U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 06/14/2006
Trial; Patent infringement case; Acid mine drainage
treatment; Literal infringement; Doctrine of equivalents; Portable interim
treatment system; Absence of licensing requirement; Integration clause;
Modification of purchased item not infringement; Unilateral intention of
patentee not controlling; Key elements of patent claims missing in other water
treatment facilities; Infringement not demonstrated Signed by Judge Allegra.
Filed 06/14/2006
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000);
unclean hands Signed by Judge Miller, C..
Filed 06/13/2006
Motion for Joinder (RCFC 19(a));Motion for Consolidation
(RCFC 40.2); Necessary Party; Complete Relief; Inconsistent
Obligations;
Judicial Economy Signed by Judge Wheeler.
Filed 06/13/2006
Claims for mishandling property located at a facility
subject to a removal action conducted by the Environmental Protection Agency
under the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. § § 9601-9675; tort claims; jurisdiction under the
Tucker Act, 28 U.S.C. § 1491; transfer; 28 U.S.C. § 1631 Signed by Judge Lettow.
Filed 06/13/2006
Conservation Reserve Program; Statute of limitations
under 28 U.S.C. § 2501; Production Flexibility Contract; Failure to exhaust
administrative appeals under 7 U.S.C. § 6912(e) and 7 C.F.R. § 11.13(b) goes
to the sufficiency of the claim asserted Signed by Judge Damich.
Filed 06/09/2006
Jurisdiction; Contract Disputes Act; 41 U.S.C. § 601 et.
seq.; Blanket Purchase Agreement; Purchase Order Vendor Signed by Judge Williams.
Filed 06/09/2006
Winstar-related case; trial on damages; return of
required contributions; Financial Institution Reform, Recovery, and Enforcement
Act;
material, substantial and total breach; offsets; tax gross-up;
assumption of risk of regulatory change Signed by Judge Merow.
Filed 06/08/2006
Military Incentive Awards Program, 10 U.S.C. § 1124;
Failure to Allege a Money-Mandating Claim; Quantum
Meruit Signed by Judge Firestone.
Filed 06/07/2006
Bid Protest; Proposed Agency Corrective Action; Need For
Competition in Reopening Negotiations; Effect of SBA Office of Hearings &
Appeals Decision Reinstating Offeror As Eligible Small Business Signed by Judge Wheeler.
Filed 06/05/2006
Rural housing contracts administered by the Farmer's
Home Administration; prepayment rights; restriction of those
rights by the
Emergency Low Income Housing Preservation Act of 1987 and the Housing and
Community Development Act of 1992; breach of contract Signed by Judge Lettow.
Filed 06/02/2006
Bailment contract, Government employees' express and
implied contracting authority, contract ratification, duties of various State
Department officials Signed by Judge Baskir.
Filed 06/02/2006
Equitable Subrogation; Payment Bond Surety; Summary
Judgment Signed by Judge Firestone.
Filed 06/01/2006
Breach of contract; assignment of claims;
Anti-Assignment Act; privity of contract Signed by Judge Baskir.
Filed 06/01/2006
Military Pay, Motion to Dismiss; RCFC 12(b)(1); RCFC
12(b)(6); 28 U.S.C. § 1491; Pro se Plaintiff; Equitable Relief; Remand to Board
for Correction of Military Records for the U.S. Coast Guard Signed by Judge Wheeler.
Filed 05/31/2006
Administrative Procedure Act; 5 U.S.C. § § 701, et seq.;
Duty of Good Faith, Fair Dealing, and Honest Consideration; Motion for Judgment
on the Administrative Record, RCFC 56.1; Motion to Supplement the Administrative
Record; Post-Award Bid Protest, 28 U.S.C. § § 1491(a)(1), (b)(1);
RESTATEME NT
(SECOND) OF CONTRACTS § 205;
10 U.S.C. § § 2305(b)(1), (4)(c); 48 C.F.R. § §
15.303(b)(6), 15.305(a)(2), 15.308 Signed by Judge Braden.
Filed 05/31/2006
Department of Energy Organization Act, 91 Stat. 565
(1977); Freedom of Information Act, 5 U.S.C. § 551, et seq.; Jurisdiction;
Motion to Dismiss, RCFC 12(b)(1), 12 (b)(6); National Defense Authorization Act,
10 U.S.C. § 7420, et seq.; Naval Petroleum Reserves Production Act of 1976, 90
Stat. 303 (1976) Signed by Judge Braden.
Filed 05/31/2006
Termination for Convenience; Bad Faith; Retaliation;
Disputed Issues of Fact Signed by Judge Firestone.
Filed 05/30/2006
Summary Judgment; Contract; Implied-in-Fact Agreement;
Authority of Agent to Bind the United States; Ratification; Motion to Dismiss;
Absence of Jurisdiction Where Plaintiff Is Not in Privity of Contract with the
United States Signed by Judge Hewitt.
Filed 05/26/2006
Fifth Amendment Taking: The effect of statutory
restrictions on a contract right to prepay a federally insured mortgage as
set forth in the Emergency Low Income Housing Preservation Act of 1987
("ELIHPA"), 12 U.S.C. § 1715l note, and the Low-Income Housing Preservation
and Resident Homeownership Act of 1990 ("LIHPRHA"), 12 U.S.C. § § 4101- 4124.
Ripeness of Claim: (i) A litigant is not required to pursue a
final administrative determination that could not, on the facts of the case,
have been decided in his favor in order to ripen his claim; (ii) a statutory
provision allowing the sale of a property in lieu of mortgage prepayment does
not qualify as a compensation mechanism given in exchange for statutory
restrictions. Regulatory Taking: Application of the Penn Central factor - the
character of the government's action, the economic impact of that action, and
the reasonableness of the investmentbacked expectations - precludes a finding
of a taking where the economic impact is insubstantial and outweighs the
other factors. Signed by Judge Wiese.
Filed 05/26/2006
Contracts; Winstar case; remand; damages for breach of
contract; expectancy damages; sale of division; conversion proceeds; tax
gross-up Signed by Judge Miller, C..
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