U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 08/30/2006
Winstar case; Assumption of Risk of Regulatory
Changes;
Motion for Reconsideration;
Summary Judgment on Liability Signed by Judge Wheeler.
Filed 08/28/2006
Summary Judgment; Motion to Dismiss; Motion to Permit Discovery Pursuant to Rule 56(f) of the Rules of the Court of Federal Claims (RCFC); Legality of Basing Contract Price Adjustment Clauses on Indexes Rather Than the Contractor's Own Prices; Legality of Basing Contract Price Adjustment Clauses on the Petroleum Marketing Monthly and Platts Oilgram Report; Whether Federal Acquisition Regulation (FAR) § 15.402 Provides a Cause of Action to Contractors; Whether the Court of Federal Claims Has Jurisdiction Over an Equal Protection Claim in This Non-Bid Protest Context; Whether the Court of Federal Claims Has Jurisdiction Over Implied-in-Fact Contract Claims of a Successful Bidder Concerning the Contract Price; Misrepresentation; Breach of Contract; Breach of the Implied Covenant of Good Faith and Fair Dealing; Failure of Consideration and Frustration of Purpose; Mistake; Implied-in-Fact Contract; Whether a Takings Claim May Be Maintained When a Contract Exists; Waiver; Estoppel Signed by Judge Hewitt.
Filed 08/25/2006
Term Special Use Permit; Equitable Consideration
for Permit Termination; Contract Disputes Act; Taking Signed by Judge Merow.
Filed 08/25/2006
Post-Award Bid Protest; Negotiated Procurement; Best Value Determination; 10 U.S.C. § 2305(b)(1); 41 U.S.C. § 253b(a); FAR 15.304(d); Cost/Technical Tradeoff; Undisclosed Evaluation Criterion; Revising Source Selection Document Does Not Prove Pretextual Award; Duty to Conduct Fair Procurement; No Prejudicial Error SYSTEMS CORP., in Procurement; Cross-motions For Judgment on Administrative Defendant-Intervenor. Record (Rule 52.1) Signed by Judge Hodges.
Filed 08/24/2006
Motion to Dismiss; 25 U.S.C. § 1779e; Attorneys' Fees;
Money-Mandating Statute; Law of the Case; Motion for Summary Judgment; Statutory
Interpretation; Rule of the Last Antecedent; Indian Canon of Construction Signed by Judge Damich.
Filed 08/23/2006
Winstar; Hearsay; Admission by Party Opponent; Federal
Rule of Evidence 801(d)(2); Proof of Agency Signed by Judge Williams.
Filed 08/23/2006
Pre-Award Bid Protest; Motion to Dismiss; Interested
Party; Sole Source Award; Injunctive Relief Signed by Judge Horn.
Filed 08/22/2006
Pro Se Plaintiff; Tort and Due Process Claims;
Frivolous Complaint; Sanctions Signed by Judge Horn.
Filed 08/22/2006
Attorney Client Privilege;
Attorney-Work Product
Privilege; Deliberative Process Privilege Signed by Judge Braden.
Filed 08/22/2006
Tucker Act; 28 U.S.C. § 1491(a)(1); Indian Tucker Act,
28 U.S.C. § 1505; Indian trust claims based upon the Appropriation Acts for
the Department of Interior in 1888, 1889, and 1890; Indian Trust Accounting
Statute; ntervention, RCFC 24(a); notice; reconsideration on retransfer of
claims originally filed in the District Court for the District of
Minnesota; consolidation; RCFC 42; issuance of summons pursuant to 41 U.S.C.
§ 114(b); sovereign immunity of Indian communities as compared to tribes or
bands; principles of agency under the Restatement (Second) of Agency Signed by Judge Lettow.
Filed 08/22/2006
Winstar Damages; Summary Judgment;
Expectancy Damages; Restitution; Reliance Damages; Genuine Issues of Material
Fact Signed by Judge Wheeler.
Filed 08/22/2006
Civilian Pay; FLSA and FEPA Overtime Pay; Tolling of
FLSA' s Limitations Period Signed by Judge Bruggink.
Filed 08/11/2006
Bid Protest; Standing; "Interested Party"; RCFC
12(b)(6); Conflict of Interest Signed by Judge Hodges.
Filed 08/11/2006
Bill of Attainder, U.S. CO NST . art. I, § 9, cl. 3;
Contracts Clause, U.S. CO NST . art. I, § 10, cl. 1; Due Process Clause, U.S. CO
NST. amend V; Federal Tort Claims Act, 28 U.S.C. § 1346(b); Illegal Exaction;
Just Compensation Clause, U.S. CONST. amend V;
Motion to Dismiss, RCFC
12(b)(1); Pro Se; Tax Refund;
Tucker Act, 28 U.S.C. § 1491; 26 U.S.C. § §
6331, 7422, 7429; 28 U.S.C. § § 1331, 1340 Signed by Judge Braden.
Filed 08/10/2006
Bid Protest; Task Order Post- Award Challenge; 28 U.S.C.
§1491(b) (2000); 41 U.S.C. §253j(d) (2000); 48 C.F.R. §16.505(a)(9) (2005);
Statutory Bar on Bid Protests of Task Orders; No Standing for a Bidder Who
Failed to Submit the Required Bid Bond Signed by Judge Bush.
Filed 08/08/2006
Winstar; FED. R. EVID. 701, 702; Hearsay; Business
Record, FED. R. EVID. 803(6); Witness Competence;
Relevance Signed by Judge Williams.
Filed 08/04/2006
Trial; Wetlands on farm property; Consent decree in
enforcement action under the Clean Water Act; Fifth Amendment;
Regulatory takings; Parcel as a whole; Categorical taking; Partial regulatory
taking; Penn-Central factors; Economic impact; Reasonable
investment-backed expectations; Character of government action; Physical
takings; Impact of consent decree; Limitations on use of property properly
considered as regulatory takings; Conservation easement; No taking found Signed by Judge Allegra.
Filed 08/03/2006
False Claims Act; Qui Tam Suits; Lack of Subject
Matter Jurisdiction Signed by Judge Wheeler.
Filed 08/03/2006
Excise Tax, 26 U.S.C. § § 4251, 4252; Illegal Exaction;
Implied Contract; Motion to Dismiss, RCFC 12(b)(1);
RESTATEMENT (SECOND) OF
CONTRACTS, § 346 cmt. 2; Takings Clause, U.S. CONST. amend V; Uniformity
Clause, U.S. CONST. art I, § 8, cl. 1 Signed by Judge Braden.
Filed 08/02/2006
Motion for Judgment Upon the Administrative
Record; Public Safety Officers' Death Benefits Act, 42 U.S.C.
§ § 3796-3796c, employee of private contractor Signed by Judge Horn.
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