U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 01/04/2007
Summary judgment; settlement agreement; contract interpretation; plain meaning;reasonable interpretation; unambiguous terms;extrinsic evidence; post-settlement consideration of claims; estoppel Signed by Judge Wolski.
Filed 01/04/2007
Judgment on the Pleadings; Breach of Trust; Statute of Limitations Signed by Judge Merow.
Filed 12/29/2006
Appointment of Counsel,
28 U.S.C. §
1915(e)(1);
DNA Identification Act,
42 U.S.C. § 14131 et seq.;
Federal
Torts Claims Act,
28 U.S.C. § 1346(b)(1);
Little Tucker Act, 28 U.S.C. §
1346(a)(2); Motion to Dismiss, RCFC 12(b)(1);
N.D. CENT. CODE, § 31-13-03;
Privacy Act, 5 U.S.C. § 552a; Pro Se; Transfer to United States
District Court, 28 U.S.C. § 1631;
Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.
Filed 12/29/2006
Breach of Contract; Motion to Dismiss, RCFC 12(b)(1),
(b)(6); National Housing Act, 12 U.S.C. § 1715z-1, as amended; Statute of
Limitations, 28 U.S.C. § 2501; Summary Judgment, RCFC 56(c); Tucker Act, 28
U.S.C. § 1491; U.S. CONST. amend. V; 24 C.F.R. § 235.55(a) (1995) (saved by §
236.1(b) (1997)); 24 C.F.R. § 245.325(b) Signed by Judge Braden.
Filed 12/29/2006
U.S. CONST. AMEND V. Signed by Judge Braden.
Filed 12/29/2006
Administrative Procedures Act, 5 U.S.C. §
706(2)(A);
Competition in Contracting Act, 31 U.S.C. §
3553;
Consolidation, RCFC 42(a);
Related Case, RCFC 40.2 Signed by Judge Braden.
Filed 12/22/2006
Takings Clause; Commerce Clause; Agricultural Marketing
Agreement Act of 1937; motion to dismiss for failure to state a claim; RCFC
12(b)(6) Signed by Judge Lettow.
Filed 12/22/2006
Motion for Reconsideration;
Spent Nuclear Fuel
Case;
Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425, 96 Stat. 2201;
Calculation of
Damages; Dry Storage;
Reracking Signed by Judge Hewitt.
Filed 12/22/2006
Timber sale contracts, calculation of damages due to
contractor's breach, Debt Collection Act, 31 U.S.C. § 7301 et.
seq.,
timing of interest accrual, fixed interest rate, variable interest rate,
mitigation, penalty charge Signed by Judge Miller, G..
Filed 12/21/2006
Theft Loss Deduction; Year of Discovery; Ascertain with
Reasonable Certainty; Resolution of Reimbursement Claim;
IRC § 165; Treas.
Reg. § 1.165-1 Signed by Judge Firestone.
Filed 12/20/2006
Public Safety Officers' Benefits Act, PSOBA, 42 U.S.C. §
3796, et seq.; Eligibility for benefits;
Filing of a Claim, 28 C.F.R. §
32.20 (2001); Execution of a Claim, 28 C.F.R. § 32.19 (2001); Payment to a
beneficiary's estate; Chevron deference; plain meaning of regulation Signed by Judge Baskir.
Filed 12/20/2006
RCFC 12(b)(1); Motion to Dismiss; No Subject Matter
Jurisdiction Over Tax Refund Suit; Full Payment Rule;
Flora v. United States;
No Timely Claim for Refund; Lawful Tax Collection is not Fifth Amendment
"Taking"; Nonmonetary Relief Signed by Judge Hodges.
Filed 12/19/2006
Motion to certify case for interlocutory appeal; Spent
nuclear fuel case; Prior ruling that mandamus issued in Northern States
is void and that briefing on the unavoidable delays clause should occur; 28
U.S.C. § 1292(d)(2); Controlling question of law; Substantial ground for
difference of opinion; Whether certification would materially advance
termination of litigation; Grounds for interlocutory appeal found to exist;
Motion granted Signed by Judge Allegra.
Filed 12/18/2006
Military Pay Act; Court-Martial Conviction; Collateral
Estoppeli Signed by Judge Wheeler.
Filed 12/18/2006
Motion to Reconsider and Motion for Clarification;
Damages; Tax Gross Up; Net Receivership Claims Signed by Judge Smith.
Filed 12/18/2006
Winstar damages Signed by Judge Smith.
Filed 12/15/2006
Miscellaneous; jurisdiction; motion to dismiss;
transfer under 28 U.S.C. § 1631 (2000); mail box rule for prisoners Signed by Judge Miller, C..
Filed 12/15/2006
Military Discharge; Motion for Attorneys' Fees;
Equal Access to Justice Act, 28 U.S.C. § 2412 Signed by Judge Bruggink.
Filed 12/14/2006
Congressional Reference, 28 U.S.C. § 1492, 28 U.S.C. §
2509; Claim Accrual;
Equitable Tolling;
Interlocutory Appeal, 28 U.S.C. §
1292(d)(2);
Jurisdiction; Mediation;
RCFC, Appendix H;
Statute of
Limitations, 28 U.S.C. § 2501; Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.
Filed 12/14/2006
Winstar - Statute of Limitations;28 U.S.C. § 2501;
Accrual of Cause of Action for Breach of Contract;Contract Formation; Fifth
Amendment Taking; Due Process Signed by Judge Williams.
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