U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 07/26/2010
Motion for Reconsideration or Relief Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake in Fact Signed by Judge Hewitt.
Filed 07/22/2010
Motion For Summary Judgment, RCFC 56(c); Tucker Act, 28 U.S.C. § 1491(a)(1); 26 C.F.R. § 1.6001-1(a); 26 U.S.C. §§ 61(a), 162(a), 212(1), 6001, 6402, 6511(a), 6532(a), 7422(a). Signed by Judge Braden.
Filed 07/21/2010
Motions In Limine to Strike Expert Reports; RCFC 26; FRE 702; Daubert Signed by Judge Hewitt.
Filed 07/20/2010
Petition for Writ of Habeas Corpus; Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915. Signed by Judge Horn.
Filed 07/20/2010
Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court’s Opinion of June 7, 2010 Signed by Judge Hewitt.
Filed 07/16/2010
In Forma Pauperis Application; 28 U.S.C. § 1915. Signed by Judge Horn.
Filed 07/16/2010
Claims by Navy Veteran for Correction of Military Records; Review of Action by the Board of Correction of Naval Records; Insufficient Explanation of Board Decision; Remand Signed by Judge Wheeler.
Filed 07/16/2010
Bid Protest; RCFC 52.1; Motion for Judgment on the Administrative Record; Organizational Conflict of Interest; Federal Acquisition Regulations; FAR Subpart 9.5; GAO Recommendation; Permanent Injunction Signed by Judge Futey.
Filed 07/14/2010
Contract Disputes Act, 41 U.S.C. § 605; Declaratory Judgment Act, 28 U.S.C. § 2201; Motion for Reconsideration, RCFC 59(a)(1)(B); RCFC 12(b)(1), 12(b)(6); RCFC 60(b)(1), 60 (b)(6); Tucker Act, 28 U.S.C. § 1491(a)(2). Signed by Judge Braden.
Filed 07/14/2010
Administrative Procedures Act,5 U.S.C. § 706; Tucker Act, 28 U.S.C. § 1491(b)(1), as amended by the Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320; Intervenor, RCFC 24(a); Judgment on the Administrative Record, RCFC 52.1; 41 U.S.C. § 253b(d)(3); Federal Acquisition Regulations, 2.101 (Performance Based Acquisition); 15.3 (Source Selection); 15.306(d)(3) (Exchanges); 15.4 (Contract Pricing); 16.5 (Indefinite Delivery Contracts); 37.102 (Service Contracts); Independent Government Estimate; National Aeronautics and Space Administration, Federal Acquisition Regulation Supplement 15.101, 15.303, 15.305, 1815.370(h)(2), Post-Award Bid Protest; Prejudice; Standing Signed by Judge Braden.
Filed 07/14/2010
Bid protest; tailored injunctive relief; motion to alter or amend judgment; Rules 59(a) and 59(e)of the Rules of the Court of Federal Claims; balancing economic harm to plaintiffs from inability to compete and potential interruption of medical care for active duty military personnel, veterans, and families of veterans Signed by Judge Miller, G..
Filed 07/13/2010
Pro se Plaintiff; Motion for Reconsideration of Judgment; Request for an Oral Hearing. Signed by Judge Horn.
Filed 07/09/2010
Military pay case; Motion to dismiss for lack of jurisdiction or, alternatively, for
failure to state a claim – RCFC 12(b)(1) and 12(b)(6); Tucker Act – 28 U.S.C. §1491; Money-mandating statute; 37 U.S.C. § 204 inapplicable; 37 U.S.C. § 206 – reservist not entitled to pay for constructive service or for rank to which he was not appointed; Absent monetary judgment, no jurisdiction to provide ancillary equitable relief under 28 U.S.C. § 1491(a)(2); 28 U.S.C. § 1631; Transfer of nonmonetary claims to district court ordered; Interests of justice Signed by Judge Allegra.
Filed 07/09/2010
Spent Nuclear Fuel Case; Motion for Reconsideration; Private Fuel Storage Costs Signed by Judge Wheeler.
Filed 07/09/2010
Spent Nuclear Fuel Case; Motion for Reconsideration; Private Fuel Storage Costs Signed by Judge Wheeler.
Filed 07/08/2010
Motion to Supplement the Administrative Record; Axiom Res. Mgmt., Inc.;
Administrative Procedure Act, 5 U.S.C. §§ 701-706; Walls; Metz; Amended Complaint; RCFC 15; Motion to Strike; Amendment of Pleadings as a Matter of Course; Motion for Protective Order; Presumption of Public Access to Judicial Records; Privacy Rights; Baystate Defendant. * Techs., Inc.; Nixon; 28 U.S.C. § 1491(a)(2); Remand to ABCMR; RCFC 52.2 Signed by Judge Sweeney.
Filed 07/06/2010
Motion for Reconsideration Denied; No Fraud, Wrong or Injustice to the United States as a Result of the Court’s Opinion of May 29, 2009; Case Is Not Ripe for Summary Judgment Owing to Existence of Disputed Facts Signed by Judge Hewitt.
Filed 07/02/2010
Post-award Bid Protest; Standing; Agency Errors in Evaluation Process; Effect of Large Price Difference and Exceptions to RFQ; Lack of Prejudice Where Agency Would Have Selected Same Awardee Absent Errors Signed by Judge Wheeler.
Filed 07/01/2010
In limine motions to preclude testimony of fact witnesses and expert testimony of a witness; supplementation of discovery responses; applicability of Appendix A, ¶ 13(b), of the court’s rules; belated notice of proposed expert testimony under RCFC 26(a)(2)(C)(i); absence of prejudice or harm Signed by Judge Lettow.
Filed 06/30/2010
Patents; laches; delay in bringing suit; material prejudice Signed by Judge Margolis.
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