U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 08/31/2004
Summary Judgment; Claim for Damages for Breach of HUD Mortgage; RCFC
56(c); Absence of Genuine Issues of Material Fact Signed by Judge Hewitt.
Filed 08/31/2004
Consolidation; RCFC 42(a) Signed by Judge Lettow.
Filed 08/31/2004
Winstar-related
case; savings and loan;
damages; receivership deficit; Tucker Act jurisdiction Signed by Judge Smith.
Filed 08/31/2004
Winstar damages;
Summary Judgment; Partial
Restitution; Lost Profits; Reliance and consequential damages; Regulatory
capital provisions; Signed by Judge Smith.
Filed 08/30/2004
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 08/30/2004
FAR § 52.249-10 Termination for Default: Construction
Contracts; Failure to Make Progress; Justification of Default by Evidence of Fraud Offered
Post-Hoc Disallowed Based on Waiver; Material Breach Signed by Judge Gibson.
Filed 08/30/2004
Remand; Res Judicata; RCFC 11; Sanctions Signed by Judge Hewitt.
Filed 08/27/2004
Fifth Amendment; temporary regulatory taking; Cienega-related case; Emergency Low Income Housing
Preservation Act of 1987; Low-Income Housing
Preservation and Resident Homeownership
Act of 1990; Housing Opportunity Program Extension Act of 1996; remand of reinstated judgment; mandate
rule; law of the case; just compensation;
discounting; interest Signed by Judge Lettow.
Filed 08/25/2004
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Board for
Correction of Naval Records; Final Agency Action; Motion for
Reconsideration; Statutory Interpretation;
10 U.S.C. § 1552(a)(1); RCFC 59(a)(1) Signed by Judge Braden.
Filed 08/20/2004
Statute of Limitations: A suit to recover monies withheld from an employee's salary in satisfaction of a debt owed to the government accrues when the offset is
taken and not when the debt is first administratively established. Res
Judicata: An administrative decision affirming a
determination of a debt owed to the government
does not preclude a review action in this
court where adjudication before the agency
did not provide the claimant with an opportunity to cross-examine witnesses or to seek discovery. Legal Sufficiency of
the Complaint: The dismissal of a complaint for
failure to state a claim upon which relief
can be granted is not appropriate where a
hospitable reading of the facts alleged identifies a potential basis for recovery. Signed by Judge Wiese.
Filed 08/18/2004
Post-Award Bid Protest; Standing; State Action Doctrine; Substantial Chance; 10 U.S.C. § 2305(b)(3), The Competition Contracting
Act; 15 U.S.C. § 2, The Sherman Act; 28 U.S.C. §
1491(b)(1), The Tucker Act; 42 U.S.C. § 6961, The Resource Conservation and Recovery Act of
1976; Wash. Rev. Code § 81.77.040; RCFC 12(b)(1);
28 C.F.R. § 50-9 Signed by Judge Braden.
Filed 08/18/2004
Fifth Amendment Taking—Rate of interest to be applied to an award of just compensation Signed by Judge Wiese.
Filed 08/17/2004
Breach of contract; claim against the Army and Air Force Exchange Service; 28 U.S.C. § 1491(a)(1); cross-motions for
summary judgment; Rule 56(c); final judgment on
some claims; Rule 54(b); summaries of evidence;
Fed. R. Evid. 1006; business records; Fed.
R. Evid. 803(6) Signed by Judge Lettow.
Filed 08/16/2004
Jurisdiction; Non-Appropriated Fund Instrumentality;28
U.S.C. § 2517; RCFC 12(b)(1) Signed by Judge Braden.
Filed 08/16/2004
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 08/16/2004
Public Safety Officers' Benefits Act, 42 U.S.C. § 3796, Bureau of
Justice Assistance, Standard of review for denial
of benefits Signed by Judge Damich.
Filed 08/12/2004
Taking; subsurface mineral interests; prescription of mineral
interests merging with surface rights; statute
of limitations; equitable tolling; continuing claim doctrine Signed by Judge Yock.
Filed 08/12/2004
Prison Litigation Reform Act of 1995 ("PLRA"); in forma pauperis Signed by Judge Firestone.
Filed 08/10/2004
Subject matter jurisdiction; waiver of sovereign immunity; claims
arising under express contract; Multifamily
Assisted Housing Reform and Affordability
Act of 1997 Signed by Judge Wolski.
Filed 08/09/2004
Administrative Procedure Act, 5 U.S.C. § 706; Board for Corrections of
Naval Records; Deference; Due Process; Jurisdiction; Justiciability; Separation of
Powers; Statutory Interpretation; 10 U.S.C. § 1552(a)(1); 32
C.F.R. § 723.1-11; RCFC 56.1 Signed by Judge Braden.
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