Keywords: Motion to Dismiss; Breach of Contract; Monetary Damages; Equitable Relief; Indemnification; Standing; Equal Access to Justice Act.
Keywords: re: Reported Opinion on Defendant's Motion to Dismiss. Copyright; 28 U.S.C. § 1498(b) (2012); Claim for Infringement of Software Developed Independently of Contract Work for the Government; 28 U.S.C. § 1500 (2012); Whether Two Suits Filed Simultaneously in District Courts Bar Suit in This Court. (TQ)
Keywords: Displacing Tucker Act; Specific Remedial Scheme; Waiver of Sovereign Immunity; Exhaustion; Federal Oil and Gas Royalty Management Act of 1982; Royalty Simplification and Fairness Act of 1996; 30 U.S.C. § 1721; 30 U.S.C. § 1724; Statute of Limitations; 28 U.S.C. § 2501; RCFC 9(k); Subject-Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6) re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.
Keywords: re: Fifth Amendment Taking; Statute of Limitations; Accrual of Cause of Action; Erosion; Stabilization Doctrine; Accrual Suspension Doctrine. (TF3)
Keywords re [55]: Pre-Award Bid Protest; 28 U.S.C. § 1491; Exclusion from the Competitive Range; FAR 15.306; Judgment on the Administrative Record; NASA.
Keywords -- Keepseagle Litigation; RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Contract Interpretation; Contractual Duty; Breach; Remedy.
Keywords: re: Reported Opinion: Post-award bid protest; standing; change in terms of solicitation as a result of corrective action; realism analysis of proposed professional compensation rates; FAR § 52.222-46.
Keywords: re: Reported Order, Bid Protest; Pre-award Protest; Judgment on the Administrative Record; OHA Appeal; Service-Disabled-Veteran-Owned.
Keywords: re: Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment; Failure to Follow Solicitation Requirements; Technical Evaluation; Cost/Price Evaluation
Keywords: re: Claim by federal employee for damages attendant to breach of a settlement agreement; summary judgment; RCFC 56(a); no genuine dispute as to any material fact; discretionary promotion not a basis for damages; receipt of a prior award from the EEOC provided plaintiff with complete relief.
Keywords: re: Reported Opinion. Post-Award Bid Protest; Alleged Proposal Evaluation Errors; Price Reasonableness of a Proposal Submitted by a Federal Supply Schedule Contractor; Preference for a Service-Disabled Veteran-Owned Small Business; Preliminary Injunction Request. (TQ)
Keywords: re: Patent case; motion for award of attorneys' fees and expenses pursuant to 28 U.S.C. § 1498(a); prevailing plaintiffs; jurisdiction; standing; patent owners' fee agreements with counsel; findings regarding justification for the government's position; reasonable attorneys' fees, expense of expert witnesses, and costs.
Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion, Reported Opinion. Contract; Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109 (2012); Dredging Contract; Differing Site Condition Claim; Superior Knowledge Claim; Barge Traffic Delay Claim; Severe Weather Delay Claim; Completion Survey Delay Claim; Return of Liquidated Damages Claim; Equitable Adjustment Claim; Re-dredged Quantity Costs Claim; Summary Judgment; RCFC 56. (TQ)
Keywords: Motion to Dismiss, Subject Matter Jurisdiction, Stabilization Doctrine, Continuing Claims Doctrine, Accrual, Boling v. United States, re: Order Denying Defendant's Motion to Dismiss, ECF No. 14.
Keywords: re: Motion for Reconsideration; Fifth Amendment Taking; Missouri River; Flooding; Liability; Causation.
Keywords: Sua Sponte Dismissal; Sovereign Citizen; Pro Se Plaintiff; Subject-Matter Jurisdiction; RCFC 12(h)(3); Frivolous Claims; 28 U.S.C. § 1500
Keywords: Corrective Action; Rational Basis Standard; Key Personnel; Bait and Switch; Best Value Determination; Agency Discretion; Motion for Permanent Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Denying Injunctive Relief re: Reported Opinion.
Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion toSupplement the Administrative Record with Expert Report; Findings in ReportNot Needed for Effective Judicial Review of Procurement Decision. (TQ)
Keywords: re: Reported Order, Pre-Award Bid Protest; Subject Matter Jurisdiction; Standing; Qualified to Compete; Nontrivial Competitive Injury; Office of Hearing and Appeals; NAICS Code; Past Performance Evaluation.