| 04/23/2013 | Lettow | SYSTEM FUELS, INC., et al. V. UNITED STATES [03-2623C] | Post-trial decision in a remanded case involving the Standard Contract for pickup of spent nuclear fuel; application of the 1987 industry-wide acceptance rate; causation; costs of mitigation for partial breach; avoided costs |
| 04/19/2013 | Wheeler | CMS CONTRACT MANAGEMENT SERVICES, ET AL. V. THE UNITED STATES [12-852C] | Pre-award Bid Protests; Project-based HUD Section 8 Housing Assistance Program; Procurement Contracts Contrasted With Cooperative Agreements; 31 U.S.C. §§ 6301 - 6308; Applicability of Competition in Contracting Act and Federal Acquisition Regulation; Ana |
| 04/18/2013 | Horn | OASIS INTERNATIONAL WATERS, INC. V. UNITED STATES [10-707C] | Attorney-Client Privilege; Waiver; Federal Rule of Evidence 502; Clawback Order |
| 04/18/2013 | Sweeney | BRISTOL BAY AREA HEALTH CORPORATION V. THE UNITED STATES [07-725C] | Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 (“ISDEAA”); RCFC 12(b)(1), 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103; Tolling; Indirect Contract Support Costs; Res Judicata |
| 04/17/2013 | Block | STATE OF NORTH CAROLINA BUSINESS ENTERPRISES PROGRAM, et. al. V. UNITED STATES OF AMERICA [12-459C] | Pre-award bid protest; Motion to supplement administrative record; Standing; Prejudice |
| 04/16/2013 | Hewitt | CANVS CORPORATION V. THE UNITED STATES [10-540C] | Motion to Reconsider Order of Dismissal of Patent Claims for Failure to Prosecute; RCFC 41(b); Motion to Reconsider Denied |
| 04/16/2013 | Smith | EXXON MOBIL CORPORATION V. THE UNITED STATES [09-265C & 09-882C] | 28 U.S.C. § 455(a), 28 U.SC. § 455(a), Shell Oil v. United States, 672 F.3d 1283 (Fed. Cir. 2012), Liteky v. United States, 510 U.S. 540 v. (1994), In re Kansas Public Retirement System, 85 F.3d 1353 (8th Cir. 1996) |
| 04/16/2013 | Bruggink | MICHAEL STEPHEN SHAW V. SECRETARY OF HEALTH AND HUMAN SERVICES [01-707V] | Vaccine Act; Interim fees; Avera; McKellar |
| 04/16/2013 | Firestone | NORSAT INTERNATIONAL [AMERICA], INC. V. THE UNITED STATES [13-41C] | Bid Protest; Technical Evaluation; Deference; Agency Evaluation; Lack of Significant Prejudice |
| 04/12/2013 | Wheeler | JOHNNY GREGORY, et. al. V. THE UNITED STATES [09-114C] | Rails-to-Trails Case; Recovery of Attorneys’ Fees and Costs; Lodestar Method of Calculation; Reasonable Reductions Based Upon Degree of Success. |
| 04/11/2013 | Sweeney | CW GOVERNMENT TRAVEL, INC., d/b/a CWTSATOTRAVEL V. THE UNITED STATES [12-708C] | Postaward Bid Protest; 28 U.S.C. § 1491(b); Standing; Timeliness; FAR 16.504(c)(1)(ii)(D)(1)(iii); Qualified and Capable; Unequal Treatment; Injunctive Relief |
| 04/10/2013 | Hewitt | CAPTAIN ROSS E. JOSLYN V. THE UNITED STATES OF AMERICA [12-604C] | Motion for Judgment on the Administrative Record; RCFC 52.1; Motion to Supplement the Administrative Record; Disability Retirement Pay Claim Under 10 U.S.C. § 1201; Wrongful Discharge Claim Under Military Pay Act, 37 U.S.C. § 204 |
| 04/08/2013 | Lettow | COUNCIL FOR TRIBAL EMPLOYMENT RIGHTS V. UNITED STATES [12-326C] | Motion for award of fees and expenses incurred in connection with a successful motion to compel discovery; RCFC 37(a)(5); absence of substantial justification for opposing party’s position |
| 04/04/2013 | Futey | REOFORCE, INC. and THEODORE SIMONSON V. THE UNITED STATES [11-884L] | Fifth Amendment Takings; Compensable Property Interest; Discovery of Valuable Mineral Deposit, 30 U.S.C. Section 26; Unpatented Mining Claims; Mining Contest; Res Judicata; Final Judgment on the Merit |
| 04/04/2013 | Bruggink | DANIEL GABINO MARTINEZ V. THE UNITED STATES [11-751L] | Fifth Amendment taking; statute of limitations; accrual date; impoundment and sale of cattle. |
| 04/04/2013 | Braden | COHEN FINANCIAL SERVICES, INC. V. THE UNITED STATES [13-37C] | FDIC Acquisition Policy Manual ¶ 3.210(c) (price evaluation); FDIC Acquisition Procedures, Guidance, and Information 3.206(a)(2) (required price analysis in best value procurements); 3.210(c)(2) (price realism); 3.214 (documentation of source selection) |
| 04/03/2013 | Allegra | LAKESHORE ENGINEERING SERVICES, INC. V. THE UNITED STATES [09-865C] | Contract case; Motion for summary judgment; ID/IQ contract, with fixed-price task orders; Use of price book with bidder’s coefficient; Army neither contracted nor warranted that prices in price book accurately reflected local prices |
| 04/03/2013 | Braden | ARCATA ASSOCIATES, INC. V. THE UNITED STATES [12-846C] | Administrative Dispute Resolution Act; Federal Acquisition Regulation 19.303(c)(5) (amendment of solicitation after Office of Hearings and Appeals review); Pre-Award Bid Protest |
| 04/02/2013 | Smith | THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, ET AL. V. THE UNITED STATES [07-184C] | Declaratory Judgment; California Power Crisis |
| 04/02/2013 | Smith | PACIFIC GAS AND ELECTRIC COMPANY, ET AL. V. THE UNITED STATES [07-157C AND 07-167C] | Declaratory Judgment; California Power Crisis |
