| 09/09/2008 | Horn | CAREER TRAINING CONCEPTS, INC., v. UNITED STATES, (08-450C) | Post-Award Bid Protest; Injunctive Relief; Untimely Proposal; FAR Subpart 8.4, Federal Supply Schedules (FSS) versus FAR Part 15, Negotiated Procurement; FSS Labor Category; Discussions versus Clarifications; Evaluation of Proposals; Disqualification ... |
| 09/09/2008 | Miller, G. | PRECISION PINE & TIMBER, INC., v. THE UNITED STATES, (02-131C) | Motion for attorneys’ fees and expenses under Equal Access to Justice Act, 28 U.S.C. § 2412(d); counterclaim by Government for damages due to plaintiff’s breach of timber contracts; plaintiff as prevailing party where judgment entered in favor of... |
| 09/03/2008 | Bush | METRIC CONSTRUCTION CO., INC., v. THE UNITED STATES, (04-954C) | Application for Attorney’s Fees;Equal Access to Justice Act, 28 U.S.C. § 2412 2000); Whether the Government’s Position Was Substantially Justified |
| 09/03/2008 | Wheeler | CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., & ENTERGY NUCLEAR INDIAN POINT... v. THE UNITED STATES, (03-2622C and 04-33C) | Spent Nuclear Fuel Cases; Motion for Joinder Under RCFC 19(a); Necessary Party; Substantial Risk of Inconsistent Obligations |
| 08/28/2008 | Braden | CHEVRON U.S.A., INC., v. THE UNITED STATES, (04-1365C) | Attorney-Client Privilege;Attorney Work-Product Privilege;Certification,28 U.S.C. §§ 1292(b),(d)(2); Deliberative Process Privilege;Federal Courts Improvement Act of 1982,28 U.S.C. § 1292(d)(2);Interlocutory Appeal;Mandamus;“Misconduct Exception”.. |
| 08/28/2008 | Braden | CHEVRON U.S.A., INC., v. THE UNITED STATES, (04-1365C) | Jurisdiction; Motion to Dismiss, RCFC 12(b)(1) |
| 08/28/2008 | Braden | CHEVRON U.S.A., INC., v. THE UNITED STATES, (04-1365C) | Attorney-Client Privilege; Attorney Work-Product Privilege; Fed. R. Ev. 612; Motion for Reconsideration, RCFC 59(a)(1) |
| 08/28/2008 | Block | UNITED STATES SURETY COMPANY, et al, v. THE UNITED STATES OF AMERICA, (07-638C) | Suretyship; Liquidated Damages; Sua Sponte Grant of Summary Judgment |
| 08/28/2008 | Hewitt | ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES (06-407T) | Action for Readjustment of Partnership Items; I.R.C. § 6226; Motion for Protective Order; Relevance; Deliberative Process Privilege |
| 08/28/2008 | Futey | WALTER B. FREEMAN, v. THE UNITED STATES, (01-39L) | Takings; Suspension of Proceedings; Exhaustion of Administrative Remedies; Doctrine of Finality; Inadequacy of Administrative Proceedings |
| 08/28/2008 | Lettow | MARRIOTT INTERNATIONAL RESORTS, L.P., et al., v. UNITED STATES, (01-256T & 01-257T consolidated) | Cross-motions for summary judgment in a tax case; recognition of basis upon contribution of assets and liabilities to a partnership; 26 U.S.C. §§ 722, 752; contingent liabilities; short sales; Federal Reserve Board’s Regulation T |
| 08/26/2008 | Allegra | BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES, (01-669C) | Trial; Breach of contract; Section 8 housing program; Housing Assistant Payments contracts and associated regulatory agreements; Requirement that owner maintain decent, safe and sanitary housing for tenants;HUD properly determined that properties in... |
| 08/26/2008 | Miller, G. | HOMER J. HOLLAND, STEVEN BANGERT, Co-Executor of the Estate of HOWARD R. ROSS, v. THE UNITED STATES, (95-524C) | Winstar-related proceeding, damages for breach of contract, Financial Institutions Reform,Recovery, and Enforcement Act of 1989(FIRREA), expectation damages, reasonable foreseeability of damages, breach of contract as substantial causal factor in ... |
| 08/22/2008 | Lettow | NEZ PERCE TRIBE, v. UNITED STATES, (06-910L) | Indian trust claims brought under the Indian Tucker Act, 28 U.S.C. § 1505;subject matter jurisdiction circumscribed by 28 U.S.C. § 1500; same-day filings;effect of time of filing during day |
| 08/22/2008 | Smith | INNOVAIR AVIATION, LTD v. THE UNITED STATES, (96-408C) | Fifth Amendment, Takings, Damages; Just Compensation; Discount Rate; Interest; Present Value Calculation; Discounted Cash Flow |
| 08/20/2008 | Margolis | STERLING, WINCHESTER & LONG, L.L.C., v. THE UNITED STATES, (05-297C) | Trademark license agreement; contract interpretation; parol evidence; integration clause |
| 08/20/2008 | Sweeney | CEBE FARMS, IND., and JOSEPH CEBE, v. THE UNITED STATES, (05-965C) | Fifth Amendment Takings Claim; RCFC 12(c); Judgment on the Pleadings; Exotic Newcastle Disease in Livestock; 7 U.S.C. § 8306 (2000); Motion to Amend; RCFC 15 |
| 08/15/2008 | Bush | L-3 GLOBAL COMMUNICATIONS SOLUTIONS, INC., v. THE UNITED STATES, (08-101C) | Post-Award Bid Protest; Responsiveness Depends on a Bid’s Facial Compliance with Material Requirements of the Solicitation; Elements of Proof for a “Bait and Switch” Challenge; Awardee’s Rejected Proposal for Post-Award Contract Modification Does |
| 08/15/2008 | Smith | INNOVAIR AVIATION, LTD v. THE UNITED STATES, (96-408C) | Fifth Amendment; Takings; Police Power;Motion for Reconsideration; Innocent Owner; Evidence for Criminal Prosecution |
| 08/14/2008 | Wolski | JORGE A. DELPIN APONTE, et al., v. THE UNITED STATES, (05-1043C) | United States Postal Service; Fair Labor Standards Act, 29 U.S.C. § 207(a)(1)(overtime compensation); Territorial Cost of Living Adjustment(TCOLA); regular rate; RCFC 15(a)motion to amend; undue prejudice; futility; opt-in class action under RCFC 23;... |
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