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Federal Circuit Court Visit

 

Cases Argued

To hear the oral arguments, visit the following site: http://oralarguments.cafc.uscourts.gov/
 
You may search by the date 11/4/2008, or you may search by case number.  The following cases were heard at Santa Clara Law:
 
Hooker v. U.S. 2008-5059
Rancher v. DVA 2008-7058
Mathworks v. Comsol 2008-1283

 

 

 

Hooker v. U.S.

 

This case is appealed from the U.S. Court of Federal Claims. The appellant claims that the U.S. Government is liable for breach of contracts for trapping beavers and hogs at the Department of Energy's Savannah River Site in South Carolina. At trial, the appellant alleged that a contract modification extended the hog contract and that the Government breached the contract by hindering his performance of the contract. He also alleged that work on the beaver contract exposed him to radioactive contamination about which the Government failed to inform him, and that the trial court should reform the beaver contract to reflect what he would have bid had he known of the alleged contamination. Finally, the appellant argued that the Government acted in bad faith by reducing his work orders and attempting to induce him to abandon his contracts. The trial court held that the appellant abandoned the hog contract and did not attempt to perform additional work; that the appellant did not produce any evidence to show he had suffered damages as a result of the Government's alleged failure to inform him of the contamination and, therefore, there would be no remedy available even if his allegations were true; and that the Government did not act in bad faith in its administration of the beaver or hog contracts. This decision has now been appealed to the Federal Circuit Court of Appeals.

2008-5059 Appellant Brief

 

2008-5059 Appellee Brief

 

2008-5059 Supp Appendix

 

 

Rancher v. Peake

 

The Board of Veterans' Appeals denied the appellant's claim to establish an earlier effective date for her 100% rating for her service-connected schizophrenia. The Board also found that she withdrew her claim seeking a total disability rating based upon individual unemployability (TDIU). The case was appealed to the U.S. Court of Appeals for Veterans Appeals, which declined, based upon a lack of jurisdiction to consider the appellant's earlier effective date argument. The Court also affirmed the board's finding on the withdrawal of the TDIU claim. The decision has now been appealed to the Federal Circuit Court of Appeals on these two issues.

2008-7058 Appellant Brief

 

2008-7058 Joint Appendix

 

2008-7058 Reply Brief

 

2008-7058 Respondent Brief

 

2008-7058 Addendum

 

 

The MathWorks, Inc. v. COMSOL AB

2008-1283-01 appellant brief

 

2008-1283-01 appellee brief

 

2008-1283 Joint Appendix

 

2008-1283 Reply Brief

 

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