The U.S. Court of Federal Claims recently ordered entry of partial final judgment and the payment of breach-of-contract damages in Stockton East Water District & Central San Joaquin Water Conservation District v. United States.  In that case a California state agency that supplies agricultural irrigation water to farmers in the drought-prone Central Valley of California sued the Government after the Bureau of Reclamation refused to honor its contract to deliver water to the agency.

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Turning Back Time

January 27, 2015

The U.S. Court of Federal Claims recently denied a motion for reconsideration filed by Plaintiff, Guardian Angels Medical Service Dogs, Inc., confirming the Court’s earlier dismissal of Guardian’s claim as time barred. In Guardian Angels Medical Service Dogs, Inc. v. United States, the Court had granted the Government’s motion to dismiss the complaint as untimely. Guardian filed a motion for reconsideration, arguing first that the statute of limitations had not begun to run until the Contracting Officer sent its May 3, 2013 response to Guardian’s letter seeking reconsideration, which characterized as the Contracting Officer’s final decision.

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Crime and Punishment–But No Trust Duty

December 29, 2014

On July 26, 2004, Robert Louis Salter, Jr. was convicted of unlawful possession of a machine gun and failing to appear in court. He was sentenced to 151 months in federal prison and a $50,000 fine. While incarcerated he opened an inmate prison trust fund account in which he deposited his prison wages and other funds. Salter also agreed to participate in the Inmate Financial Responsibility Program, from which he could make payments toward his court-ordered fine.

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Court Rejects Novel Jurisdictional Theory

December 23, 2014

In VFA, Inc. v. United States, the U.S. Department of Defense announced that it planned to replace the various facility assessment programs used across the Department with the Army Corps of Engineers’ Sustainment Management System. VFA, Inc., which is a provider of software and process solutions that are used to assess and manage the conditions of military installations, filed suit arguing that the Government was obligated to conduct a competitive bid before choosing what program to use as the standard assessment program.

The Government moved to dismiss the case for lack of jurisdiction, arguing that the procurement requirements did not apply because there had been no procurement.

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Big Law – The Boutique Way

November 14, 2014

The Washington, D.C., Chapter of the INBLF (International Network of Boutique Law Firms) hosted its 11th Annual Black Tie Weekend in the Nation’s Capitol on October 9-12, 2014. The Black Tie Dinner was held at the United States Supreme Court’s Great Hall with Justice Alito as guest of honor. Appearing as guest speaker, Kenneth Feinberg, the “Master of Disaster,” spoke of his work as special master for victims’ compensation funds.

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Never on Sunday Back-Pay Class Certified

October 28, 2014

In Jones v. United States, the Plaintiffs sought to certify a class of all part-time federal employees who had not been paid premium pay for regularly scheduled work performed on Sunday. The Government opposed class certification, arguing that an individualized approach was necessary to determine damages, making class action certification inappropriate.

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