U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 07/15/2005
Contract Disputes Act,
41 U.S.C. § 609(d);
Motion
to Transfer Signed by Judge Braden.
Filed 07/15/2005
Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; Tucker
Act, 28 U.S.C. § 1491; RCFC 12(b)(6), Motion to Dismiss; RCFC 19(a), Joinder of
Persons Needed for Just Adjudication;
RCFC 25(c), Transfer of Interest; RCFC
56(c), Motion for Partial Summary Judgment Signed by Judge Braden.
Filed 07/15/2005
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); temporary
restraining order; preliminary injunction; facial validity of bid bond Signed by Judge Miller, C..
Filed 07/14/2005
Post-award Bid Protest; 28 U.S.C. § 1491; Standing;
Interested Party;
Protester's Disagreement With Evaluators' Ratings;
Bias. Signed by Judge Williams.
Filed 07/14/2005
Consolidation; RCFC 42(a) Signed by Judge Williams.
Filed 07/13/2005
Military Disability Retirement Pay; Veterans' Health
Benefits; Board for Correction of Naval Records; Equitable Tolling; Mental
Illness; Motion to Dismiss; Motion for a More Definite Statement; Pro
Se Signed by Judge Merow.
Filed 07/12/2005
Post-award bid protest; "bait and switch;" material
misrepresentation; fraud in bids; no-compete agreements; unequal
treatment;
minor informality Signed by Judge Wolski.
Filed 07/12/2005
Summary Judgment; Survivor Benefit Plan; Dependency and
Indemnity Compensation;
Nonresident alien; tax refund; pro se; informal
claim Signed by Judge Merow.
Filed 07/11/2005
Subject Matter Jurisdiction;
Motion to Dismiss Signed by Judge Horn.
Filed 07/08/2005
Indian Trust Claims; Discovery; Privilege; Fiduciary
Exception to Attorney-Client Privilege and Work Product Doctrine Signed by Judge Hewitt.
Filed 07/08/2005
Veterans Health Administration; Title 5 "leave with
pay" statutes; nighttime and weekend additional pay; registered nurses,
licensed vocational nurses, physician assistants, expanded function dental
auxiliaries; back pay Signed by Judge Wolski.
Filed 07/08/2005
Court of International Trade; jurisdiction; liquidated
damages; HTSUS classifications; Customs Signed by Judge Baskir.
Filed 07/08/2005
Department of Defense Authority to Enter into Multiyear
Contracts under 10 U.S.C.2306(h)(1); Required Findings; Statutory Violation;
Intended Beneficiary of Federal Statute Signed by Judge Baskir.
Filed 07/08/2005
Department of Defense Authority to Enter into Multiyear
Contracts under 10 U.S.C.2306(h)(1); Required Findings; Statutory Violation;
Intended Beneficiary of Federal Statute Signed by Judge Baskir.
Filed 07/07/2005
Summary judgment; Government contract case; Contract
Disputes Act; Indefinite Quantity Contract (IQC); Express contract to perform
work order; Waiver; Implied-in-fact contract to perform work order; No
implied-in-fact contract where same subject covered by express contract; Implied
duty of good faith and fair dealing; Bad faith. Signed by Judge Allegra.
Filed 07/07/2005
Motion for summary judgment; copyright infringement of
an architectural work; government building; architectural style Signed by Judge Damich.
Filed 07/01/2005
Breach of Contract; Summary Judgment Cost Accounting
Standards; Major Fraud Act; Statutory Interpretation; Allowable and Allocable
Costs;
Reimbursement of Legal Costs; Qui tam; Clarifying Regulation; 48
C.F.R. § 31.205-47 Signed by Judge Hodges.
Filed 07/01/2005
Tax refund suit; Summary judgment; Restrictive stock
agreement; Golden parachutes; Excess parachute payment provisions of the Deficit
Reduction Act of 1984; Definition of parachute payment - 26 U.S.C. § 280G;
Excise tax - 26 U.S.C. § 4999; Change in control; Transfer of assets;
Legislative history; 1989 proposed regulations; Reliance on proposed
regulations; 1989 proposed regulations construed. Signed by Judge Allegra.
Filed 06/30/2005
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.;
Basic Allowance for Housing, 37 U.S.C. § 403;
Basic Allowance for
Subsistence, 37 U.S.C. § 402; Fifth and Six Amendments to the United States
Constitution;
Medical and Dental Care for Members and Certain Former Members,
10 U.S.C. § 1074; Military Pay Act, 37 U.S.C. § 204;
Pro Se; Tucker Act, 28
U.S.C. § 1491(a)(2);
10 U.S.C. § § 630-36;
10 U.S.C. § 1201(a);
10
U.S.C. § 1214;
10 U.S.C. § 1552(a)(1), (2);
AFI 36-3212 ¶ 3.17;
RCFC
56.1, Review of Decision on the Basis of Administrative Record Signed by Judge Braden.
Filed 06/30/2005
Subject Matter Jurisdiction;
Contract Disputes Act,
41 U.S.C. § § 605, 609; Claim; Contracting Officer's Final Decision Signed by Judge Williams.
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