U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 08/02/2006
Pro Se Plaintiff; Frivolous Complaint;
Sanctions Signed by Judge Horn.
Filed 08/01/2006
Income Tax Refund Suit; Foreign Currency Translation;
Profit and Loss Method; Foreign Tax Credit; Excess Gain From Operation; Law of
the Case; Collateral Estoppel Signed by Judge Smith.
Filed 07/31/2006
Fifth Amendment Taking; Federal Crop
Insurance Corporation; Risk Management Agency; Lack of Jurisdiction; 7 U.S.C.
§ 1506(d); Transfer to U.S. District Court Signed by Judge Wheeler.
Filed 07/31/2006
Jurisdiction, 28 U.S.C. § 1508; Motion for Summary
Judgment, RCFC 56(c);
Notice of Final Partnership Administrative
Adjustment;
Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No
97-248, 96 Stat. 324, 648-71, § 402 (Sept. 3, 1982) (codified, in part, at 26
U.S.C. § § 6221-32); 26 U.S.C. § § 701, 702, 6501 Signed by Judge Braden.
Filed 07/31/2006
Changes Clause, 48 C.F.R. § 52.243-1; Claim Preparation
Costs, 48 C.F.R. § 31.205-47; Contract Disputes Act, 41 U.S.C. § § 601, et seq.;
Cost of Money, 48 C.F.R. § § 31.205-10,
9904.414-30, 9904.417-40;
Disputes
Clause, 48 C.F.R. § 52.233-1(h); Motion to Dismiss, RCFC 12(b)(1);
Tucker Act
Jurisdiction,
28 U.S.C. § 1491(a)(1);
28 U.S.C. § 2516(a) Signed by Judge Braden.
Filed 07/31/2006
Jurisdiction; Scope of Certified Claim, 41 U.S.C. §
605(a), FAR 31.205-11; RCFC 15(a) Signed by Judge Braden.
Filed 07/28/2006
Post-award Bid Protest; Override of CICA Stay;
Supplemental Determination and Findings; Consideration of Materials Outside of
the Administrative Record; Declaratory Judgment Signed by Judge Baskir.
Filed 07/28/2006
Subject matter jurisdiction; Fifth Amendment Taking;
Violation of Due Process Clause; Equal Protection Clause; Americans With
Disabilities Act; 42 U.S.C. § § 12101 et. seq.; Health Insurance Portability
& Accountability Act; 42 U.S.C. § § 1320d-5 to d-6 (2000); Privacy Act; 5
U.S.C. 552a(g)(1) Signed by Judge Williams.
Filed 07/28/2006
Military pay; Disability retirement Signed by Judge Bruggink.
Filed 07/27/2006
Public Safety Officers' Benefits Act of 1976, 42 U.S.C.
§ § 3796-3796d-7 (2000 & Supp. III 2003, as amended); Chevron and Skidmore
Deference; Serving in an Official Capacity; Serving in an Official Capacity;
Employee Status; Legislative Intent; Weight Given to Fact Findings of a State
Agency; Functioning as a Part of an Agency; Official Recognition Signed by Judge Bush.
Filed 07/27/2006
Pro Se Plaintiff; Application to Proceed In Forma
Pauperis; Three Strikes Rule of the Prison Litigation Reform Act (PLRA);
Dismissal Sua Sponte of Racketeer Influenced and Corrupt Organizations Act
Claims and Other Claims; Dismissal Sua Sponte of Claims Against Parties Other
Than the United States Signed by Judge Hewitt.
Filed 07/26/2006
Trial on stipulated facts; subject matter jurisdiction;
suretyship; equitable subrogation; sovereign immunity; payment and
performance bonds issued in accord with the Miller Act for work on the Sector
Gates Repair project in New Bedford, Massachusetts; notice to the government to
stop payment to contractor; damages Signed by Judge Lettow.
Filed 07/26/2006
Post-award bid protest; judgment on the record (former
RCFC 56.1); negotiated procurement; best value trade-off;
technical
evaluation; past performance and experience; cost variance; evaluation
of final proposal revisions; meaningful discussions; 48 C.F.R. § 15.306;
adverse past performance information; prejudice to offeror Signed by Judge Wolski.
Filed 07/26/2006
Jurisdiction; Money Mandating Statute;
Frivolous Lawsuit; Sanctions Signed by Judge Horn.
Filed 07/25/2006
Motion to dismiss; statute of limitations, 28 U.S.C. §
2501; failure to state a claim, RCFC 12(b)(6); unjust conviction and
imprisonment, 28 U.S.C. § § 1495, 2513; equitable tolling; 28 U.S.C. §
1500 Signed by Judge Wolski.
Filed 07/25/2006
Deliberative process pre-decisional
executive privilege; declaration produced in response to motion to
compel Signed by Judge Margolis.
Filed 07/25/2006
Military Pay; Involuntary Reassignment to
Non-Obligated, Non-Participating Ready Reserves; Involuntary Reassignment to
Standby Reserves; Statute of Limitations; Accrual of Cause of Action;
Equitable Tolling Signed by Judge Williams.
Filed 07/24/2006
Library of Congress' Cataloging in Publication ("CIP")
program; author's rights in a book; claim of entitlement to the benefit of
inclusion in the CIP program; motion to dismiss Signed by Judge Lettow.
Filed 07/24/2006
Small Business Act of 1958, 15 U.S.C. § 637 et seq.
(2000); Non-Manufacturer Rule; Statutory Interpretation; Interpretation of Terms
of Solicitation; Service Contract Versus Supply Contract;
Deadline for
Challenge to Terms of Solicitation; Challenge to North American Industrial
Classification System Code Assignment Signed by Judge Bush.
Filed 07/21/2006
Claim Accrual; Certified Questions of State Law; Motion
to Dismiss, RCFC 12(b)(6); Motion for Summary Judgement; RCFC 56; Statute of
Limitations. Signed by Judge Braden.
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