U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago
Filed 05/24/2005
Motion for reconsideration, Rule 59, extraordinary
circumstances, timber sale contracts, breach damages,
constructive termination Signed by Judge Miller, G..
Filed 05/24/2005
Motion to dismiss for lack of subject matter
jurisdiction; RCFC 12(b)(1); absence of jurisdiction over a tax claim that
seeks relief other than a refund of taxes paid Signed by Judge Lettow.
Filed 05/24/2005
Post-award Bid Protest; Temporary
Restraining Order; Bond; RCFC 65; RCFC 65.1; FAR 15.208; Late
Proposal Signed by Judge Williams.
Filed 05/18/2005
Settlement of a class action; final approval; RCFC
23(e) Signed by Judge Lettow.
Filed 05/12/2005
Military Pay; Motion to Dismiss; Statute of Limitations,
28 U.S.C. § 2501 Signed by Judge Horn.
Filed 05/12/2005
Motion to Dismiss; Lease of Government Land; Breach of
Contract; Fifth Amendment Taking; Election of Forum; Res
Judicata Signed by Judge Horn.
Filed 05/12/2005
Motion to substitute; RCFC 25(c); Section 302(b)(3) of
the Nuclear Waste Policy Act of 1982; supersession of the Assignment of
Contracts Act and the Assignment of Claims Act; partial assignment;
Restatement (Second) Contracts § 326; joinder; RCFC 20(a) Signed by Judge Lettow.
Filed 05/12/2005
Certification of Interlocutory Appeal; 28 U.S.C. §
1292(d)(2); 26 U.S.C. § 6103 Signed by Judge Williams.
Filed 05/11/2005
United States Customs Service; 19 U.S.C. 1526(e);
Counterfeit Certification Marks; Illegal Exaction;
Fifth Amendment Taking;
Police Power;
Anticounterfeiting Consumer Protection Act of 1996 Signed by Judge Hodges.
Filed 05/10/2005
Attorney fees; Equal Access to Justice Act; amendment
of application; override of stay during General Accountability Office
bid protest Signed by Judge Merow.
Filed 05/05/2005
Public Health Service Commissioned Corps;
42 U.S.C. §
206(b) and special temporary positions; ministerial acts; deference to
military judgment; revocation of
appointment; power to remand Signed by Judge Wolski.
Filed 05/02/2005
Post-Award Bid Protest;
Contract Award Reevaluation Signed by Judge Bruggink.
Filed 05/02/2005
Motion in Limine; Fair Labor Standards Act (FLSA); 29
U.S.C. § § 201-219 (2000); Whether Terms of National Treasury Employees
Union Collective Bargaining Agreement Waived Claims under FLSA for Work
Not "Specifically Ordered or Authorized" Signed by Judge Hewitt.
Filed 04/29/2005
Spent Nuclear Fuel; Nuclear Waste Policy Act;
Standard Contract; One-Time Fee; Condition (condition precedent); Delivery
Commitment Schedule (DCS); Recoupment; Contract Liability Signed by Judge Damich.
Filed 04/29/2005
Review of reconsideration decision of Air Force Board
for Correction of Military Records; Survivor Benefit Plan, 10 U.S.C. § § 1447-55;
election of former spouse coverage; fraud; proper reconsideration
procedure Signed by Judge Wolski.
Filed 04/29/2005
Winstar-related case;
expectancy damages; Restatement (Second) Contracts § 347; lost profits;
incidental losses Signed by Judge Lettow.
Filed 04/29/2005
Contract Disputes Act, 41 U.S.C. § 609;
The Tucker
Act, 28 U.S.C. § 1491(a)(2);
28 U.S.C. § § 1503, 2508;
41 U.S.C. §
605(c)(1);
48 C.F.R. § 2.101 Signed by Judge Braden.
Filed 04/29/2005
National Childhood Vaccine Injury Act; State court
negligence proceeding Signed by Judge Bruggink.
Filed 04/28/2005
Contract Disputes Act; Equitable
Adjustment;
Forfeiture of Fraudulent Claims, 28 U.S.C. § 2514; Fraud
Provision of the Contract Disputes Act, 41 U.S.C. § 604; False Claims Act, 31
U.S.C. § 3729; "Knowingly"; "Deliberate Ignorance";
"Reckless Disregard";
Incurred Costs;
Architecture and Engineering Fees;
Bid-Design-Build
Project; Signed by Judge Hodges.
Filed 04/28/2005
Motion to Intervene; RCFC 24; ancillary jurisdiction;
what constitutes a legally protectable interest; subject matter
jurisdiction;
third party practice in the Court of Federal Claims Signed by Judge Damich.
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