U.S. Court of Federal Claims Opinions
Updated: 1 year 3 months ago
Filed 07/23/2008
Bid Protest; Responsibility Determination;Preliminary Injunction; FAR 52.209-5; Arbitrary and Capricious; Requisite Business Integrity; International Considerations are Implicated Signed by Judge Smith.
Filed 07/22/2008
Trial; Breach of Implied-in-Fact Covenant; Failure to Remove Contraband From Seized Vehicle Prior to Resale Constitutes Breach of Impliedin-Fact Covenant; Damages for Injuries Caused by Breach Signed by Judge Hewitt.
Filed 07/18/2008
Pro Se; Plea Agreements; Failure to State Money Mandating Claim; Lack of Subject Matter Jurisdiction Under Federal Tort Claims Act (28 U.S.C. § 2671), Civil Rights Act (42 U.S.C. § § 1983, 1985, 1986), and False Claims Act (31 U.S.C. § § 3729-733); Lack of Subject Matter Jurisdiction over Bivens Actions and Constitutional Violations Under First, Fourth, Sixth, Eighth, Ninth,Tenth, and Thirteenth Amendments, Due Process Clauses, Equal Protection Clause, and Contract Clause Signed by Judge Firestone.
Filed 07/15/2008
Bid Protest; Injunction; GSAR 552.270-1(c)(7); Negotiated Procurement; Material Deviation from Solicitation Terms; Amendments to Solicitation Signed by Judge Bruggink.
Filed 07/11/2008
Motion to dismiss; RCFC 12(b)(1); subject matter jurisdiction; Tucker Act; 28 U.S.C. § 1491(a)(1); Internal Revenue Code of 1986; 26 U.S.C. § 7623; monetary rewards to whistleblowers for information provided to IRS;contract implied in fact Signed by Judge Miller, G..
Filed 07/11/2008
Administrative Dispute Resolution Act of 1996, 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; Bid Protest; Cargo Preference Act of 1904, 10 U.S.C. § 2631(b); Competition in Contracting Act of 1984, 10 U.S.C. § 2305(b), 31 U.S.C. § 3551,31 U.S.C. § 3553(d), 41 U.S.C. § 253(a)(1)(A); Interested Party; Post-Award Protest; Small Business Set Aside,13 C.F.R. § 121.1007; Standing; Time Charter Contract; 10 U.S.C. § 6011; 32 C.F.R. § 700.204(c); 48 C.F.R. § 9.104-1; Fed. R. Ev. 901; RCFC 52.1 Signed by Judge Braden.
Filed 07/07/2008
5 U.S.C. § 5546(a); 5 C.F.R. § 550.171(a); Sunday premium pay; full-time and part-time civil service employees; Chevron deference;express delegation of authority; statutory construction; plain language;legislative history Signed by Judge Baskir.
Filed 07/07/2008
Patent Infringement; 28 U.S.C. § 1428; Standing; Exclusive Licensee; Joinder; Necessary Party Plaintiff; RCFC 19; Subject Matter Jurisdiction Signed by Judge Williams.
Filed 07/07/2008
Bid Protest; Injunction; Notice Of Appeal As Of Right,Fed. R. App. P. 3(b); Organizational Conflicts of Interest, 48 C.F.R. § 9.5; Permanent Injunction;Post-Judgment Jurisdiction; Public Interest; Set-Aside Of Contract Award; Stay Pending Appeal, Fed. R. App. P. 8(a); RCFC 62(c) Signed by Judge Braden.
Filed 07/03/2008
Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Statute of Limitations for Willful Violations, 29 U.S.C. § 255(a); Summary Judgment; Disputed Issues of Fact; Credibility Determinations; Equitable Tolling Signed by Judge Firestone.
Filed 07/03/2008
Bid Protest; Federal Acquisition Streamlining Act ("FASA"), Pub.L. No. 103-355; FAR 16.505(a)(9); Jurisdiction Limited to Challenge of Scope of Task Order; Procurement Integrity Act, 41 U.S.C. § 423 Signed by Judge Firestone.
Filed 07/02/2008
Summary judgment; RCFC 56(c); privity of contract; recovery of mitigation costs incurred through subsidiary; foreseeability Signed by Judge Damich.
Filed 07/01/2008
RCFC 42, 59; Motion for Plaintiffs, Reconsideration; Motion to Vacate Judgment; Consolidation Signed by Judge Block.
Filed 06/30/2008
Post-Award Bid Protest; Cross Motions for Judgment on Administrative Record; RCFC 52.1; Contracting Officer's Authority to Determine Contractor's Present Responsibility; Effect of Non-Debarment Decision on Contracting Officer; Integrity
and Business Ethics; Standards for Court's Review of Contracting Officer's Decisions; Duty of Contracting Officers to Treat Contractors Fairly Signed by Judge Hodges.
Filed 06/30/2008
Fifth Amendment Takings Claim; Motion to a limited partnership, Dismiss; Motion for Summary Judgment; Genuine Issue of Material Fact; National Security; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 56; Fisher; Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Sweeney.
Filed 06/27/2008
Pro Se Plaintiff; Motion to Proceed In Forma Pauperis; Jurisdiction; Tucker Act; Failure to State a Claim Signed by Judge Horn.
Filed 06/27/2008
Post-trial decision in suit by irrigation district for refund of allegedly excessive charges for energy and power under a contract with the Bureau of Reclamation; interpretation of contract guided by statute Signed by Judge Lettow.
Filed 06/27/2008
Spent Nuclear Fuel Case; Violation of Order Amending Protective Order dated May 14,2006; Availability of Sanctions or Remedies; Government Entitled to Reasonable
Expenses, Including Attorneys'Fees Signed by Judge Allegra.
Filed 06/26/2008
Medicare Program; Social Security Amendments of 1965; Durable Medical Equipment, Prosthetics,Orthotics, and Supplies (DMEPOS);competitive acquisition program;award of contracts; 42 U.S.C. § 1395w-3(b)(10); judicial review of administrative decisions; bid protest;preliminary injunction Signed by Judge Baskir.
Filed 06/26/2008
Review of Special Master's Vaccine Act Decision; Hepatitis B Vaccine; Vaccine Rules 3(b)and 8(c); Lack of Fundamental Fairness; Hearing Improprieties; Failure to Consider Relevant Evidence; Denial of Post-Hearing Briefs; Remand for Further Proceedings Signed by Judge Wheeler.
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