U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
Filed 12/21/2004
Motion to dismiss; military pay; retirement benefits;
res judicata; identity of parties; privity; final judgment on the merits;
same transactional facts; Survivor Benefit Plan; subject matter
jurisdiction;money presently owed Signed by Judge Damich.
Filed 12/20/2004
Military pay; pro se; Tucker Act, 28 U.S.C. § 1491(a)(1)
(2000); whether waiver of hearing before disability board constitutes
waiver of judicial review Signed by Judge Miller, C..
Filed 12/17/2004
Pre-award Bid Protest;
Small Business Act, Section
8(a) Small Business's Standing to Challenge Award To Another Section 8(a)
Firm Signed by Judge Gibson.
Filed 12/17/2004
Motion for Summary Judgment; Guaranteed Minimum
Quantity;
Constructive Change Signed by Judge Horn.
Filed 12/15/2004
Trial; Navy building renovation and repair contract;
liquidated damages; standard for remitting liquidated damages
where
concurrent and sequential delays; United Engineering limited in light
of subsequent Supreme Court decision in Robinson; Sauer followed; defective
window specifications; extent of impact; allocation; delay damages Signed by Judge Allegra.
Filed 12/15/2004
SOUTHWEST INVESTMENT COMPANY,INC., On Behalf of Itself and On Behalf of FIRST LOUISIANA FEDERAL SAVINGS BANK, v. THE UNITED STATES
Summary Judgment - Material Factual Dispute; Restitution
damages; Benefit conferred - "value of time."
Signed by Judge Baskir.
Filed 12/13/2004
Alternative Dispute Resolution; Doctrine of Laches;
Doctrine of Res Judicata; Jurisdiction;
Statute of Limitations;
CFCR
11(c)(1)(B) Signed by Judge Braden.
Filed 12/13/2004
Standing; State Action Doctrine; Substantial Chance
Doctrine;
The Competition in Contracting Act, 10 U.S.C. § § 2304(c)(1),
2304(c)(5), 2305(b)(3);The Resource Conservation, and Recovery Act of
1976,
42 U.S.C. § 6961; The Sherman Act, 15 U.S.C. § 2; The Tucker Act, 28
U.S.C. § 1491(b)(1); The Small Business
Reauthorization Act of 1997, 15
U.S.C. § 657a Signed by Judge Braden.
Filed 12/10/2004
Military pay, retroactive promotion, 10 U.S.C. § 628, 10
U.S.C. § 1552, Tucker Act, subject matter jurisdiction, Corrections Board,
Special Selection Board, 28 U.S.C. § 1631 Signed by Judge Miller, G..
Filed 12/10/2004
Trial; Fifth Amendment Takings Claim; Categorical
Taking;Lucas; Regulatory Takings Claim; Wetlands Delineation;Section 404 permit
to fill wetlands under the Clean Water Act; Penn Central
Factors;
Reasonable-Investment-Backed Expectations; Palazzolo distinguished;
Economic Injury;Character of Governmental Action Signed by Judge Bush.
Filed 12/09/2004
Rules 17(a) and 83.1(c)(8) of the Rules of the United
States Court of Federal Claims; Real Party in Interest;
Corporate
Representation; Corporate Dissolution, Transfer of Assets, and
Shareholder Derivative Claims under Oregon Law
Signed by Judge Hewitt.
Filed 12/08/2004
Contracts; trailer lease; necessary repairs
during and at the end of the contract; breach of contract; damages; real
party in interest Signed by Judge Margolis.
Filed 12/07/2004
Work product doctrine;
restrictions on disclosure of
counsel's voluntary interviews of former officials of the opposing party
to counsel for that party; Privacy Act, 5 U.S.C. § 552a; Rule 4.2 of the
Model Rules of Professional Conduct;
admissions by a party-opponent;
Fed. R. Evid. 801(d)(2)(D); use of depositions at trial; RCFC 32(a)(2);
RCFC 30(b)(6)
Signed by Judge Lettow.
Filed 12/07/2004
National Childhood Vaccine Injury Act, 42 U.S.C. § 300
aa-1 et seq.; hepatitis B vaccination; rheumatoid arthritis;
causation-in-fact; preponderance of evidence; Review of Special Master's
Decision Signed by Judge Merow.
Filed 12/03/2004
Breach of contract; cross-motions for
summary judgment; RCFC 56; laches; contract novation; contract
interpretation
Signed by Judge Lettow.
Filed 12/01/2004
Motion for Reconsideration Pursuant to RCFC
59;
Private Revenue Rulings As Precedent
Signed by Judge Gibson.
Filed 11/30/2004
Certification for interlocutory appeal;
28 U.S.C. §
1292(d)(2) Signed by Judge Lettow.
Filed 11/30/2004
Civil Service Reform Act of 1978; Justiciability; Pro
Se; RCFC 12(b)(1); Subject Matter Jurisdiction Signed by Judge Braden.
Filed 11/30/2004
Ancillary Equitable Relief;
Pro Se; RCFC
12(b)(1);
Seventh Amendment to the
United States Constitution;
Subject
Matter Jurisdiction;
Tucker Act; 28 U.S.C. § § 1491(a)(1) and (a)(2) Signed by Judge Braden.
Filed 11/24/2004
Pre-award bid protest;
R.C.F.C. 60(b)(5); Permanent
injunction and declaratory judgment modified where no longer equitable for
judgment to have prospective application Signed by Judge Williams.
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