U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 02/24/2005
Motion to Dismiss for Lack of Subject Matter
Jurisdiction, Rule 12(b); Preemption of Jurisdiction under Tucker Act, 28
U.S.C. § 1491(a)(1)by Medicare Act, 42 U.S.C. § 1395oo(f)(1) Signed by Judge Hewitt.
Filed 02/24/2005
Post-Award Bid Protest;
Determination of Competitive
Range; Supplementing the Administrative Record;
Cardinal Change;
Bond Requirements; Alleging Prejudice Signed by Judge Baskir.
Filed 02/23/2005
Trial; Contracts; Equitable Adjustment;Contract Disputes
Act, 41 U.S.C. § § 601-613 (2000); Compensable Delay; Excusable Delay, Proof of
Costs of Changed Contract Work; Discretion to Award Performance Award on
Public Contract, Inapplicability of Prompt Payment Act, 31 U.S.C. § §
3901-3907 (2000) Signed by Judge Bush.
Filed 02/18/2005
Remote worksite pay; 5 U.S.C. § 5942;
5 C.F.R. §
591.304; 5 C.F.R. § 591.306 Signed by Judge Miller, G..
Filed 02/18/2005
Entitlement to Survivor Benefit Plan Annuity; Deemed
Election for Former Spouse, 10 USC § 1450 (f)(3)(A); Requirement of Written
Request; Non-Self-Executing Statute; Failure to Exercise Secretarial
Discretion; Proper Claimant Before Board for Correction of Naval
Records Signed by Judge Baskir.
Filed 02/17/2005
28 U.S.C. § 1491(b); Post-award bid-protest; Bias;
Bad Faith; Discussions;
Clarifications; Unequal Treatment;
Law-of-the-case Doctrine; Permanent Injunctive Relief Signed by Judge Williams.
Filed 02/16/2005
Summary judgment, RCFC 56, 26 U.S.C. § 4252, toll
telephone service, Chevron deference Signed by Judge Miller, G..
Filed 02/15/2005
Spent nuclear fuel cases; subject matter jurisdiction;
standing; motion to dismiss; motion for summary judgment; Nuclear Waste Policy
Act of 1982; contract damages; Federal Rules of Evidence 602, 701; Restatement
(Second) Contracts § 348(2)(a); collateral estoppel; good faith and fair
dealing; takings Signed by Judge Lettow.
Filed 02/14/2005
Motion for reconsideration, causation, lost profits,
"substantial factor" and "but for" tests Signed by Judge Miller, G..
Filed 02/09/2005
LISA ANN PAFFORD and RICHARD LEON PAFFORD PARENTS AND NEXT FRIENDS of RICHELLE LORRAE PAFFORD v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
(01-0165V)
Vaccine Act; Causation-in-Fact; Standard of Proof;
Burden of Proof;
Alternative Causation; Temporal Relationship; But-For and
Substantial Factor Analysis; Biologic Plausibility; Direct Causation;
Systemic Onset JRA; Still's Disease; Vaccine-Related Injuries
Signed by Judge Block.
Filed 02/08/2005
Timber sale contracts, motion for summary judgment,
damages, but-for cause, substantial factor, Northwest Timber Compromise,
Endangered Species Act, 16 U.S.C. § 1536, 16 U.S.C. § 1538, constructive
termination Signed by Judge Miller, G..
Filed 02/08/2005
Motion to Dismiss, RCFC 12(b)(1), Motion for Judgment on the Administrative
Record, RCFC 56.1, Justiciability, Board for Correction of Military Records,
arbitrary and capricious Signed by Judge Miller, G..
Filed 02/08/2005
Dismissal of Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. §
1915(a); Rule 12(b)(1); Failure to State a Claim Within the Jurisdiction of the
Court Signed by Judge Hewitt.
Filed 02/08/2005
Public Safety Officers' Benefits Act Signed by Judge Bruggink.
Filed 02/08/2005
United States v. Winstar Corp.;
FIRREA; Supervisory Goodwill;
Damages; Cost of Capital; Lost Profits;
Mitigation; Tax Gross-up Signed by Judge Bruggink.
Filed 02/07/2005
Second Deposition;
RCFC 30(a)(2)(B);
RCFC
26(b)(2); Costs Signed by Judge Williams.
Filed 02/07/2005
Patent; Standard Special Procedures Order for Cases
Arising Under 28 U.S.C. § 1498; RCFC 26; RCFC 37; Amendments to Claim Charts;
Preclusion sanction under RCFC 37;
Contention interrogatory Signed by Judge Damich.
Filed 02/03/2005
Income tax; motion to dismiss for lack
of jurisdiction; interest; abatement under section 6404(e)(1) of the Internal
Revenue Code; jurisdiction under 28 U.S.C. § 1491 versus 28 U.S.C. § 1346;
illegal exaction jurisdiction; whether the denial of abatement claim under
6404(e)(1), as amended by the 1996 Taxpayer Bill of Rights II, is subject
to
judicial review; review of abatement denial nonjusticiable; dismissal
for lack of jurisdiction Signed by Judge Allegra.
Filed 02/03/2005
EAJA Application Signed by Judge Futey.
Filed 02/02/2005
Contracts; summary judgment; Type I differing site
condition; duty to participate in pre-bid site inspection; breach of warranty
re: defective specifications Signed by Judge Miller, C..
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