U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 06/30/2005
Winstar, mitigation,
causation, foreseeability, reasonable certainty, damages, lost interest tax
shield, lost enterprise value, transaction costs Signed by Judge Miller, G..
Filed 06/30/2005
Certified Question of Law,
N.M. R. APP. P.
12-607;
Mining Act of 1866,
43 U.S.C. § § 661, et seq.;
Motion to
Dismiss;
Takings Clause of The Fifth
Amendment to the United States
Constitution;
Tucker Act, 28 U.S.C. § 1491(a)(1); 43 U.S.C. § 1752(g); 42
C.F.R. § 41000.0-5; RCFC 8(e);
RCFC 12(b), (e) Signed by Judge Braden.
Filed 06/30/2005
Accrual of Income;
"All Events Test;" Summary
Judgment;
26 U.S.C. § § 446(a), (b), (c); 26 U.S.C. § § 801, et seq.; 26 C.F.R.
§ 1.451-1(a); 26 C.F.R. § 1.446-1(c)(1)(ii);RCFC 56(c) Signed by Judge Braden.
Filed 06/30/2005
Motion to dismiss; statute of limitations; lack of
subject matter jurisdiction; Survivor Benefit Plan; military pay; continuing
claims doctrine; accrual; 28 U.S.C. § 2501;
10 U.S.C. § § 1447-55 Signed by Judge Damich.
Filed 06/29/2005
Contract Disputes Act, 41 U.S.C. § § 601 et seq.;
Federal Tort Claims Act, 28 U.S.C. § § 2671 et seq.; Housing and
Urban Development Reform Act, 42 U.S.C. § 3545;
Jurisdiction; Lead-Based
Paint Poisoning Prevention Act, 42 U.S.C. § § 4821 et seq.; Pro Se; Residential
Lead-Based Paint Reduction Act of 1992, 42 U.S.C. § § 4851 et seq.; Toxic
Substances Control Act, 15 U.S.C. § § 2601 et seq.; Tucker Act, 28 U.S.C. §
1491(a); 28 U.S.C. § 1346(b); 28 U.S.C. § 1631; RCFC 5.2(a)(1)(A); 5.3(d);
12(b)(1); 12(b)(6); 56(c); 24 C.F.R. § § 35.815, 35.820, 35.830, 35.86; 28 C.F.R.
§ 14.2(a);
40 C.F.R. § § 35.500, 745.100 Signed by Judge Braden.
Filed 06/28/2005
Illegal exaction; Cross-motions for summary judgment;
Intellectual Property Clause,
U.S. CONST. art. I, § 8, cl. 8; Patents; Patent
fees; Necessary and Proper Clause; Rational basis standard;
Appropriations Signed by Judge Futey.
Filed 06/28/2005
Segment Closing Adjustment, Cost Accounting Standard
("CAS") 413, 48 C.F.R. § 9904.413; Federal Acquisition Regulation ("FAR") Cost
Principle, 48 C.F.R. § 31.205-6(j);
Limitation of Funds and Limitation of
Cost Clauses, 48 C.F.R. § 52.232;
Release of Claims, 48 C.F.R. §
52.216-7(b)(2) Signed by Judge Firestone.
Filed 06/27/2005
Breach of contract; summary judgment;
contract
interpretation; implied covenant of good faith and fair dealing; duty to
cooperate; duty not to hinder performance;
presumptions of regularity and
good faith; standard of proof; effect of Government audit of Contract
Disputes Act claim; equitable adjustment for constructive change; wrongful
termination Signed by Judge Wolski.
Filed 06/24/2005
Military Pay Case; Request for the Correction of
Military Records; Disability Ratings, 38 C.F.R. § 4;
Analogous Ratings, 38
C.F.R. § 4.20; Scope of Voluntary Waiver; Medical Discharge; Physical
Examination Board;
Board for the Correction of Naval Records Signed by Judge Hodges.
Filed 06/23/2005
Anti-Injunction Act, 42 U.S.C. §
7421(a);
Jurisdiction; Motion to Dismiss; Pro se; 26 U.S.C. § § 6011(a),
6012(a), 6072(a), 6213, 6651(a), 6654(a), 7422(a); 28 U.S.C. § § 1346(a)(1),
1491(a)(1); 46 U.S.C. § 741 et seq.; 46 U.S.C. § 781 et seq.;
RCFC 9(h)(6);
RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Braden.
Filed 06/23/2005
Certification to State Supreme Court; Railroad
Right-of-Way; Easement versus Fee Simple Signed by Judge Horn.
Filed 06/23/2005
Military Back Pay; Cross-Motions for
Summary Judgment; Secretary of Navy Instruction 1730.8; Religious Accommodation; Harmless Error Analysis; Sanctuary Provision 10 U.S.C. §
1176 Signed by Judge Futey.
Filed 06/23/2005
Cross-Motions for Summary Judgment; Administrative and
Professional Exemptions to the Overtime Provisions of the Fair Labor Standards
Act, 29 U.S.C. § § 201-219 Signed by Judge Horn.
Filed 06/23/2005
Takings; Motion for Partial Summary Judgment; Rule 56;
Period of Claim Examination; Date for Measure of High Water Mark Signed by Judge Hewitt.
Filed 06/20/2005
Contract for Sale of Timber; Catastrophe affected
Timber; Consultations; Implied Duties to Cooperate and Not to Hinder; Risk
of Loss Signed by Judge Bruggink.
Filed 06/17/2005
Spent nuclear fuel; subject-matter jurisdiction;
motion for reconsideration; standard of review; interlocutory orders;
RCFC
54, 59; FRCP 54, 59; law of the case doctrine Signed by Judge Baskir.
Filed 06/16/2005
10 U.S.C. § 628(b);
10 U.S.C. § 1552;
Officer's
Nonselection for Promotion; Remedy for Illegal Instructions to
Promotion Boards; Board for Correction of Military Records; Special Selection
Boards; Remand to Secretary of the Air Force; Harmless Error Test Signed by Judge Williams.
Filed 06/15/2005
Temporary Restraining Order; Unreasonably Low
Price Signed by Judge Firestone.
Filed 06/15/2005
Taking; Motion to Dismiss;
Statute of Limitations;
Accrual of Physical Taking at Time of Physical Possession Signed by Judge Hewitt.
Filed 06/15/2005
Motion to dismiss; military pay; retirement benefits;
voluntary resignation; failure to state a claim;
duress; coercion; government
deception or misrepresentation;
mental incompetence; subject matter
jurisdiction; 10 U.S.C. § 1552; Military Pay Act, 37 U.S.C. § 204; ineffective assistance of counsel Signed by Judge Damich.
Pages