U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 05/26/2006
Takings; Navigational Servitude; Whether Federal
Navigational Servitude Defines Scope of United States' Potential
Takings Liability; Whether Federal Law Defines Scope of United States'
Navigational Servitude; Whether Ordinary High Water Mark Defines Boundary of
United States' Navigational Servitude and Potential Liability; Whether
Certification of Questions to the Supreme Court of Michigan Is Appropriate Where
Issues Governed by Federal Law Signed by Judge Hewitt.
Filed 05/26/2006
Equitable Subrogation; Payment Bond Sureties;
Sovereign Immunity Signed by Judge Firestone.
Filed 05/26/2006
Equitable Subrogation; Payment Bond Surety; Notice of
Contractor's Default Signed by Judge Firestone.
Filed 05/26/2006
Post Award Bid Protest; Best Value Negotiated
Procurement; Adjectival Risk Assessment; Evaluation of Proposals According to
Terms of Solicitation; Effect of Prior Contracts Terminated for Convenience of
the Government on Past Performance Evaluation;
Agency Duty to Verify
Price When Mistake in Proposal Suspected Signed by Judge Bush.
Filed 05/25/2006
Signed by Judge Miller, C..
Filed 05/24/2006
Military disability retirement claim; 10 U.S.C. § 1201;
deceased plaintiff; RCFC 25; statute of limitations; 28 U.S.C. § 2501;
laches; equitable estoppel; cross-motions for judgment upon the administrative
record Signed by Judge Lettow.
Filed 05/24/2006
Winstar;
Guarini Legislation; Attorneys' Fees; Rule 54(b); Rule 37(c)
sanctions Signed by Judge Bruggink.
Filed 05/23/2006
Tax refund suit; Timeliness and amendment of
administrative claim; Credit allowance date; Admissibility of content of
destroyed IRS document Signed by Judge Wheeler.
Filed 05/19/2006
Board for Correction of Naval Records; Remand; Bad
Faith; Substantial Evidence; Disability Retirement; VASRD; Medical Discharge;
Disability Ratings; Physical Examination Board; 38 C.F.R. Part 4; 38 C.F.R. §
4.20 Signed by Judge Hodges.
Filed 05/18/2006
Petition for review of special master's decision;
National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1 to 300aa-34;
causation; petitioner's prima facie case; shift of burden of proof to
respondent to establish another cause once petitioner has established a prima
faciecase; 42 U.S.C. § 300aa-13(a); remand Signed by Judge Lettow.
Filed 05/10/2006
Motion for Reconsideration; Rule of the Court of Federal
Claims (RCFC) 59; Equitable Tolling; Continuing Claims Doctrine; Whether Failure
to Raise Issue on Summary Judgment Prevents Party From Raising Issue on
Reconsideration; Whether Decisions of the General Services Board of Contract
Appeals (GSBCA) Bind This Court; Whether Status Exempting Application of
Overtime Provisions of Fair Labor Standards Act (FLSA) Includes Application of
Exemption to Overtime Travel Claims Signed by Judge Hewitt.
Filed 05/08/2006
Pension Deficit; Segment Closing Adjustment, Cost
Accounting Standard ("CAS") 413.50(c)(12), 48 C.F.R. § 9904.413.50(c)(12);
Equitable Adjustment, 48 C.F.R. § 52.230-2(a)(4)(i); Limitation of Costs and
Limitation of Funds Clauses, 48 C.F.R. § § 52.232-20 and 52.232-22; Failure to
Fund Pension Amounts Claimed; Fee and Profit; Prior Releases Signed by Judge Firestone.
Filed 05/05/2006
Amended Complaint as a Matter of Course; RCFC 15(a);
Motion to Amend Complaint; Effect of Amended Complaint on Motion to
Dismiss Signed by Judge Sweeney.
Filed 05/03/2006
Motion to Enjoin Collection Proceedings; I.R.C. §
6331(i)(1); I.R.C. § 6331(i)(4)(B) Signed by Judge Smith.
Filed 05/03/2006
RCFC 60(b); one-year time limitation for motions under
RCFC 60(b)(1), (2), and (3);
timeliness of "amended" RCFC 60(b) motion;
excusable neglect; intended third-party beneficiary; mutual exclusivity
of
RCFC 60(b)(1)-(5) and (b)(6) Signed by Judge Miller, G..
Filed 05/03/2006
Military disability retirement claim; 10 U.S.C. § 1201;
subject matter jurisdiction; cross-motions for judgment on the administrative
record;
failure to explain discrepant findings; remand to the Secretary of
the Army Signed by Judge Lettow.
Filed 05/02/2006
Bid Protest; Motion for Reconsideration;
RCFC 59(a)(1); Motion Denied When Movant Had Ample Prior Opportunity to Raise
Arguments on Which Motion for Reconsideration is Based; 48 C.F.R. § 9.105-1
(2005) Signed by Judge Hewitt.
Filed 05/02/2006
Drug Enforcement Administration; cooperating individual
agreement; implied actual authority; apparent authority; duty to inquire;
notice of laws, regulations;
ratification; awards; salary and expenses;
resident-agent-in-charge; special-agent- in-charge; Asset Forfeiture Fund;
summary judgment Signed by Judge Wolski.
Filed 04/28/2006
Doctrine of Equivalents;
Double Inclusion; Literal
Infringement; Preponderance of the Evidence; United States Patent
No.6,142,637;
United States Patent No. 6,467,914; 28 U.S.C. § § 1491(a),
1498(35 U.S.C. § § 100(d), 112, 281; RCFC 24(a), 26(a), 52(c)
Signed by Judge Braden.
Filed 04/28/2006
Government contracts; Contract Disputes Act; summary
judgment; factual issues as to structural engineering calculations and meanings;
latent/patent defects in specifications and design; delay; administrative
effort to resolve questions of contract interpretation Signed by Judge Merow.
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