U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 12/03/2008
Contract case; Motion to dismiss under RCFC 12; Alleged breach of oral contract; Applicability of Contract Disputes Act;Oral contract was not for the "procurement of services" within the meaning of 41 U.S.C. § 602(a); Definition of term "procurement;" Institute Pasteur applied;31 U.S.C. § 1501(a); Section 1501(a) is not a statute of frauds rendering oral(and implied-in-fact) contracts unenforceable; Language, structure, and history of section 1501(a) reviewed; American Renaissance not followed; Motion to dismiss denied Signed by Judge Allegra.
Filed 11/26/2008
RCFC 56; Cross-Motions for Summary Judgment; Contract Interpretation; Patent and Latent Ambiguities; Doctrine of Contra Proferentem Signed by Judge Sweeney.
Filed 11/26/2008
Motion for summary judgment; RCFC 56;28 U.S.C. § 2516; interest;attorney and expert fees Signed by Judge Damich.
Filed 11/25/2008
Owner Claims for Rent Increase and Energy Reimbursement in HUD Public Housing Program Signed by Judge Horn.
Filed 11/25/2008
Motion for Partial Summary Judgment; RCFC 56; 26 U.S.C. § 6662 Signed by Judge Hewitt.
Filed 11/25/2008
RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. § § 601-613; Performance Evaluation; Definition of Claim;Nonmonetary Relief; "Jurisdictional Parity" with Boards of Contract Appeals; Contracting Officer's Final Decision;Deemed Denial Signed by Judge Sweeney.
Filed 11/24/2008
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2000); Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-62 (2000); Home to Work Travel Time; RCFC 12(c);Controlling Precedent Signed by Judge Bush.
Filed 11/24/2008
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2000); Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-62 (2000); Home to Work Travel Time; RCFC 12(c); Controlling Precedent Signed by Judge Bush.
Filed 11/24/2008
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2000); Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-62 (2000); Home to Work Travel Time; RCFC 12(c); Controlling Precedent Signed by Judge Bush.
Filed 11/21/2008
Applicability of the FLSA,29 FAM 1 ET AL.,U.S.C. § § 201-219 (2008);Law of the Case Doctrine;Section 7 of the FLSA; "In Law Enforcement Activities"; Section 207 (k) "Work Period";Availability Pay; Overtime Premiums Signed by Judge Futey.
Filed 11/19/2008
Post-award bid protest;contract awarded to a Medicare Quality Improvement Organization under the Medicare Utilization and Quality Control Peer Review Organization program;evaluation of offerors'past performance,personnel,governance, cost,and price realism Signed by Judge Lettow.
Filed 11/18/2008
Equal Pay Act, 29 U.S.C. § 206(d)(1);Gender-based wage disparities;Plaintiff's prima facie case; Defendant's affirmative defense that pay differential was based upon factor other than gender; Gender-neutral factor as pretext; Motion for summary judgment, Rule 56; Genuine issues of material fact Signed by Judge Miller, G..
Filed 11/17/2008
Civilian pay; Back Pay Act, 5 U.S.C. § 5596 (b)(1)(A)(i)(2000); RCFC 12(b)(6)motion
for failure to state a claim;jurisdiction pleaded under statute that does not mandate payment of money; failure to state a claim for amount of money incorrectly
withheld Signed by Judge Miller, C..
Filed 11/14/2008
Subject Matter Jurisdiction; RCFC 12(b)(1); Abatement of Income Taxes and Interest;
28 U.S.C. § 1346(a)(1); Full Payment Rule Signed by Judge Sweeney.
Filed 11/14/2008
Prompt Payment Act Interest, 31 U.S.C. § 3901, et seq. Signed by Judge Horn.
Filed 11/14/2008
28 U.S.C. § 1875; 28 U.S.C. § 1363; lack of jurisdiction to hear plaintiff's claim that adverse action was based upon jury service; 28 U.S.C. § 1631; transfer to district court not in the interest of justice where transfer would be futile Signed by Judge Miller, G..
Filed 11/14/2008
Bid Protest; Negotiated Procurement;SDVOSB Set-Aside;Cancellation;FAR 15.305(b); FAR 52.219-27; FAR 9.604(e);FAR 19.1405(c); FAR 15.206(e);FAR 15.308;FAR Subpart 9.1 Signed by Judge Firestone.
Filed 11/10/2008
Defendant's Motion to Compel Production of Documents;RCFC 37(a); RCFC 26(b) Signed by Judge Hewitt.
Filed 11/05/2008
Rule 12(b)(6); Title VII Settlement Agreement; Substantive Right to Money Damages Signed by Judge Hodges.
Filed 11/05/2008
Motion to Dismiss; RCFC 12(b)(1); Non-Appropriated Funds Doctrine; Fair Labor Standards Act, 29 U.S.C. § § 201-19 (2000); Back Pay Act, 5 U.S.C. § 5596 (2006); Executive Agency; Employee of United States of America Signed by Judge Hodges.
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