U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 12/08/2005
Post-Award Bid Protest;
Judgment Upon
the Administrative Record; Nonresponsive Bid Signed by Judge Horn.
Filed 12/08/2005
National Childhood Vaccine Injury Act; Non-Table Injury;
Multiple Vaccinations; Causation; Expert Credibility Signed by Judge Firestone.
Filed 12/08/2005
Motion to Dismiss or to Strike; Untimeliness of Motion
for Review; National Childhood Vaccine Injury Act of 1986, codified as amended
at 42 U.S.C. § § 300aa-1 to 300aa-34 (2000 & Supp. 2003) (Vaccine Act); RCFC
60(b); RCFC App. B, Vaccine Rule 23 Signed by Judge Hewitt.
Filed 12/08/2005
Bid Protest; Small Business Administration ("SBA") -
Size Determination; Exhaustion of Administrative Remedies; Justiciability;
13
C.F.R. § 121.404(g);
13 C.F.R. § 121.405(a) Signed by Judge Firestone.
Filed 12/07/2005
Deselection bid protest;
cross-motions for judgment upon the administrative record; multiple-award
contracts with the Government Printing Office for development of electronic
passport covers, preparation and testing of prototypical covers, and production
of such covers; equitable relief Signed by Judge Lettow.
Filed 12/07/2005
Motion for summary judgment, Rule 56, Federal Wage
System, back pay, "high work," Prevailing Rate Systems Act, Environmental
Differential Pay, "high pay," collective bargaining agreement, waiver of
employees' right to judicial remedy, effect of 1994 amendment to Civil Service
Reform Act of 1978, accord and satisfaction, meeting of the minds,
consideration Signed by Judge Miller, G..
Filed 12/07/2005
Breach of contract damages; summary judgment;
independent and collateral undertakings; proximate cause; lost profits;
foreseeability; Geothermal Steam Act of 1970; restitution Signed by Judge Wolski.
Filed 12/06/2005
Motion to dismiss; Subject-matter jurisdiction;
Motion to transfer; 28 U.S.C. § 1631; Federal Tort Claims Act,
28 U.S.C. § 1346(b); Federally Supported Health Centers Assistance Act,
42 U.S.C. § 233; Americans with Disabilities Act, 42 U.S.C. § 12182;
Rehabilitation Act, 29 U.S.C. § 794 Signed by Judge Lettow.
Filed 12/05/2005
Tax—The requirement set forth in IRS Form 872-A that an
extension of the statute of limitations applicable to a tax year shall end "on
the overassessment date of a decrease in . . . tax that reflects the final
determination of tax and the final administrative appeals consideration" is
satisfied where the facts show that (i) the taxpayer and the IRS entered into an
agreement (Form 870-AD) pursuant to which the taxpayer consented to the
assessment and collection of a proposed deficiency while reserving the right to
seek a refund solely on certain enumerated grounds, (ii) the agreement
contained language of finality and the IRS simultaneously advised the
taxpayer that it was closing its file "on the basis agreed upon," and (iii) the
IRS later issued a refund on the basis of the rights reserved by the
taxpayer Signed by Judge Wiese.
Filed 11/30/2005
Motion to Dismiss for Lack of Jurisdiction; RCFC
12(b)(1); Whether the Court has Jurisdiction of Claims Under the Fifth
Amendment Due Process Clause and Claims for Alleged Illegal Acts of the IRS,
Including Fraud; Whether IRS Form 1040 is a Contract; Whether Collection of
Taxes is a Fifth Amendment Taking;
Whether Transfer to the United States Tax
Court is authorized by 28 U.S.C. § § 1631 and 610 Signed by Judge Hewitt.
Filed 11/30/2005
Just Compensation Clause,
U.S. Const. amend. V, cl.
4;
Nuclear Waste Policy Act,
42 U.S.C. § § 10101, et seq.;
Motion to
Dismiss, RCFC 12(b)(6) Signed by Judge Braden.
Filed 11/30/2005
Breach of Contract;
Court-Appointed Expert, FED. R.
EVID. 706;
Duty of Good Faith and Fair Dealing; Economic
Duress;
RESTATEMENT (SECOND) CONTRACTS (1981) Signed by Judge Braden.
Filed 11/30/2005
Bid and Proposal Costs; Cost Accounting
Standards, 48 C.F.R. § § 9904.402, 404, 409, 418, 420; Cost Allocability; Cost
Allowability; Federal Acquisition Regulations, 48 C.F.R. § § 31.205-11, 18, 25,
40; Independent Research and Development Costs; RCFC 12(b)(6); RCFC 56(b) Signed by Judge Braden.
Filed 11/30/2005
Agricultural Quarantine Inspection User Fee, 21 U.S.C. §
136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq.; Motion to
Dismiss, RCFC 12(b)(1), (6);
Motion for Summary Judgment, RCFC 56(c) Signed by Judge Braden.
Filed 11/29/2005
Post-Award Bid Protest; Competition in Contracting Act;
31 U.S.C. § 3553 Automatic Stay; Override; Best Interests of the United
States; Urgent and Compelling Circumstances; Arbitrary and Capricious Review;
Electromagnetic Spectrum Allocation; Rule 56.1 Versus Summary Judgment;
Standard of Review; Administrative Record Signed by Judge Block.
Filed 11/29/2005
Post-award bid protest; Cross-motions for judgment on the
administrative record; Bannum - standard for reviewing motion for judgment on
the administrative record; Price realism analysis; Offeror's failure to
respond adequately to agency requests for information relating to price
realism analysis; Elimination from competitive range; FAR § 15.403-(a)(4);
Agency's actions not arbitrary, capricious or contrary to law; Injunctive
relief denied Signed by Judge Allegra.
Filed 11/23/2005
Post-award bid protest; arbitrary evaluation process;
re-procurement; declaratory and injunctive relief Signed by Judge Wolski.
Filed 11/17/2005
Summary Judgment; Outer Continental Shelf Oil and
Gas Leasing; Anticipatory Repudiation; Restitution ; Outer Continental
Shelf Lands Act; 1990 Amendment to the Coastal Zone Management Act,
16 U.S.C. § 1456(c)(1); Sovereign Acts Doctrine; Unmistakability
Doctrine; Waiver; Assignability of
Claims Signed by Judge Bruggink.
Filed 11/16/2005
Petition for Habeas Corpus; Injunction of IRS
Collection Activities; Anti-Injunction Act; Subject Matter Jurisdiction; Sua
Sponte Dismissal; Pro Se Plaintiff; Ledford v. United States, 297 F.3d 1378
(Fed. Cir. 2002) Signed by Judge Block.
Filed 11/15/2005
Motions to Dismiss and for Summary Judgment; Whether
Fair Labor Standards Act (FLSA) Claims Are Barred by the Statute of
Limitations; Whether Federal Employee Pay Act (FEPA) Claim Must be Dismissed for
Failure to Demonstrate that the Claimed Overtime Was Approved in Writing;
Whether the Position of CU-11 Credit Union Examiner is FLSA-Exempt; Whether
Certain Travel Expense Claims Were Properly Denied Signed by Judge Hewitt.
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