U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 03/25/2004
Alternative Remedy Case, 31 U.S.C. § 3730(c)(5); False
Claims Act, 31 U.S.C. § 3729 et seq;
Intervention Under RCFC 24;Qui Tam Action; Stay Signed by Judge Braden.
Filed 03/24/2004
Contracts Dispute Act, 28 U.S.C. § 1491(a)(2);
Counterclaim Jurisdiction; Declaratory Judgment; Integration Clause; Quasi-Contract; Summary Judgment; Requirement of Certainty; Restitution; Set-Off Signed by Judge Braden.
Filed 03/23/2004
Military Pay Act, 37 U.S.C. § 204; class action; involuntary retirement; harmless-error analysis;
motion for remand; evidentiary standards
for proceedings on remand and for subsequent review by this Court Signed by Judge Lettow.
Filed 03/23/2004
Motion for protective order; deposition of an expert witness; Rule
26(b)(4)(A); Rule 30(a)(2)(B); Rule 30(d)(2);
multiple depositions of same witness; length
of depositions Signed by Judge Lettow.
Filed 03/22/2004
Contracts; breach of contract; summary judgment; sovereign acts doctrine;
unmistakability doctrine; Farmers Home
Administration; Emergency Low Income Housing Preservation Act of
1987, 42 U.S.C. § 1472(c) (2000), and
12 U.S.C. § 1715l (2000); Housing and Community Development Act of
1992; section 515 of the Housing Act of 1949, 42 U.S.C. §
1485 Signed by Judge Miller, C..
Filed 03/19/2004
Motion for document preservation order; Authority to issue order; Inherent powers; Article I courts; Judicial power; Integrity of judicial process; 28 U.S.C. § 174; 28 U.S.C. § 2503(c); RCFC 16(c); Require-ments for issuing preservation order; Past handling of tribal records indicative of risk of loss or destruction; Order issued requiring, inter alia, indexing and limited inspection of documents Signed by Judge Allegra.
Filed 03/19/2004
Motion to join real party in interest; RCFC 17(a) Signed by Judge Futey.
Filed 03/19/2004
Videotaped deposition, attorneys' fees, bad faith, high-ranking government official Signed by Judge Allegra.
Filed 03/18/2004
Contracts; valid basis for claim to contracting officer;
request for certain sum of money Signed by Judge Margolis.
Filed 03/17/2004
Breach of Contract; Bailment Contract; Contracting Authority;
Cross-motions for Summary Judgment Signed by Judge Hewitt.
Filed 03/17/2004
Civilian Pay; 5 U.S.C. § § 5701- 5710 (2000); Federal Travel Regulation, 41
C.F.R. pts. 300-304 (2003); Motion to dismiss; RCFC 12(b)(6); Motion for summary
judgment; RCFC 56 Signed by Judge Hewitt.
Filed 03/17/2004
Declaratory Relief; Urgent and Compelling Circumstances; Override of
Automatic Stay Under 31 U.S.C. § 3553(d)(3)(C);
Rational Basis; Simplified Acquisition
Procedures Under 48 C.F.R. § 13.003 Signed by Judge Merow.
Filed 03/15/2004
Winstar-related case; trial to prove lost profits
damages; judgment on partial findings
under RCFC 52(c); Financial Institutions Reform, Recovery,
and Enforcement Act; substantial factor
causation, foreseeability, and reasonable
certainty; jury verdict method; whether expert opinion is supported by
facts in evidence and is otherwise
credible Signed by Judge Hewitt.
Filed 03/15/2004
Post-award Bid Protest; Preliminary Injunction;
Rejection of Incumbent's Proposal for Failure to Submit a
Mobilization Plan Signed by Judge Williams.
Filed 03/09/2004
Winstar; FIRREA;
breach of contract damages recoverable by
corporate contract party, shareholders in
privity; expectancy damages; lost profits; direct
action by shareholders; derivative action on
behalf of corporate entity; assignment of
claims Signed by Judge Miller, G..
Filed 03/04/2004
Military Pay; Substantial Evidence Standard Signed by Judge Firestone.
Filed 03/04/2004
Contracts: Timber Sales; 16 U.S.C. § 500—California
counties cannot recover under a statute that
confers proceeds of timber sale contracts
on states or territories because the
National Forest Service owed neither a
contractual duty nor a statutory duty to the
counties Signed by Judge Wiese.
Filed 03/03/2004
Summary Judgment; Compensation for Citrus Canker Disease,
Pub. L. No. 106-387, § 810; Statutory
Interpretation Signed by Judge Horn.
Filed 03/01/2004
Unconstitutional Exactions; Rules of Statutory Interpretation; EPACT Special Assessment Signed by Judge Block.
Filed 02/27/2004
Winstar-related
case; cross-motions for summary judgment on damages; expectancy damages; mitigation; causation; lost profits; cost of replacement capital;
incidental losses Signed by Judge Lettow.
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