U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 04/22/2009
Bid Protest, Motion to Enforce the Court's Order, CICA, Undue Restriction on Competition, Agency's Minimum Needs, Applicability of Service Contract Act of 1965 Signed by Judge Futey.
Filed 04/17/2009
Winstar-related proceeding; Financial Institutions Reform, Recovery,and Enforcement Act of 1989 ("FIRREA");Government's breach of contract; Government's counterclaims; prior settlement agreement between plaintiffs and Federal Deposit Insurance Corporation ("FDIC"); effect of release of only one of two or more joint obligors on a contract; covenant not to sue;claim for setoff of amounts paid by FDIC in prior settlement against damages awarded in this action; burden of proof; Illinois law Signed by Judge Miller, G..
Filed 04/17/2009
Post-award Bid Protest; Challenge to Navy's Evaluation of Competitive Proposals; Discretion Afforded to Agency's Technical and Past Performance Evaluations; Reasonableness of Best Value Determination; Timeliness Issues Signed by Judge Wheeler.
Filed 04/17/2009
Overtime Compensation for Commuting Time; Fair Labor Standards Act, 29 U.S.C. § § 201-219;Portal-to-Portal Act, 29 U.S.C. § § 251-62; 5 C.F.R. § § 551.401, 551.104 and 551.422 Signed by Judge Williams.
Filed 04/16/2009
Contracts; breach of contract;RCFC 15(a), motion to amend answer and counterclaim; special plea in fraud, 28 U.S.C. § 2514 (2006); False Claims Act, 31 U.S.C. § § 3729(a)(1), (a)(2)(2006); Contract Disputes Act of 1978, 41 U.S.C. § 604 (2006);undue delay; prejudice Signed by Judge Miller, C..
Filed 04/14/2009
Judgment after trial; damages for breach of contract; lease under Geothermal Steam Act of 1970; expectancy damages;uncertainty as to existence of lost profits; reliance damages based on assignor's costs; restitution based on benefits conferred by assignor Signed by Judge Wolski.
Filed 04/07/2009
Assertion of Claim for the First Time in the Motion for Reconsideration Signed by Judge Horn.
Filed 04/07/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunction; small-business setaside; irreparable harm; undue hardship; mootness; whether decision not to issue follow-on contract as small business setaside violates 48 C.F.R. (FAR) § § 19.502-2(a), (b) (2006) Signed by Judge Miller, C..
Filed 04/03/2009
National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10 to -34 (2000); Statute of Limitations; "first symptom or manifestation of onset"; Markovich v. Sec'y of HHS,477 F.3d 1353 (Fed. Cir. 2007) Signed by Judge Hodges.
Filed 04/02/2009
Post-award Bid Protest; Competition in Contracting Act Stay Override 31 U.S.C. § 3553(d) (2000); Administrative Procedure Act Standards 5 U.S.C. § 706 (2006) Signed by Judge Hodges.
Filed 04/02/2009
Trial; 28 U.S.C. § 1498; Damages owing to infringement of patent by NASA in developing super lightweight external tank for Space Shuttle; Hypothetical licensing agreement; Georgia Pacific factors; Reasonable royalty rate; Impact of prior licensing agreements involving same patent; Royalty base; Entire market value rule; Reliance on prior licensing agreements;Prejudgment interest; Compounding of interest Signed by Judge Allegra.
Filed 04/01/2009
Civilian Pay; Equal Pay Act of 1963, 29 U.S.C. § 206 (2006); Prima Facie Case; Burden on Summary Judgment to Establish an Affirmative Defense under the Equal Pay Act; Merit System Signed by Judge Bush.
Filed 03/31/2009
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320, codified at 28 U.S.C. § 1491(b); Administrative Procedure Act,5 U.S.C. § § 701(a)(2), 706; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1),(b)(1) Signed by Judge Braden.
Filed 03/31/2009
Adequate Documentation;Apportionment;Attorney Fees;Eligible Party;Equal Access to Justice Act,28 U.S.C. § 2412;Miscellaneous Expenses;Motion to Strike, RCFC 12(f); Overtime Expenses;Paralegal Expenses;Substantial Justification;48 C.F.R. § § 15.101, 15.306(c), 15.308;RCFC 83.1 Signed by Judge Braden.
Filed 03/31/2009
Claim by cooperating witness of an implied-in-fact contract to keep his identity secret and to pay an award;payment from the Department of Justice Assets Forfeiture Fund; 28 U.S.C. § 524(c)(1)(B); release Signed by Judge Lettow.
Filed 03/31/2009
Damages; CERCLA; Summary Judgment; Issue Preclusion; Collateral Estoppel Signed by Judge Smith.
Filed 03/30/2009
Temporary Restraining Order;RCFC 65(c) Signed by Judge Braden.
Filed 03/30/2009
Easements; Applicability of the Contract Disputes Act 41 U.S.C. § § 601-613; Statute of Limitations Signed by Judge Horn.
Filed 03/25/2009
Motion to supplement the administrative record; Esch factors - tension with Supreme Court precedent; Murakami;Impresa Construzioni construed; Motion granted, in part, and denied, in part Signed by Judge Allegra.
Filed 03/25/2009
Judgment after trial; damages; breach of contract; equitable adjustment for constructive change; Contract Disputes Act;vehicle maintenance contract; excess maintenance backlog; actual costs; DCAA audit; REA preparation costs Signed by Judge Wolski.
Pages