U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 10/13/2004
Post-award override protest;Standard of Review Signed by Judge Merow.
Filed 10/13/2004
Post-Award Bid Protest; Cross-Motions for Summary
Judgment; Jurisdiction;
Randolph-Sheppard Act; Exhaustion of Remedies Signed by Judge Block.
Filed 10/12/2004
Post-Award Bid Protest; Injunctive Relief; Motion
for Judgment on the Administrative Record; Proposal Evaluation Signed by Judge Horn.
Filed 10/07/2004
Tax Refund; Cross-Motions for Summary Judgment;
Statutory Interpretation; McCarran-Ferguson Act, 15 U.S.C. §1012(b); Tax
Liability of Insolvent Life Insurance Company, 26 U.S.C. § 815 Signed by Judge Horn.
Filed 10/06/2004
Motion to Dismiss; Subject Matter
Jurisdiction;
Military Pay; 28 U.S.C. §2501; 37 U.S.C. § 204 Signed by Judge Bruggink.
Filed 10/05/2004
Winstar; FIRREA; breach of contract damages; real party
in interest; Assignment of Claims Act, 31 U.S.C. §3727; RCFC 17; RCFC 15 Signed by Judge Miller, G..
Filed 10/05/2004
Worthless Security (IRC § 165(g));
Statute of
Limitations (IRC § 6511(d)(1)) Signed by Judge Firestone.
Filed 10/04/2004
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES
Takings; transfer pursuant to 28 U.S.C. § 1631
(2000); statute of limitations, 28 U.S.C. § 2501 (2000); whether statute of
limitations precludes jurisdiction for a claim ordered to be transferred
when order of transfer and filing in transferee
court occur ten years
later; whether contract cause of action on same facts can be added after
transfer of takings claim; law of the case Signed by Judge Miller, C..
Filed 10/03/2004
Taking; Summary Judgment; Motion for Reconsideration;
Relevant Parcel; Valuation of Timber; Expert Reports; Penn Central Test;
Reasonableness of Investment-Backed Expectations Signed by Judge Hewitt.
Filed 09/30/2004
Tax refund, Federal Income Contribution Act, FICA,
Federal Unemployment Tax Act, FUTA, common law employer, statutory employer,
I.R.C. § 3401(d), computation of wage base, deference to IRS's
administrative practice and interpretation of Internal Revenue Code Signed by Judge Miller, G..
Filed 09/30/2004
Winstar-related case; contract formation; mutual intent
to contract; contract modification;
substituted contract Signed by Judge Lettow.
Filed 09/30/2004
Motion for summary judgment; accord and satisfaction;
meeting of the minds; competent parties;
consideration; FLSA;
overtime compensation; union Signed by Judge Damich.
Filed 09/30/2004
Motion to Strike; FRE 408; Settlement; Spent Nuclear
Fuel;
Rate of Acceptance Signed by Judge Damich.
Filed 09/30/2004
Post-Award Bid Protest; Injunctive Relief; Late
Proposal;
FAR 52.215-1 Signed by Judge Horn.
Filed 09/29/2004
Taking; pleading and practice; criminal
procedure Rule 41; transfer pursuant to 28 U.S.C. § 1631(2000) Signed by Judge Yock.
Filed 09/29/2004
Breach of Contract; Meeting of Minds; Authority to
Contract;
Ratification; Release of Claims; Third Party Beneficiary Signed by Judge Horn.
Filed 09/29/2004
Discovery; e-mail; privileged communications;
attorney-client; work product Signed by Judge Hewitt.
Filed 09/28/2004
Summary judgment; Miller Act surety; No contractual
relationship between surety and government; No right to
equitable subrogation; National Surety distinguished; Contract did not
mandate retainages; No abuse of discretion in making progress payments to
contractor; General reliance on fiduciary or equitable duties rejected Signed by Judge Allegra.
Filed 09/28/2004
Summary Judgment; Breach of Contract; Third-Party
Beneficiary; Implied in Fact Contract; Government Agent Authority to Bind
United States Signed by Judge Block.
Filed 09/24/2004
RCFC 12(b)(1), RCFC 12(b)(6), Tucker Act, 28 U.S.C. §
1491, Student Loan Repayment Program, Enlistment Contract, Army
Regulation 135-7, Military Pay Signed by Judge Miller, G..
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