U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 10/30/2006
Motion to Dismiss for Lack of Jurisdiction; RCFC
12(b)(1); Statute of Limitations; Effect of Earlier Filed Suit on Statute of
Limitations; Continuing Claim Doctrine; Additional Briefing on Compliance of
Notice with
Law Signed by Judge Hewitt.
Filed 10/27/2006
Tax Refund Suit; Government Counterclaim for Additional
Interest; Settlement Through Tax Court Stipulation and IRS Form 906
Agreement Signed by Judge Wheeler.
Filed 10/27/2006
Post-Award Bid Protest; Standing; Multiple
Indefinite Delivery/Indefinite Quantity Contracts; Task Order
Protest Signed by Judge Horn.
Filed 10/26/2006
Pro Se Plaintiff; In Forma Pauperis; Improper
Defendants; Tort Claims; Constitutional Claims; Civil Rights Claims; Breach of
Contract; Injunction Relief Signed by Judge Horn.
Filed 10/26/2006
Contracts;Equitable Adjustment; Constructive Change
Doctrine; Summary Judgment; Burden on Nonmovant; Defective Specifications;
Misrepresentation; Reasonableness of Contractor Action in Response to
Direction
by the Government Signed by Judge Bush.
Filed 10/26/2006
Motion for preliminary injunction; Automatic stay
imposed by Competition in Contracting Act of 1984; Override decision under 31
U.S.C. § 3553(d)(3)(C); Jurisdiction to review under 28 U.S.C. § 1491(b);
Likelihood of success on the merits; Rationale for override decision appears
arbitrary and capricious; Other conditions for preliminary injunctive relief
met; Preliminary injunction enjoining performance issued. Signed by Judge Allegra.
Filed 10/23/2006
Temporary Restraining Order; Post-Award Bid Protest;
Preliminary Injunction; Substantial Likelihood of Success on
the
Merits Signed by Judge Hodges.
Filed 10/23/2006
Prompt Payment Act, 31 U.S.C. § 3901, Contract Disputes
Act, 41 U.S.C. § 601, interest penalty, late payment, amount of payment in
dispute, compliance with contract Signed by Judge Baskir.
Filed 10/19/2006
VERMONT YANKEE NUCLEAR POWER CORPORATION, and ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al., v. UNITED STATES OF AMERICA
(02-898C & 03-2663C)
Spent Nuclear Fuel Case; Partial Breach of Contract;
Summary Judgment on Liability; Validity of Assignments Upon Sale and
Transfer; Obligation to Pay One-Time Fee
Signed by Judge Wheeler.
Filed 10/18/2006
Post-award bid protest; Motion for judgment on the
administrative record; Bannum - difference between motion for judgment on the
administrative record and motion for summary judgment; No ambiguity in final
proposal revision; Effect of ambiguity on contract formation; Responsiveness;
Agency action not arbitrary, capricious or otherwise contrary to law; Relief
denied Signed by Judge Allegra.
Filed 10/17/2006
Proprietary information; trade secret; umbrella or
blanket protective order; issue preclusion Signed by Judge Damich.
Filed 10/13/2006
Spent Nuclear Fuel Case; Trial of Liability and Damages
for Partial Breach of Contract; Nuclear Waste Policy Act of 1982, Pub. L. No.
97-425, 96 Stat. 2201 Signed by Judge Hewitt.
Filed 10/13/2006
RCFC 12(b)(1); RCFC 12(b)(6); Statute of Limitations, 28
U.S.C. § 2501; Settlement Agreements; Title VII of the Civil Rights Act of
1964, 42 U.S.C. § § 2000e to 2000e-17; Breach of Contract; Equitable Relief;
Transfer, 28 U.S.C. § 1631 Signed by Judge Sweeney.
Filed 10/13/2006
Trial, Construction Case, Compact of Free Association,
Corps of Engineers; 48 CFR § 15.306(d) Competitive Range, 48 CFR § 15.406-3
Documenting the Negotiation, SCC-1 Weather Clause, Embankment Clause; Defective
Specifications, Delay Claims, Fraud Counterclaims, Earthwork Specifications,
Time Extensions for Unusually Severe Weather (SCC-1), Post-Closing
Amendments, Superior Knowledge, Design Specifications; Performance
Specifications, Impossibility, Misrepresentation, Credibility, Critical Path,
Fraud in the Inducement, Special Plea in Fraud (28 U.S.C. § 2514), CDA Fraud
Statute (41 U.S.C. § 604), False Claims Act (31 U.S.C. § 3729), Measured Mile;
Rebuttal Case, Cost Accounting Standards; FAR 31.105(d)(2)(I), Corps Manual
(Construction Equipment Ownership and Operating Expense Schedule), Damages,
Negotiating Ploy; CDA Costs Attributable to Reviewing Fraudulent Claim;
Partial Judgement Signed by Judge Hodges.
Filed 10/12/2006
IRC § § 6672, 4251, and 7501; "Collection Agent" Under
the Color of Law Signed by Judge Firestone.
Filed 10/11/2006
Winstar-related case; Motion to Dismiss; RCFC 12(b)(1);
Subject Matter Jurisdiction; 12 U.S.C. § 1821(d)(11)(A); FDIC-Receiver Signed by Judge Smith.
Filed 10/11/2006
Motion to Dismiss; Statute of Limitations; Military
Discharge; "Half-a-Loaf" Doctrine; Military pay Signed by Judge Smith.
Filed 10/11/2006
Damages; Tax Gross Up; Net Receivership Claims Signed by Judge Smith.
Filed 10/06/2006
Term Special Use Permit; Equitable Consideration
for Permit Termination; Contract Disputes Act; Taking Signed by Judge Merow.
Filed 10/05/2006
Motion for Reconsideration; Transfer; Pro Se
Plaintiff; Application to Proceed In Forma Pauperis; Three Strikes Rule of
the Prison Litigation Reform Act (PLRA); Allegation of Serious Physical
Injury Raised for the First Time on Reconsideration; Lack of Evidence or
Explanation to Support Allegation of Serious Physical Injury; Defamation and
Libel Claims Signed by Judge Hewitt.
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