date Signed by Judge Wolski.
Filed 07/02/2009
Motion for Protective Order; RCFC 26(c); Good Faith Conferment; Good Cause; Requests for Admission; RCFC 36; Interrogatories; RCFC 33; Leave to Serve Additional Interrogatories Signed by Judge Sweeney.
Filed 07/02/2009
Unauthorized Communications With Represented Persons About the Subject of Lawsuit Are Not in Compliance With ABA Model Rules of Professional Conduct 4.2 and 8.4(a); Assuring Future Compliance Signed by Judge Hewitt.
Filed 07/02/2009
Dismissal for Failure to Show Cause; Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II; Rule 54(c) Signed by Judge Hewitt.
Filed 07/02/2009
Dismissal for Failure to Show Cause; Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II; Rule 54(c) Signed by Judge Hewitt.
Filed 07/01/2009
Post-trial decision on physical takings claim; superinduced additions of water to the Black River in Arkansas attributable to deviations by the Corps of Engineers from the operating plan for the Clearwater Dam in Missouri; periodic inundation of Dave Donaldson Black River Wildlife Management Area; loss of oak timber; just compensation Signed by Judge Lettow.
Filed 07/01/2009
Collateral Estoppel; Virtual Representation; Unrelated Business Income Tax; 26 U.S.C. § § 511-14; Summary Judgment; Tax Refund Signed by Judge Block.
Filed 06/30/2009
Doctrine of Equitable Subrogation; Miller Act, 40 U.S.C. § 3131(a)-(b); Motion to Dismiss, RCFC 12(b)(6); Performance and Payment Bonds Signed by Judge Braden.
Filed 06/29/2009
Motion to Dismiss; Pro Se Complaint Alleging Violations of Various Statutes and Claims of Fraud, Negligence and Conversion; Relief Not Available Under 11 U.S.C § § 523 and 548, 15 U.S.C. § § 1-7,42 U.S.C. § 1983, 18 U.S.C. § § 1951 and 1961-62, 42 U.S.C. § 6928, 33 U.S.C. § 1319, 17 C.F.R. § 240.10b, 40 C.F.R. § § 1502 and 1508, or First, Fifth and Fourteenth Amendments to the U.S. Constitution Signed by Judge Hewitt.
Filed 06/29/2009
RCFC 12(b)(1); RCFC 52.1; Correction of Military Records; 28 U.S.C. § 1552; Back Pay; 37 U.S.C. § 204; Mandatory Separation; 10 U.S.C. § 632; Medical Evaluation Board; Physical Evaluation Board; Substantial Evidence; Inadequate Correction Board Decision; Remand to Correction Board; 28 U.S.C. § 1491 Signed by Judge Sweeney.
Filed 06/26/2009
Contracts; summary judgment;Indefinite Delivery, Indefinite Quantity contract; breach of contract; breach of duty of good faith and fair dealing Signed by Judge Miller, C..
Filed 06/25/2009
Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Motion for Summary Judgment; RCFC 52.1, Supplementation of the Administrative Record; Unequal,Misleading Discussions; Evaluation Consistent with Solicitation; Price Evaluation; Prejudice; Permanent Injunctive Relief; Bid and Proposal Preparation Costs Signed by Judge Williams.
Filed 06/22/2009
Motion to Dismiss; RCFC 12(b)(1); Contract Disputes Act's Requirement of Written and Certified Claim to the Contracting Officer; 41 U.S.C. § 605(a) Signed by Judge Hodges.
Filed 06/17/2009
Post-Award Bid Protest; Injunctive Relief; Unequal and Misleading Discussions; Unbalanced Pricing;Price Realism; Unequal Technical Evaluation; Unstated Evaluation Criteria; Supplementation of the Administrative Record Signed by Judge Horn.
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