U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 11/30/2007
Trial; Breach of Housing Assistance Payment Contract by the Department of Housing and Urban Development; Termination for Default; Housing Standard: Decent, Safe and Sanitary Condition Signed by Judge Horn.
Filed 11/29/2007
Fifth Amendment Taking; Property Interest; Federal Land Policy and Management Act, 43 U.S.C. § 1761; 43 C.F.R. § 2801.3; Right-of-Way on Public Lands; Jurisdiction to Review Interior Board of Land Appeals Decision; Stay Signed by Judge Williams.
Filed 11/29/2007
Post-award bid protest; jurisdiction; Tucker Act, 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law; rational basis; violation of regulation or procedure; organizational conflicts of interest; unequal access to information creating an unfair competitive advantage; application of evaluation criteria set forth in RFQ; request for clarification; interpretation of RFQ; question of law; de novo review; price reasonableness; late proposal modification; substitution of personnel Signed by Judge Miller, G..
Filed 11/29/2007
Timeliness of petition for compensation under the Vaccine Act; 42 U.S.C. § 300aa-16(a)(2); subject matter jurisdiction; equitable tolling; application of Brockamp and Brice Signed by Judge Lettow.
Filed 11/28/2007
Motion to Dismiss; RCFC 12(b)(6); Plaintiffs, Tucker Act; Contract Disputes Act; Consideration Signed by Judge Hodges.
Filed 11/28/2007
Trial; RCFC 52(c); Breach of Contract; Differing Site Conditions; Equitable Adjustment Signed by Judge Hodges.
Filed 11/28/2007
Motion for Summary Judgment; RCFC 56; Dredging; Contract Interpretation; Delay Damages; Existence, Extent, and Reasonableness of Delay; Injury; Concurrent Delay; Disposal of Solid Waste; In-River Placement of Dredged Material Signed by Judge Sweeney.
Filed 11/26/2007
Post-Award Bid Protest; Capacity to Sue or Be Sued Signed by Judge Hewitt.
Filed 11/26/2007
Post-Award Bid Protest; Breach of Implied Duty of Fair Dealing; 28 U.S.C. § 1491(b); Jurisdiction; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Accrual Suspension Rule; RCFC 12(b)(1); RCFC 12(b)(6); Presumption of Good Faith; Hearsay; Judicial Notice Signed by Judge Williams.
Filed 11/26/2007
Post-Award Bid Protest; RCFC 52.1 Motion for Judgment on the Administrative Record; Protest of Task Order Under Federal Supply Schedule ("FSS") Contract; Standing of non-FSS Contractor; Scope of FSS Contract Signed by Judge Bruggink.
Filed 11/20/2007
Compelling deposition testimony; sanctions; deliberative process privilege; attorney-client privilege; work product doctrine; RCFC 30(b)(6); FRE 401; FRE 408 Signed by Judge Damich.
Filed 11/19/2007
Motion to dismiss, RCFC 12(b)(6); takings claims pertaining to rights under a contract Signed by Judge Miller, C..
Filed 11/19/2007
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Best Value Selection of Phase 1 Community Development and Management Awardee for Privatization of Military Family Housing at West Point; Military Housing Privatization Initiative, 10 U.S.C. § § 2871-2885 Signed by Judge Hewitt.
Filed 11/19/2007
12(b)(1); 12(b)(6); Motion to Dismiss; Sovereign Immunity; Tucker Act; Contract Disputes Act; Transfer; United States Postal Service Money Orders; 28 U.S.C. § 1491(a) Signed by Judge Smith.
Filed 11/16/2007
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations; 28 U.S.C. § 1495; 28 U.S.C. § 2513; 28 U.S.C. § 2501 Signed by Judge Hewitt.
Filed 11/15/2007
Pro se representation; Statute of Limitations; Res Judicata; Collateral Estoppel; Military pay; Disability severance pay; Medical discharge cancellation; Court-martial; 10 U.S.C. § 1203; 10 U.S.C. § 1206; 10 U.S.C. § 1212 Signed by Judge Block.
Filed 11/13/2007
Taxes; TEFRA partnership proceeding; refund of income tax; Final Partnership Administrative Adjustment; extension of three-year statute of limitations under 26 U.S.C. ("I.R.C.") § 6501(e)(1)(A) (2000), due to omission of amount includible as partnership income; extension of statute of limitations under I.R.C. § 6229(c)(2), due to substantial omission of income; adequate disclosure. Signed by Judge Miller, C..
Filed 11/13/2007
Overtime Pay for Federal Firearms Instructors; Fair Labor Standards Act; Applicablity of Professional Exemption for Teachers; Department of Labor and Office of Personnel Managemnet Regulations; Burden of Proof Signed by Judge Wheeler.
Filed 11/13/2007
Contracts; takings; Spent Nuclear Fuel cases; Nuclear Waste Policy Act of 1982, 42 U.S.C. § § 10101-10270 (2000); effect of arbitration ruling on court's jurisdiction; Assignment of Claims Act(s), 41 U.S.C. § 15, 31 U.S.C. § 3727; whether takings claim can be assigned. Signed by Judge Miller, C..
Filed 11/09/2007
Motion to Dismiss; Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Motion for Leave to Amend Complaint Signed by Judge Smith.
Pages