| 05/15/2013 | Bush | JUANITA L. HUGHETT V. THE UNITED STATES [10-723C] | Motion for Attorney’s Fees and Costs; Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Procedural Remand Did Not Convey Prevailing Party Status on Plaintiff; Government’s Litigating Position Was Substantially Justified. |
| 05/15/2013 | Damich | BRIAN CHARLES VAETH V. THE UNITED STATES [12-841C] | Application for Energy Project Grant(s); Complaint of Political Bias; Standing; Failure to have Submitted Application; Hypothetical Injury; Procurement |
| 05/10/2013 | Miller, G. | BEECHCRAFT DEFENSE COMPANY, LLC V. THE UNITED STATES [13-202C] | Post-Award Bid Protest; Override of the CICA Automatic Stay; 31 U.S.C. § 3553(d); Acquisition of Light Air Support Aircraft for the Afghan Air Force. |
| 05/09/2013 | Lettow | KWV, INCORPORATED V. UNITED STATES [12-882C] | Pre-award bid protest; challenge to agency’s disqualification of veteran-owned small business from participating in VA’s Veterans First Contracting Program; application of “control” within the meaning of 38 C.F.R. § 74.4 |
| 05/09/2013 | Firestone | SALVATORE BORTONE V. THE UNITED STATES [11-200C] | Living Quarters Allowance eligibility under the Overseas Differentials and Allowances Act; 5 U.S.C. § 5923; Department of State Standardized Regulations §§ 031.11-.12; Department of Defense Instruction 1418.1 |
| 05/08/2013 | Braden | CHEVRON U.S.A., INC. V. THE UNITED STATES [04-1365C] | Breach of Contract; Department of Energy Organization Act, Pub. L. No. 95-91 (1977); Implied Covenant of Good Faith and Fair Dealing; National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106 (1996) |
| 05/06/2013 | Hewitt | ROSS-HIME DESIGNS, INC. V. THE UNITED STATES [11-201C] | Access to Information Developed Under Space Act Agreement; Right to Public Inspection Under Space Act; Protective Order |
| 05/06/2013 | Allegra | INSIGHT SYSTEMS CORP., and CENTERSCOPE TECHNOLOGIES, INC. V. THE UNITED STATES [12-863C and 12-883C] | Pre-award bid protest; Cross-motions for judgment on the administrative record; Standard of review – Bannum; Proposals received by government mail server, but not forwarded to the next server in the government mail system |
| 05/06/2013 | Bush | CGS ADMINISTRATORS, LLC, and PALMETTO GBA, LLC V. THE UNITED STATES [13-87C & 13-91C] | Post-Award Bid Protest; Best Value Award Not Shown To Be Arbitrary, Capricious, an Abuse of Discretion, or Contrary to Law. |
| 05/06/2013 | Block | SERVICE DISABLED VETERAN OWNED SMALL BUSINESS NETWORK, INC. V. UNITED STATES OF AMERICA [12-224C] | Subject matter jurisdiction; Bid protest; Standing; Tucker Act |
| 05/03/2013 | Lettow | DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES [07-889V] | Vaccine case; petitioners’ challenge to a special master’s failure to act on a remanded vaccine case within the statutorily specified time; 42 U.S.C. § 300aa-12(e)(2)(C); absence of mandatory remedy |
| 05/01/2013 | Bruggink | QUEST DIAGNOSTICS, INC. V. THE UNITED STATES [12-907C] | Bid Protest; Agency Corrective Action; Limit on Proposal Revisions after Solicitation Amendment; Incumbency |
| 04/30/2013 | Damich | UNITRAC, LLC V. THE UNITED STATES [11-581C] | Patent infringement, 28 U.S.C. § 1498; summary judgment, RCFC 56; means-plus-function limitations, 35 U.S.C. § 112 |
| 04/30/2013 | Williams | ULYSSES, INC. V. THE UNITED STATES [06-436C] | Contract Disputes Act, 41 U.S.C. §§ 604 and 605; Request for Quotation; Approved Source; 48 C.F.R. § 13.004; Termination for Convenience, FAR 52.249-1; Government Counterclaims; False Claims Act, 31 U.S.C. § 3729 et seq.; Government Knowledge Defense |
| 04/30/2013 | Firestone | COLORCON, INC. V. THE UNITED STATES [09-594T] | 26 U.S.C. § 483; 26 U.S.C. § 163; Tax Refund; Unstated Interest; Interest Deduction; Deferred Payment; Short-Form Merger; In Lieu of Payment. |
| 04/26/2013 | Block | CLEAN FUEL LLC V. UNITED STATES OF AMERICA [12-79T] | American Recovery and Reinvestment Tax Act; Subject matter jurisdiction; RCFC 12(b)(1); Consequential damages; Lost profits; Tucker Act; “Money-mandating” source of law |
| 04/26/2013 | Merow | DIVERSIFIED MAINTENANCE SYSTEMS, INC. V. THE UNITED STATES [12-539C] | Motion to Dismiss for Lack of Subject-Matter Jurisdiction, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109; Burden of Proof for Jurisdictional Facts Establishing Submission of Claim to Contracting Officer |
| 04/25/2013 | Williams | UUSI, LLC, and OLDNAR CORP. V. THE UNITED STATES [12-216C] | Patent Infringement; 28 U.S.C. § 1498(a); 41 U.S.C. § 114; 28 U.S.C. § 2071(a), (c); 28 U.S.C. § 2503(b); Subject-Matter Jurisdiction; Rules of the United States Court of Federal Claims 12(b)(1), 14(b), 14(c)(1)(A); Third-Party Practice |
| 04/23/2013 | Lettow | SYSTEM FUELS, INC., et al. V. UNITED STATES [03-2623C] | Post-trial decision in a remanded case involving the Standard Contract for pickup of spent nuclear fuel; application of the 1987 industry-wide acceptance rate; causation; costs of mitigation for partial breach; avoided costs |
| 04/19/2013 | Wheeler | CMS CONTRACT MANAGEMENT SERVICES, ET AL. V. THE UNITED STATES [12-852C] | Pre-award Bid Protests; Project-based HUD Section 8 Housing Assistance Program; Procurement Contracts Contrasted With Cooperative Agreements; 31 U.S.C. §§ 6301 - 6308; Applicability of Competition in Contracting Act and Federal Acquisition Regulation; Ana |
