U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 03/25/2009
Hoopa-Yurok Settlement Act, 25 U.S.C. § 1300i et seq.; Cross-Motions to Dismiss or for Summary Judgment; Lack of Standing Signed by Judge Wheeler.
Filed 03/25/2009
Claim of right to monies withheld by the government to pay a debt due the Army and Air Force Exchange Service; collateral estoppel; taking; veterans'educational benefits Signed by Judge Lettow.
Filed 03/24/2009
Motions for Partial Judgment on the Pleadings pursuant to RCFC 12(c); Fair Labor Standards Act, 29 U.S.C. § § 201-219; Portal-to-Portal Act, 29 U.S.C. § § 251-262; Compensation for Time Solely Spent Driving a Government-Owned Vehicle between Home and Work; Binding Precedent/Stare Decisis; Deference to Agency Regulations Signed by Judge Horn.
Filed 03/23/2009
Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act, 41 U.S.C. § 601 et seq.; res judicata; claim preclusion; issue preclusion;privity; substantive legal relationship; real party in interest; third-party beneficiary; assignment of right to payment; implied-in-fact contract;ratification Signed by Judge Miller, G..
Filed 03/20/2009
Indian Claim; Motion to Dismiss for Lack of Jurisdiction; 28 U.S.C. § 1500; Actions Pending in U.S. District Court and Court of Federal Claims; Sequence of Filing Complaints on Same Day Signed by Judge Wheeler.
Filed 03/18/2009
RCFC 12(b)(1); Structured Settlement;Annuity Owned by the United States;Factoring Transaction; Assignment; Privity of Contract; Third-Party Beneficiary;Presently Due Money Damages; Equitable Relief; 26 U.S.C. § 5891 Signed by Judge Sweeney.
Filed 03/16/2009
Contract with Iraqi Government; Promises by United States to Facilitate Payment; Implied-In-Fact Contracts; Tucker Act Jurisdiction; Contract Disputes Act Not Applicable; Dismissal of Counts Where No Privity Exists Signed by Judge Wheeler.
Filed 03/16/2009
Motion for Reconsideration; RCFC 54(b); RCFC 59(a)(1); 26 U.S.C. § 6662 Signed by Judge Hewitt.
Filed 03/11/2009
Bid Protest; Indefinite Delivery Indefinite Quantity ("IDIQ")Contracts; Failure to Show Prejudice; Past Performance Evaluations; Price Reasonableness Determination; Waiver of Minor Irregularities; 48 C.F.R. 52.215-1(f)(3) Signed by Judge Firestone.
Filed 03/11/2009
RCFC 59(a)(1) Motion for Reconsideration;Restitution and Rescission; Duty to Return Property in Substantially the Same Condition; Offset for damage to property;Election of Remedies;Offshore Oil and Gas Leases Signed by Judge Bruggink.
Filed 03/06/2009
Anti-Assignment Acts, 41 U.S.C. § 15 & 31 U.S.C. § 3727; Recognition of Assignment; Statute of Limitations, 28 U.S.C. § 2501; Accrual Suspension Rule Signed by Judge Firestone.
Filed 03/05/2009
Pro Se Plaintiff; Doctrine of Res Judicata; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1494 Signed by Judge Wheeler.
Filed 03/05/2009
Fifth Amendment taking, Rule 9(i), and avigation easement; evidence challenging jurisdictional facts; motion to dismiss for lack of subject matter jurisdiction and Rules 12(b)(1),(h)(3); typographical error; hearsay under the Federal Rules of Evidence 801, 802; signed submissions and Rule 11; 28 U.S.C. § 1746; Rule 15(a)amendments Signed by Judge Wolski.
Filed 03/04/2009
Vaccine case; Off-Table claim; significant aggravation of prior symptoms; required elements of proof; causation Signed by Judge Lettow.
Filed 03/04/2009
Summary Judgment;Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), 30 U.S.C. § § 1201 et seq.;Constitutionality of reclamation fees as applied to exports;Scope of Remand Signed by Judge Futey.
Filed 03/03/2009
National Vaccine Injury Compensation Program; Review of Special Master's Decision on Remand; Hepatitis B Vaccine; Failure to Show that Vaccine Injuries Persisted for at Least Six Months Signed by Judge Wheeler.
Filed 03/03/2009
Motion for Reconsideration;RCFC 54(b); RCFC 59(a)(1);26 U.S.C. § 6226 Signed by Judge Hewitt.
Filed 03/02/2009
Motion for Review; National Vaccine Injury Compensation Program; 42 U.S.C. § 300aa-12(e)(2); Reasonable Attorneys'Fees; 42 U.S.C. § 300aa-15(e)(1) Signed by Judge Hewitt.
Filed 03/02/2009
Cancellation of Negotiated Procurement;Breach of Implied Contract of Fair Dealing; 28 U.S.C. § 1491(b);Reviewability of Alleged Violations of FAR 1.102(b)(3),FAR 1.102-2(c), and FAR 19.502-2(b) Signed by Judge Firestone.
Filed 02/27/2009
Takings; Patents; Statute of Limitations; Accrual Suspension Signed by Judge Bruggink.
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