U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 12/30/2005
Tax Refund Claim; Completed Contract Method of
Accounting; Time of Contract Completion; Change in Method of
Accounting Signed by Judge Merow.
Filed 12/30/2005
Winstar; Finality
of Partially Affirmed Judgment; Enforcement of Partial Judgment Signed by Judge Bruggink.
Filed 12/30/2005
Statute of limitations;
Equitable
Tolling;
Manifestation of Onset Signed by Judge Bruggink.
Filed 12/29/2005
Breach of Contract;Contract Disputes Act, 41 U.S.C. § §
601 et seq.; Deficiency in Certification; Just Compensation Clause of the Fifth
Amendment to the United States Constitution; RESTATEMENT (SECOND) OF
CONTRACTS
§ § 58-59 (1981); RCFC 56(c)-Summary Judgment Signed by Judge Braden.
Filed 12/29/2005
RCFC 20(a),
Joinder; RCFC 23, Class Action Signed by Judge Braden.
Filed 12/29/2005
Back Pay Act, Civil Service Reform Act, motion to
dismiss, pro se plaintiff, subject matter jurisdiction, transfer Signed by Judge Wheeler.
Filed 12/22/2005
Discovery; Motion to Compel; RCFC 26; Whether Discovery
is Allowed of Communications Between Parties that May or May Not Already be in
the Possession of a Party Signed by Judge Hewitt.
Filed 12/21/2005
Statute of limitations under 28 U.S.C. § 2501; Failure
to file within the limitations period does not remove the court's subject matter
jurisdiction; Real party in interest under RCFC 17(a) Signed by Judge Damich.
Filed 12/20/2005
Subject matter jurisdiction; Tucker Act, 28 U.S.C. §
1491(a)(1); Motion to Dismiss; Fifth Amendment to the U.S. Constitution;
taking without just compensation; in rem forfeiture; Civil Asset Forfeiture
Reform Act of 2000, 18 U.S.C. § 983; in personam forfeiture; review of district
court decisions; timeliness; leasehold interest; power of eminent domain;
police power Signed by Judge Baskir.
Filed 12/20/2005
Fair Labor Standards Act, 29 U.S.C. § 201 et seq.;
overtime pay claim; bona fide dispute; unequal bargaining power;
settlement agreement; accord and satisfaction; Civil Service Reform Act, 5
U.S.C. § 7101 et seq.; collective bargaining agreement; union representation;
knowing and intelligent waiver; advice of counsel Signed by Judge Baskir.
Filed 12/20/2005
Federal Circuit Remand; Trial Court Response; Indian
Tucker Act; Compensable Trust; Coal Lease Royalties; Network of Statutes
and Regulations; Waiver Doctrine in Appellate Practice Signed by Judge Baskir.
Filed 12/20/2005
Motion for interlocutory appeal or entry of judgment
under RCFC 54(b); Final judgment rule; 28 U.S.C. § 1292(d)(2);Controlling
question of law; Substantial grounds for difference of opinion;Whether
certification would materially advance termination of litigation; Grounds for
interlocutory appeal found lacking; RCFC 54(b) - directing entry of judgment on
one or more claims; Entry of judgment would not promote efficient resolution
of litigation; Motion denied Signed by Judge Allegra.
Filed 12/19/2005
Motion to intervene under RCFC 24(a)(2); Motion
for attorney's fees; Jurisdiction under 25 U.S.C. § 1779e Signed by Judge Damich.
Filed 12/16/2005
Motion for reconsideration; Tucker Act; 28 U.S.C. §
1491(a)(1); Indian Tucker Act, 28 U.S.C. § 1505; money-mandating
duties; creation of a trust; Appropriation Acts for the Department of
Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; motion to
initiate a procedure for providing notice to potential plaintiffs; RCFC 14(b);
implementation of responsibility to oversee joinder of additional parties in
an orderly manner; interpretation of Hoffmann-La Roche Inc. v. Sperling, 493
U.S. 165 (1989); limitations on participation of amici curiae; consideration of
issuance of summons pursuant to 41 U.S.C. § 114 Signed by Judge Lettow.
Filed 12/16/2005
28 U.S.C. § 1500; 28 U.S.C. § 1631; Title VII of the
Civil Rights Act; Equal Pay Act Signed by Judge Firestone.
Filed 12/16/2005
U.S. - U.K. Tax Treaty; Summary Judgment; Conflicting
Expert Testimony Signed by Judge Firestone.
Filed 12/15/2005
Motion to dismiss; mootness; jurisdiction; case or
controversy;capable of repetition but avoiding review; voluntary cessation of
illegal conduct; government contracts; bid protest; suspension Signed by Judge Damich.
Filed 12/14/2005
Competition in Contracting Act, cardinal change
doctrine, Medicare claims processing, Coordination of Benefits Contract,
"crossover" of Medicare adjudicated claims to secondary insurers, contract
modification, consolidation of
"crossover" function in COB contractor,
judgment on the administrative record pursuant to RCFC 56.1, criteria for
injunctive relief, balance of harms, public interest Signed by Judge Miller, G..
Filed 12/13/2005
Contract Disputes Act; failure to certify claim to
contracting officer; failure to state a claim; res judicata Signed by Judge Damich.
Filed 12/12/2005
Summary Judgment;
Contract Interpretation;
Cost
Reimbursement Contract; Fixed Fee; Course of Dealing; Recovery of Government
Overpayment Signed by Judge Williams.
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