U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 09/23/2004
Equal Access to Justice Act;
Attorney fees; No recovery for prior court activity;
COLA Signed by Judge Merow.
Filed 09/22/2004
FBI Agent; Contracts; Breach of
Contract; Reimbursement of Expenses Deemed in Furtherance of
Contract; Absence of
Explicit or Specific Pre-approval not Basis for Denying Reimbursement Signed by Judge Hodges.
Filed 09/20/2004
Contracts; Brooks Act;
Motion in Limine; Right to Damages Even in Absence of Appropriated Funds for Performance; Application of CDA to Barter Contract Signed by Judge Bruggink.
Filed 09/17/2004
RCFC 26 Protective Order; Motion to Dismiss;
Jurisdiction of Court of
Federal Claims and U.S.
Court of International Trade; Antidumping and Countervailing
Duties; Exhaustion of
Remedies Signed by Judge Block.
Filed 09/16/2004
Post-award Bid Protest;
28 U.S.C. § 1491(b); Interested Party; Subcontractor
Standing Signed by Judge Williams.
Filed 09/15/2004
Contracts; construction; early completion delay claim; cumulative impact claim; total cost damage theory; accord and satisfaction Signed by Judge Yock.
Filed 09/14/2004
Jurisdiction; Tucker Act;
Statute of Limitations,
28 U.S.C. § 2501; Takings; Declaratory Judgment; Action to Quite Title; Equitable Relief; Treaty Cases, 28 U.S.C. §
1502 Signed by Judge Futey.
Filed 09/14/2004
National Vaccine Injury Compensation Program; Motion for Review; 42 U.S.C. §
300aa-12(e)(2)(B); Special Master Discretion; Credibility Signed by Judge Hodges.
Filed 09/10/2004
Post-Award Bid Protest; Compliance with
Solicitation Requirements Signed by Judge Horn.
Filed 09/10/2004
Military pay; pro se; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); statute
of limitations, 28 U.S.C.
§ 2501 (2000); equitable
tolling; "accrual suspension" rule; tort Signed by Judge Miller, C..
Filed 09/10/2004
Takings; Rails to Trails Act; Attorney
Fees; Offer of
Judgment
Signed by Judge Bruggink.
Filed 09/09/2004
Tax Refund Claim; Statute of Limitations, 26 U.S.C. §
6511(a); Requirement to File an Administrative Claim Prior to Bringing Suit,
26 U.S.C. §7422(a); Specificity of Administrative Refund Claims, 26 C.F.R. §
301.6402-2(b)(1); Variance Between Administrative Claim and Claim Before
the Court; Amendments to Refund Claims; Interest Suspension, Rev. Rul. 99-40;
Global Interest Netting, 26 U.S.C. § 6621(d) Signed by Judge Horn.
Filed 09/09/2004
Winstar-related Case; Contract Damages;
Expectancy Damages; Lost Profits; Cost of Replacement Capital; Reliance
Damages Signed by Judge Horn.
Filed 09/08/2004
Contracts; Winstar-related case; liability for
breach of contract;
liability for breach of contract implied in fact; authority of supervisory agents; summary
judgment Signed by Judge Yock.
Filed 09/08/2004
Impact of filing notice of appeal where the appellate court plainly
lacks jurisdiction; Order
staying discovery; Interlocutory; Trial court jurisdiction
retained; Response to motion to
dismiss ordered Signed by Judge Allegra.
Filed 09/07/2004
Civilian pay claims;
Discovery dispute; Motion
for sanctions; Court's
jurisdiction to declare
rights of employees with
respect to leave status Signed by Judge Bruggink.
Filed 09/03/2004
Patents; infringement; invalidity, 35 U.S.C. § 112 (2000); implied
license; obviousness, 35
U.S.C. § 103(a); anticipation; on-sale bar, 35 U.S.C. § 102(b); joint inventorship, 35 U.S.C. § 116; reasonable royalty Signed by Judge Miller, C..
Filed 09/02/2004
Rural housing program under section 515 of the Housing Act of 1949; Prepayment
right; ELIHPA and the
HCDA; Breach of contract;
Unmistakability doctrine; Law of the case doctrine; Takings; Expectancy
damages; Lost profits; Mitigation; Proximate result; Forseeability;
Reasonable certainty;
Time of breach; Discounted cash flow; Speculation vs. reasonable approximation Signed by Judge Allegra.
Filed 09/01/2004
Contract; Motion to Dismiss;
RCFC 12(b)(1); RCFC
12(b)(6); Motion for
Summary Judgment; Rule 56; Statute of Limitations; Authority of HUD Field Asset Manager to agree to permit prospective
purchaser of property to
bid on HUD mortgage in
foreclosure Signed by Judge Hewitt.
Filed 08/31/2004
Trial; Contract Disputes Act; Federal Employees Health Benefits Program; Failure to pay premiums; Underpayment for 1990 through 1996 determined; Underpayment for 1988 and 1989 denied; Administrative and contingency reserves; Jurisdiction to resolve non-monetary disputes; Specific performance; Interest Signed by Judge Allegra.
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