U.S. Court of Federal Claims Opinions
Updated: 11 months 1 day ago
Filed 10/31/2005
De novo review;
National Childhood Vaccine Injury Act
of 1986, 42 U.S.C. § § 300aa-1 to 300aa-34 (2000 & Supp. II 2003);
Statute
of limitations Signed by Judge Braden.
Filed 10/28/2005
Contracts; pre-award protest; 28 U.S.C. § 1491(b)(1)
(2000); standing; motion to dismiss; "interested party" under Competition in
Contracting Act, 31U.S.C. § 3551(2) (2000) (the "CICA") Signed by Judge Miller, C..
Filed 10/28/2005
Motion for Summary Judgment; Contracts; Small Business
Act of 1953, 15 U.S.C. 631 et seq. (2002); Interpretation of Settlement
Agreement Related to Tripartite Section 8(a) Contract Signed by Judge Bush.
Filed 10/28/2005
Dredging Case; Clean Water Act, § 404 Permit; Fifth
Amendment Takings;
Motion to Dismiss RCFC 12(b)(1),12(h)(3); Subject Matter
Jurisdiction;
Statute of Limitations; Tolling Statute; Dickinson
Doctrine Signed by Judge Hodges.
Filed 10/28/2005
Petition for Mandamus; Interlocutory Appeal, 28 U.S.C. §
1292(d)(2);
Timeliness; Motion for Stay; Subject Matter Jurisdiction;
Separation of Powers; Appointments Clause;
Governmental Privilege; In Camera
Review; Irreparable Harm; Extension of Time Signed by Judge Baskir.
Filed 10/27/2005
Indian Trust Claim; Motion to Dismiss for Lack of
Jurisdiction; Whether "An act for the division of the lands and funds of the
Osage Indians in Oklahoma Territory" (1906 Act) Mandated the Collection by
the Government of Royalty Payments and Related Late Fees in the
Circumstances of this Case; Whether the Government Failed to Invest Tribal Funds
in the Manner Required by 25 U.S.C. § § 161a, 161b, and 162a Signed by Judge Hewitt.
Filed 10/27/2005
Trial; Regulatory Taking Claim; Penn Central Economic
Impact Factor; Market Value of Property Signed by Judge Hewitt.
Filed 10/27/2005
Post-Award bid protest;
Stay of performance under
31 U.S.C. § 3553 pending GAO review Signed by Judge Bruggink.
Filed 10/27/2005
Jurisdiction; RCFC Rule 12(b)(1); Collective Bargaining
Agreement ("CBA"); Civil Service Reform Act of 1978 ("CRSA");
Non-Appropriated Fund Instrumentalities ("NAFI") Signed by Judge Firestone.
Filed 10/24/2005
Equal Pay Act; summary judgment; "factor other than sex"
defense; rational basis review; gender-neutral pay plan; Federal Aviation
Administration Signed by Judge Wolski.
Filed 10/24/2005
Contracts; breach of warranty re:defective
specifications; breach of duty of good faith and fair dealing; Eichleay damages;
actual cost, total cost, and jury verdict approach to damages; weight accorded
to audits by the Defense
Contract Audit Agency Signed by Judge Miller, C..
Filed 10/24/2005
Jurisdiction; Due Process Claims; Money
Mandating Statute Signed by Judge Horn.
Filed 10/21/2005
Fair Labor Standards Act, 29 U.S.C. § § 201-219
(2000);
Trial; Damages; Order for Entry of Judgment under Rule 54(b) Signed by Judge Hewitt.
Filed 10/20/2005
19 U.S.C. § 1619; informant's award;
moiety;
ripeness; exhaustion of administrative remedies; stay of
proceedings Signed by Judge Wolski.
Filed 10/20/2005
Winstar case; motion
for reconsideration; no change in controlling law; government acceptance
under Winstar Signed by Judge Margolis.
Filed 10/19/2005
Preliminary Injunctive Relief;
Likelihood of Success
on the Merits; Post-Award Bid Protest Signed by Judge Smith.
Filed 10/19/2005
Public Safety Officer's Benefit Act, 42 U.S.C. § 3796;
definition of "law enforcement officer" and "in the line of duty" Signed by Judge Futey.
Filed 10/19/2005
Tax refund suit; Cross-motions for summary judgment;
Credit elect under section 6402(b) of the Code; Interest on
subsequently-determined deficiency;
Net operating losses; Time credit-elect
is considered payment under sections 6402(b) and 6513(d) of the Code; "Use of
money" concept; Seeley and Koppers; Avon Products; May Department Stores;
Marsh & McLellan; Recovery denied Signed by Judge Allegra.
Filed 10/19/2005
Low-Income Housing; ELIHPA; LIHPRHA; Section 236
Program; National Housing Act; Post-Breach Evidence; Expectancy Damages; Tax
Gross-Up; Repayment Agreement; Preservation Letter;
Mitigation; Use
Agreements Signed by Judge Hodges.
Filed 10/19/2005
Claim construction; means plus function claim
limitations; 35 U.S.C. § 112, paragraph 6; sonobuoy deployment system Signed by Judge Damich.
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