U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 03/29/2007
Fifth Amendment Taking—A takings claim seeking compensation for regulatory restrictions imposed by the National Marine Fisheries Service under the authority of the Endangered Species Act limiting water diversions otherwise permitted under a state-issued water license may not be treated as a per se or physical taking. Instead, such a claim must be analyzed under the conventional three-factor test identified in Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) Signed by Judge Wiese.
Filed 03/29/2007
ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, husband of, CYNTHIA BORDELON and, STEVE'S MOBILE HOME & R.V. REPAIR, INC., v. UNITED STATES OF AMERICA
Concise and Direct Pleading, RCFC 8(e), 12(e), 15(a); Just Compensation Clause, U.S. CONST. amend. V; Motion In Limine; Motion to Dismiss, RCFC 12(b)(1); Ripeness; Standing; Subject Matter Jurisdiction Signed by Judge Braden.
Filed 03/29/2007
Motion to Compel Discovery; In Camera Review of Documents; Attorney-Client Privilege; Work Product Privilege; Deliberative Process Privilege; "Personal Privacy Privilege" Signed by Judge Hewitt.
Filed 03/29/2007
Discovery; Attorney-Client Privilege; "At-Issue" Waiver; Subject-Matter Waiver; Scope of Waiver; Work-Product Doctrine; Inadvertent Production of Privileged Material Signed by Judge Williams.
Filed 03/28/2007
Classified Documents; Deposition Testimony; Inactive Security Clearance; Denial of Special Program Access Signed by Judge Horn.
Filed 03/28/2007
Patent Infringement Case; Markman Claim Construction Proceedings; Patents Relating to Chemical Treatments of Contaminated Soils Signed by Judge Wheeler.
Filed 03/28/2007
Motion to Dismiss; 26 U.S.C. § 7623; 26 C.F.R. § 301.7623-1 Signed by Judge Smith.
Filed 03/26/2007
Motion for summary judgment, cost-sharing, termination for convenience, mandate rule, contract interpretation, plain language, fee, foregone fee, Contract Disputes Act, effect of decision of Department of Energy Board of Contract Appeals, burden of proof Signed by Judge Miller, G..
Filed 03/26/2007
Motion for Summary Judgment;Rescissions Act, Pub. L. No. 104-19; Claims presented to Contracting Officer; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Endangered Species Act,16 U.S.C. § 1531, et seq. Signed by Judge Smith.
Filed 03/23/2007
Fifth Amendment Takings; Police Power; Retention of Personal Property for Use as Evidence in Criminal Proceeding; Motion for Return of Property Under Fed. R. Crim. P. 41 (e)/(g). Reasonableness; Legality of Governmental Actions Presumed Signed by Judge Baskir.
Filed 03/22/2007
Pro Se Plaintiff; Failure to State a Claim; Jurisdiction Signed by Judge Horn.
Filed 03/22/2007
Causation In Fact; De Novo Review; National Vaccine Injury Act, 42 U.S.C. § § 300aa-10, et seq.; Vaccine Rule 3(b) Signed by Judge Braden.
Filed 03/20/2007
Motion for Summary Judgment; Government Contract; Contract for Postal Delivery Services; Termination for Default Signed by Judge Bruggink.
Filed 03/19/2007
EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF AND CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other than the Tax Matters Partner, v. UNITED STATES OF AMERICA
Depositions; Motion for Protective Order; Depositions of IRS employees regarding drafting of regulation; Personal views of IRS employees irrelevant in determining the validity of the regulations; Motion granted Signed by Judge Allegra.
Filed 03/19/2007
Summary Judgment; Contract Disputes Act, 41 U.S.C. § 609(a); Tucker Act, 28 U.S.C. § 1491(a)(2); FAR § 52.236-2 Type I Differing Site Condition; Misrepresentation; Superior Knowledge; Restatement (First) Contracts; Restatement (Second)Contracts; FAR § 52.236-3 Signed by Judge Block.
Filed 03/19/2007
Tucker Act, 28 U.S.C. § 1491; Motion to Dismiss RCFC 12(b(1); Pro Se Standard of Review; Due Process; Same Operative Facts Signed by Judge Smith.
Filed 03/19/2007
Motion to Dismiss; Military Pay Act 37 U.S.C. § 204; Statute of Limitations Signed by Judge Smith.
Filed 03/16/2007
Equal Access to Justice Act, 28 U.S.C. § 2412 Signed by Judge Braden.
Filed 03/16/2007
Motion for summary judgment under RCFC 56; Contracts for irrigation water from the Klamath Basin; Claimed breaches based upon refusal to deliver water during drought; Sovereign acts doctrine; Endangered Species Act is a sovereign act; Focus of sovereign acts doctrine; Relationship of sovereign acts doctrine to common law impossibility defense; Winstar plurality opinion compared to Horowitz, Commonwealth Edison and other Court of Claims and Federal Circuit decisions; Defense sustained; No breaches found; Cases dismissed Signed by Judge Allegra.
Filed 03/16/2007
Current Tax Payment Act of 1943, 26 U.S.C. § 6401(c); Interest; Rev. Proc. 84-58, 1984-2 C.B. 501; Summary Judgment, RCFC 56(c); Statute of Limitations, 26 U.S.C. § 6511; Tax Deposit; Tax Payment; Tucker Act, 28 U.S.C. § 1491; 26 U.S.C. § § 6075, 6151(a) Signed by Judge Braden.
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