U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago
Filed 07/20/2004
Tax Refund; Motion to Dismiss; Jurisdiction; Due Process Claims; Tort
Claims Signed by Judge Horn.
Filed 07/16/2004
Improper joinder; RCFC 19(a); RCFC 20(a); Having common legal or factual questions not enough, in itself, to support permissive joinder under RCFC 20(a); Comparison to RCFC 40.2; RCFC 21 - appropriate relief; Severance ordered Signed by Judge Allegra.
Filed 07/16/2004
Prevailing Rate Systems Act, 5 U.S.C. § § 5341-5349 (2000); Premium Pay
and Differentials, 5 C.F.R. § 532, App. A to Subpart E (2004); Back Pay Act, 5 U.S.C.
§ 5596 (2000); Occupational Safety and Health Act, 29 U.S.C. § §
651-678 (2000); environmental differential
pay; statute of limitations; fraudulent concealment; threshold airborne
asbestos exposure concentration level;
supervisory employees Signed by Judge Miller, C..
Filed 07/14/2004
Bid Protest; best value; lowest price technically acceptable; arbitrary and capricious; judgment on the administrative record; RCFC 56.1; source
selection decision; source selection evaluation
panel Signed by Judge Miller, G..
Filed 07/12/2004
Class action; Motion to amend entry of appearance; Rule 15 RCFC;
Relation back; Limitations of actions Signed by Judge Bruggink.
Filed 07/09/2004
Breach of contract; claim against contractor by General
Services Administration; motion to dismiss; jurisdiction over claim for declaratory relief; 28 U.S.C. § 1491(a)(2);
Rule 12(b)(6); interest; 41 U.S.C. § 611
Signed by Judge Lettow.
Filed 07/09/2004
Motion to dismiss; contract; subject matter jurisdiction; Tucker Act,
28 U.S.C. § 1491; authority to bind the government; sovereign versus proprietary
government contracts Signed by Judge Damich.
Filed 07/09/2004
Motion for discovery in post-award bid protest; presumption of regularity and good faith conduct; organizational conflict of interest review Signed by Judge Wolski.
Filed 07/02/2004
Post-Award Bid Protest; Supplementation of
Administrative Record; Allegations of Bias, Bad Faith, and Erroneous Past
Performance Evaluation Signed by Judge Williams.
Filed 07/02/2004
Contracts; nonappropriated fund instrumentality
(NAFI); military morale, welfare, and
recreation activity; Contract Disputes Act; retroactivity; motion to dismiss; subject matter jurisdiction; motion to transfer; and
reinstatement of takings claim previously dismissed. Signed by Judge Yock.
Filed 06/30/2004
Military Pay Act, 37 U.S.C. § 204; motion to dismiss; Rule 12(b)(1); motion for judgment upon the administrative record; Rule 56.1; Air
Force Board for Correction of Military Records;
constructive military service; evidentiary
hearing on jurisdictional facts;
voluntariness of separation from the military
in lieu of court-martial; ineffective
assistance of counsel; DNA evidence; sample destruction; recovery of
back-pay by enlisted service member; mitigation
of backpay damages; right to reenlistment;
remand; Rule 56.2 Signed by Judge Lettow.
Filed 06/30/2004
Military Pay; Motion to Dismiss; RCFC 12(b)(1);
RCFC 12(b)(6); Cross-Motions for Judgment on the Administrative Record;
RCFC 56.1; Jurisdiction; Justiciability;
Supplemental Promotion Consideration Signed by Judge Hewitt.
Filed 06/30/2004
Motion to Strike; RCFC 12(f); Bid Preparation and Proposal Costs; 28 U.S.C. § 1491(b)(2) (2000); Severin
Doctrine; Sufficiency of Evidence Signed by Judge Hewitt.
Filed 06/30/2004
Military discharge, separation pay 28 U.S.C. 2501 Signed by Judge Hodges.
Filed 06/29/2004
RCFC 56.1; Judgment on the Administrative Record; Plaintiff,
Collateral Review of Courts-Martial Signed by Judge Block.
Filed 06/25/2004
Causal Connection; Constitutional Standing; Derivative
Action; Injury In Fact; Mutuality of Intent; Novation;
Supervisory Goodwill; Third-Party Beneficiary; Winstar-related Case Signed by Judge Braden.
Filed 06/25/2004
Post-Award Bid Protest; Summary Judgment; Agency
Estimate; Cost Realism; Anti- Deficiency Act; Price Reasonableness; Cost
and Pricing Data; Cancellation of Invitation for Bid Signed by Judge Block.
Filed 06/24/2004
Admission by party-opponent; Fed. R. Evid. 801(d)(2); use of
depositions at trial; RCFC 32(a)(2); challenge
to expert testimony on relevancy grounds; Fed. R. Evid. 702; designation of new witnesses; RCFC App. A,
¶ 13(b); limitations on deposition; RCFC 30(d)(2) Signed by Judge Lettow.
Filed 06/24/2004
Summary Judgment; Settlement Agreement; Contract Interpretation Signed by Judge Horn.
Filed 06/23/2004
Civilian back pay claim; Bankruptcy court system; Bankruptcy judge;
Judicial review of adverse personnel actions; Civil Service Reform Act of 1978, Pub. L. 95-454, 92 Stat. 1111;
Bankruptcy Reform Act of 1978, Pub. L. 95-598, 92
Stat. 2549; Fausto doctrine Signed by Judge Baskir.
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