U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 11/16/2006
Motion to compel; RCFC 37(a); entry upon land for
testing and sampling; fact discovery; piezometers; RCFC 34(a)(2); scope of
discovery; protective conditions for entry upon land; RCFC 26(b) Signed by Judge Lettow.
Filed 11/16/2006
Purchase Order; 48 C.F.R. § 13.302-4; 48 C.F.R. §
52.213-4(f); Equitable Estoppel; Substantial Performance Signed by Judge Firestone.
Filed 11/15/2006
Motion for Reconsideration, RCFC 59; 28 U.S.C. § 1500;
Subject Matter Jurisdiction; Dismissal Without Prejudice;
Statute of
Limitations Signed by Judge Sweeney.
Filed 11/15/2006
Post-trial decision on tax refund claim;
applicability of communications excise tax to an internet service
provider; 26 U.S.C. § 4251; local telephone service; private communication
service; 26 U.S.C. § 4252; "substantial variance" rule; 26 U.S.C. §
7422(a) Signed by Judge Lettow.
Filed 11/13/2006
Motion to Dismiss; Pro Se Standard RCFC 12(a) and
(b);28 U.S.C. § 1491 Signed by Judge Smith.
Filed 11/08/2006
Deselection bid protest; cross-motions for judgment upon
the administrative record; multiple-award contracts with the Government Printing
Office for development of devices and materials for electronic passports,
preparation and testing of prototypical materials for use in electronic
passports, and production of such materials; application of the technical
testing criteria for materials to be used with electronic passports Signed by Judge Lettow.
Filed 11/07/2006
RCFC Rule 24(a)(2); Motion to Intervene; Limited
Intervention; OMB Circular No. A-76; FAIR Act 31 U.S.C. § 501;
Trade
Secrets Signed by Judge Block.
Filed 11/07/2006
Motion to Dismiss; Regulatory Taking Signed by Judge Horn.
Filed 11/06/2006
Application of State Law; Lease; Right of First Refusal;
Option; Damages; Lost Profits Signed by Judge Firestone.
Filed 11/01/2006
Damages in Winstar-related case; reconsideration in
accord with RCFC 54(b) and 59(a); offset for costs awarded under RCFC 37(c) and
the court's inherent authority Signed by Judge Lettow.
Filed 10/31/2006
Government contract - spent nuclear fuel case; Mandamus
issued by D.C. Circuit in Northern States; Whether mandamus may be collaterally
attacked; Christopher Village; Judgment void if unsupported by waiver of
sovereign immunity; Void order doctrine - applicability to mandamus writs;
Section 119 of the Nuclear Waste Policy Act; Jurisdictional premises in Northern
States inconsistent with Federal Circuit holding in PSEG; Judgment and mandamus
in Northern States exceeded scope of section 119; Section 119 does not provide
waiver of sovereign immunity; Waiver under APA section 702 unavailable;
Statutory versus nonstatutory review cases under APA section 704; Consolidated
Edison; Mandamus is void; Briefing on unavoidable delay clause ordered. Signed by Judge Allegra.
Filed 10/31/2006
Contract Disputes Act, 41 U.S.C. §605; Computation of
Time, RCFC 6; Federal Rule of Civil Procedure 6; Material Facts; Motion for
Reconsideration, RCFC 59; Restatement (Second) of Contracts (1981) § § 201(1),
202(1); Williston on Contracts (4th ed.) § § 34:6, 72:1. Signed by Judge Braden.
Filed 10/31/2006
Motion to Dismiss, RCFC 12(b)(1), RCFC 15(c)(2); 28
U.S.C. § 1500. Signed by Judge Braden.
Filed 10/31/2006
Clerical Error; Contract Disputes Act, 41 U.S.C. § § 601,
et seq.Deemed Denial of Certified Claim; Equitable Adjustment; Motion for
Summary Judgment, RCFC 56; Reformation; Restatement (Second) of Contracts § 153;
Unilateral Mistake; 41 U.S.C. § 611; 48 C.F.R. § § 2.101, 14.407, 14.407-4(b),
(c), 15.508, 52.233-1(c). Signed by Judge Braden.
Filed 10/31/2006
Board for Correction of Naval Records; Correction of
Military Records; Remand; 28 U.S.C. § 1491(a)(2). Signed by Judge Braden.
Filed 10/31/2006
Certification; Contract Disputes Act, 41 U.S.C. § § 601
et seq.; Equitable Adjustment; Jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(2);
48 C.F.R. § 52.236-2 (Differing Site Condition); 48 C.F.R. § 52.236-3 (Site
Investigation And Conditions Affecting The Work); Fed. R. Ev. 702; RCFC
12(b)(1); RCFC 52(c). Signed by Judge Braden.
Filed 10/31/2006
Winstar-related case; contracts; expectancy damages;
lost profits; causation; reasonable certainty. Signed by Judge Margolis.
Filed 10/31/2006
National Vaccine Injury Compensation Program; Recovery
of Lifetime Economic Losses and Death Benefits for Vaccine-Caused Injuries and
Death; Plain Reading of Act. Signed by Judge Wheeler.
Filed 10/31/2006
Merchant Marine Act of 1936, 46 App. U.S.C. § 1271 et
seq.; Maritime Administration Loan Guarantee; Issue Preclusion; Privity;
Third-Party Beneficiary; Implied-In-Fact Contract. Signed by Judge Williams.
Filed 10/31/2006
Motion for Partial Summary Judgment; Outer Continental
Shelf Oil and Gas Leasing; Outer Continental Shelf
Lands Act; Rescission
and Restitution; Offset of Restitution Award ; Recovery of Sunk Costs as
Restitutionary Damages; Reliance Damages Distinguished Signed by Judge Bruggink.
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