U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 05/21/2008
Telecommunications Excise Tax;Statute of Limitations; 26 U.S.C. § 6511(a); 26 U.S.C. §7422; Statutory Interpretation Signed by Judge Williams.
Filed 05/19/2008
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § § 6221-6233; Affected Item; Individual Partner's Amount At-Risk;Final Partnership Administrative Adjustment Signed by Judge Bruggink.
Filed 05/19/2008
Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Interpretation of DOE's Standard Contract; Recovery of Mitigation Damages for DOE's Partial Breach of Contract Signed by Judge Wheeler.
Filed 05/16/2008
Tax; refund of penalty for underpayment due to fraud, 26 U.S.C. ("I.R.C.") § 6663(a)(2000); burden of proof; clear and convincing evidence Signed by Judge Miller, C..
Filed 05/16/2008
Motion to Dismiss; RCFC 12(b)(6); Alleged Breach of Settlement Agreement Resolving Discrimination Claim; Subject-Matter Jurisdiction; RCFC 12(b)(1);"Contracts" under the Tucker Act Generally Not Required to Contain Money-Mandating Language Signed by Judge Miller, G..
Filed 05/15/2008
Motion to Dismiss; RCFC 12(b)(1); 28 U.S.C. § 540C; FBI Police; Back Pay Act of 1996; 5 U.S.C. § 5596(b)(1); Civil Service Reform Act (CSRA) Signed by Judge Hewitt.
Filed 05/15/2008
Override determination by the Army of stay arising with post-award bid protest; 31 U.S.C. § 3553(d)(3)(c);canine working dog services to Army Special Forces units operating in Afghanistan; factors affecting preliminary injunction; interests of
national defense and national security;28 U.S.C. § 1491(b)(3) Signed by Judge Lettow.
Filed 05/14/2008
In Forma Pauperis Filing Requirements, 28 U.S.C. § 1915(a); In Forma Pauperis "Three Strikes" Rule, 28 U.S.C. § 1915(g); Constitutionality of Filing Fee Requirement; Demand for Garnishment Suit to Obtain Payment of Filing Fee; Recusal; Sua Sponte Dismissal for Failure to Pay Filing Fee Signed by Judge Miller, G..
Filed 05/13/2008
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Failure to Issue Solicitation Amendment to All Parties; 48 C.F.R. § 15.206(b); No Waiver;No Showing of Prejudice Under Test of Whether Protestor "had a
chance of receiving the contract award that is more than merely speculative" Signed by Judge Hewitt.
Filed 05/12/2008
RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; John R. Sand & Gravel Co.; Fifth Amendment Taking; Continuing Claims Doctrine; Stabilization; Remediation; Fisher; Moden; Jan's Helicopter Service, Inc. Signed by Judge Sweeney.
Filed 05/08/2008
Contracts; breach of contract;anticipatory repudiation;bilateral modification; accord and satisfaction; Franconia Assocs. v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413 (codified as amended at 42 U.S.C. § § 1485, 1490a (2000)); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988)("ELIHPA"); Housing and Community Development Act of 1992, Pub. L. No. 102-550, 106 Stat. 3672 (codified in relevant part at 42 U.S.C. § 1472(c)(2000)); RCFC 56 cross-motions for partial summary judgment Signed by Judge Miller, C..
Filed 05/06/2008
Partial Motion to Dismiss;Jurisdiction; Availability Pay Claims;Law Enforcement Availability Pay Act of 1994, 5 U.S.C. § 5545a; Federal Aviation Administration Personnel Management System, 49 U.S.C. § 40122(g) Signed by Judge Horn.
Filed 05/06/2008
Motion for summary judgment; Contract claim - Contract Disputes Act; Constructive change doctrine; Limitations of the doctrine - Len Co. Assocs.; Failure to create genuine issue of material fact as to whether additional, uncompensated work was ordered by an official with the authority to do so; Covenant of good faith and fair dealing; Failure to create genuine issue of material fact as to whether termination of contract and other conduct was animated by bad faith; Defendant's motion granted Signed by Judge Allegra.
Filed 05/02/2008
Timber Sale Contracts; Motion for Reconsideration of Interlocutory Order Directing Plaintiff to Recalculate Its Damages in Light of Court's Findings After Trial; Plaintiff's Damages Model; Plaintiff's Use of New Input Values Based on Court's Findings; Declaration of Defendant's New Expert Witness, Proffered in Response to Plaintiff's Revised Damages Calculations and in Support of Defendant's Contentions Relating to Causation and Alleged Failure to Mitigate; Lack of Basis for Court's Consideration of Declaration for Such Purposes After Trial; Profits Earned on Breached Contracts in Post-Breach Period Discounted to Present Value in Plaintiff's Revised Damages Calculations But Not Subject of Proof at Trial; Plaintiff's Damages Reduced to Eliminate Effect of Discounting, Which Defendant Had No Opportunity to Contest at Trial Signed by Judge Miller, G..
Filed 05/02/2008
DFARS 252.236-7010; "American Preference Policy;" Pub. L. No. 98-396; 98 Stat. 1369,1398 (1984); Post-Award Bid Protest; Temporary Restraining Order; Preliminary and Permanent Injunction; Arbitrary and Capricious Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984);10 U.S.C. § 2851(a) Signed by Judge Smith.
Filed 04/30/2008
Pre-Award Bid Protest; Post-Employment Restrictions, 18 U.S.C. § 207; Standing; Ripeness Signed by Judge Horn.
Filed 04/30/2008
Motion for Judgment Upon the Administrative Record; Air Force Board for the
Correction of Military Records; Medical Examination Board (MEB) Signed by Judge Horn.
Filed 04/29/2008
Summary Judgment; Severin Doctrine; "no damages for delay" Clause; California Public Contract Code § 7102; California Government Code § 4401 Signed by Judge Firestone.
Filed 04/29/2008
RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Twombly; Matters Outside the Pleadings; Conversion of RCFC 12(b)(6) Motion;Denial of Liability; Surety Bond; 13 C.F.R. § 115.19 Signed by Judge Sweeney.
Filed 04/29/2008
Tax; imposition of penalties for substantial understatement and negligence in reporting of federal tax on transfer of restricted stock; 26 U.S.C. ("I.R.C.") § 6662(b), (c), (d)(2000); I.R.C. § 6664(c)(1)(2000); Treas. Reg. § 1.6664-4(b)-(c)(2006) Signed by Judge Miller, C..
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