U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 02/26/2004
Winstar; Guarini legislation; "Tax benefits;" Damages;
Set-off; Interest Signed by Judge Bruggink.
Filed 02/25/2004
Contracts; Guarini Legislation; Tax benefits; Implied
covenant of good faith and fair dealing;
Assumption of risk of regulatory change Signed by Judge Bruggink.
Filed 02/24/2004
Post-award Bid Protest; Supplementation of Administrative
Record; Limited Depositions Signed by Judge Williams.
Filed 02/23/2004
Motion to Dismiss; Civil Service Reform Act; Collective
Bargaining Agreement; Waiver of Individual Employee's Right to
Judicial Remedy Signed by Judge Merow.
Filed 02/23/2004
Winstar-related
case; damages; Cost of capital replacement Signed by Judge Damich.
Filed 02/20/2004
Class Action Settlement, Final Approval Signed by Judge Horn.
Filed 02/19/2004
Motion for Reconsideration; Summary Judgment; Rule 56(f); Design/Build Contract; Army Corps of Engineers; Best
and Final Offer Signed by Judge Hodges.
Filed 02/18/2004
Military Pay; RCFC 56.1; Separation on the Ground of Best Interest of the Service (BIOTS); Procedural Flaws; Harmless Errors Signed by Judge Hewitt.
Filed 02/18/2004
Motion for Partial Dismissal; RCFC 12(b)(1); the Election Doctrine, 41
U.S.C. § § 605, 609 (2000); the Fulford
Doctrine; defense against the assessment
of reprocurement costs Signed by Judge Hewitt.
Filed 02/17/2004
Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss; Rule 12(b)(1); Rule 12(b)(6); Motion for Judgment Upon
the Administrative Record; Rule 56.1; Army Board
for Correction of Military Records; constructive military service; voluntary and knowing waiver of required element for relief Signed by Judge Lettow.
Filed 02/11/2004
Trial; Regulatory taking; American Fisheries Act -
barring access to the Bering Sea and Aleutian Islands pollack fishery;
Penn Central factors; Cognizable
property interest - licenses, permits and
putative statutory benefits; Equal protection
analysis distinguished; Economic impact;
Reasonable investment-backed expectations; Impact
of decisions made post-acquisition; Character of governmental action; Singling out for disparate treatment; American Pelagic distinguished; No taking found Signed by Judge Allegra.
Filed 02/11/2004
Contracts; Contract Disputes Act; Cases in Admiralty; Transfer
to cure lack of jurisdiction Signed by Judge Bruggink.
Filed 02/09/2004
Winstar-related
case; motion to dismiss; illegal exaction Signed by Judge Merow.
Filed 02/03/2004
Bid protest; Justiciability; Unusual and
compelling urgency exception to the Competition In Contracting
Act, 10 U.S.C. § 2304(c)(2); Administrative Procedure Act, 5
U.S.C. § 706(2)(A); Organizational Conflict of Interest Signed by Judge Futey.
Filed 02/02/2004
Military pay; procedural due process; discharge board hearing; material
prejudice; AR 635-200 ¶ 2-10b(1) (Oct. 17,
1990) - right to appear with counsel -
military and/or civilian, unavailability of counsel; AR 635-200 ¶
2-10f - requirement of accurate
transcript; due process right to a hearing
with counsel present Signed by Judge Miller, C..
Filed 02/02/2004
Motion to Intervene; Rule 24 of the Rules of the United States Court of
Federal Claims; Intervention of Right;
Permissive Intervention Signed by Judge Hewitt.
Filed 01/28/2004
Breach of contract; motion to dismiss; Rule 12(b)(1); subject matter
jurisdiction; Multiple Schedule Award under the
Federal Supply Schedule program; Contract
Disputes Act; submission of claim; receipt of claim; two contracting officers with partial authority; deemed
denial; termination for default; stay of
proceedings; Rule 15(d); supplemental
pleading Signed by Judge Lettow.
Filed 01/28/2004
Long-Term Timber Sale Contract; Legislative Breach; Remedies -
Right of Non-Performance, Expectancy,
Reliance and Restitution; Losing Contract; Causation; Substantial Factor;
Proof of Harm; Contemporaneous Assessments
of Harm Signed by Judge Baskir.
Filed 01/26/2004
Civil Service Reform Act; 5 U.S.C. § 7121(a); motion to dismiss;
power of union as exclusive representative
of federal employees in collective bargaining unit; collective bargaining agreement; individual right to
judicial remedy; statute of limitations;
accrual Signed by Judge Lettow.
Filed 01/26/2004
Summary judgment, contract dispute, jet fuel
sales, EPA clauses, waiver Signed by Judge Damich.
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