U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 10/15/2008
Contracts; Spent Nuclear Fuel; Damages Signed by Judge Bruggink.
Filed 10/15/2008
Motion for Reconsideration Of Trial Opinion On Liability Signed by Judge Hewitt.
Filed 10/15/2008
Fair Labor Standards Act, 29 U.S.C. § § 201-219 (2000); Portal-to-Portal Act, 29 U.S.C. § § 251-262 (2000); compensation for time solely spent driving between home and work; statutory interpretation; deference to agency regulations; motion for judgment on the pleadings pursuant to RCFC 12(c); motion for summary judgment pursuant to RCFC 56; binding effect of controlling Federal Circuit precedent Signed by Judge Miller, G..
Filed 10/14/2008
Bid Protest; New Responsibility Determination; Lifting of the Preliminary Injunction; Arbitrary and Capricious Signed by Judge Smith.
Filed 10/14/2008
Post-Award Bid Protest; Motion for Injunctive and Declaratory Relief; Whether Agency Issued Override of Automatic Stay in Accordance With CICA; 31 U.S.C. § 3553(d)(3)(C) Signed by Judge Hewitt.
Filed 10/10/2008
Bid Protests; Agency Override Decision; General Accountability Office; "De Facto" Override Signed by Judge Bruggink.
Filed 10/10/2008
Indian Trust Claims; Motion to Dismiss; Subject Matter Jurisdiction;Application of 28 U.S.C. § 1500 Signed by Judge Block.
Filed 10/09/2008
Action for Readjustment of Partnership Items; I.R.C. § 6226; Motion to Dismiss Causes of Action for Lack of Jurisdiction: FPAA Invalid to Extent FPAA Purports to Adjust Nonpartnership Items on the Basis That Transfers Were Shams; Motion to Substitute Parties: Partner Who Filed Complaint and Others May Withdraw From Proceeding Upon Substitution of Successor Partner;Deposit by Withdrawing Partner Who Filed Complaint Shall Not Be Returned Signed by Judge Hewitt.
Filed 10/09/2008
Motion for Reconsideration; Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2); Jurisdiction; Tax Equity and Fiscal Responsibility Act of 1982; Notice of Final Partnership Administrative Adjustment; 26 U.S.C. § 6226(e)(1);Statutory Interpretation; 1 U.S.C. § 1; Amount of Requisite Deposit Signed by Judge Williams.
Filed 10/07/2008
Post-award protest of a contract to perform maintenance services on the Air Force's KC-135 Stratotanker fleet; standing;change of name; organizational conflicts of interest; evaluation of past performance; price-realism analysis; factors governing equitable relief Signed by Judge Lettow.
Filed 10/03/2008
Jurisdictional prerequisites under Contract Disputes Act, 41 U.S.C. § 605(a)-(c); Certified claim and contracting officer's final decision;Government counterclaim; Liquidated damages for delayed contract performance; Defective specifications; Sequence of performance; Variance request;Delay for discovery of lead based paint Signed by Judge Baskir.
Filed 10/03/2008
Public Safety Officer Benefits Act(PSOBA), 42 U.S.C. § 3796;Consolidated Appropriations Act of 2008; Application for Attorney Fees;Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412; Multiple Applications for Attorney Fees; Res Judicata; Attorney Fees for Legal Work by Law Students Signed by Judge Baskir.
Filed 10/02/2008
RCFC 26; Discovery; Relevance;Burdensomeness; Federal Insurance Contributions Act,
26 U.S.C. § 3101 et seq.; Revenue Rulings Signed by Judge Williams.
Filed 09/30/2008
Jurisdiction; Standing; Substantial Variance Doctrine; Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. § § 6221-33; Tucker Act, 28 U.S.C. § 1491; 26 U.S.C. § § 7422(a), (h); RCFC 12(b)(1) Signed by Judge Braden.
Filed 09/30/2008
Fifth Amendment; takings; motion to dismiss; RCFC 12(b)(6) Signed by Judge Damich.
Filed 09/30/2008
Postaward Bid Protest, 28 U.S.C. § 1491(b);Cross-Motions for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Standing; Evaluation Scheme; Competitive Range; Discussions;Proposal Evaluations; Adjectival Ratings; Quantity and Quality of Evaluated Strengths;Crosswalks; Parent and Affiliate Corporations; Small Business Participation;Buying-in; Price Reasonableness; Best Value Tradeoffs; Weight of Evaluation Factors; Elevation of the Price Factor Signed by Judge Sweeney.
Filed 09/30/2008
Bid protests; Alleged bad faith in cancelling procurement; Injunctive relief; Bid preparation costs Signed by Judge Bruggink.
Filed 09/29/2008
Cost Accounting Standard 413.50(c)(12), codified at 48 C.F.R. § 9904.413-50(c)(12) (1993); Segment Closing Adjustment; Partial Transfer of Pension Assets and Liabilities; Use of Transferred Pension Surplus to Satisfy Seller's Segment Closing
Adjustment Obligations; Credits Clause, 48 C.F.R. § 31.205-5 (1993) Signed by Judge Firestone.
Filed 09/26/2008
Motion to Certify Class Action;RCFC 23; Certification Granted Signed by Judge Hewitt.
Filed 09/25/2008
Fifth Amendment; Regulatory Taking Claim; Proposed Sale of Crop Insurance Policies From One Private Party to Another; No Legally Cognizable Property Interest;Omnia Line of Cases; Rule 12(b)(6) Signed by Judge Wheeler.
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