44 results for 'judge:"Stinson "'.
J. Stinson grants the Army Corp of Engineers' motion for summary judgment. The landowner says the government damaged property it had leased to the Army Corp for access to monitoring wells, then denied its damages claim for $18,810. After the contractor received payment on a settlement agreement, it did not seek dismissal of its original appeal according to the agreement. The government���s motion is a proper exercise of its agreed-upon right to dismiss.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: May 7, 2024, Case #: 62964, Categories: Government, Property, Damages
J. Stinson denies the contractor's motion for reconsideration of the board's grant of summary judgment to the government. The contracting officer submitted a final decision denying the contractor's challenge of the government's entitlement to a $493,639 credit for a deductive change in the contract. The record shows that the contractor recognized an ambiguity in the solicitation pre-award regarding whether certain work was required. The contractor failed to fulfill its duty to seek pre-award clarification from the government.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: May 6, 2024, Case #: 63148, Categories: Government, Contract
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J. Stinson grants the government's motion for summary judgment. Contracted for the design and construction of various Afghan Army/Air Force enhancements for the airport at Mazar-e-Sharif, Afghanistan, the Taliban's takeover required the contractor to evacuate the project site. The contractor alleges that the government failed ���to make a timely decision... which would have enabled [it] to demobilize...��� Though the contractor says the Taliban���s actions at the airfield should have been anticipated, it has not alleged that the damages it sustained were foreseeable based upon the government���s alleged breach.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: April 22, 2024, Case #: 63414, Categories: International Law, Military, Contract
J. Magnus-Stinson rules in part for law enforcement, business defendants, and prosecutors in civil rights claims. The business defendant, a private corporation, cannot be sued for conspiring to violate plaintiff's civil rights related to a drug arrest, and prosecutors have immunity against claims contending they should have refrained from taking plaintiff to trial. However, malicious prosecution claims specifically based on the fourth amendment may proceed because plaintiff was acquitted of the criminal charges.
Court: USDC Southern District of Indiana, Judge: Magnus-Stinson, Filed On: February 21, 2024, Case #: 1:23cv2303, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
[Consolidated.] J. Stinson grants the contractor's motion for summary judgment. The Army Corp of Engineer's contracting officer denied the contractor's claims regarding defective specification and differing site conditions as to its contract to perform repairs to the Tuttle Creek Stilling Basin. The government argues the contractor failed to raise the issue of additional costs incurred for sidewalk placement prior to contract award, waiving its right to challenge liquidated damages. The contractor was not aware of the additional costs pre-award.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: February 6, 2024, Case #: 62657, Categories: Government, Contract
[Consolidated.] J. Stinson denies the government's motion for reconsideration of a previous decision granting partial summary judgment to the contractor. The contractor's alleged failure to submit auditable final indirect cost rate proposals on its time and material contracts did not give the government a basis to assess a decrement on the contractor's costs for direct labor, which were determined by contractually mandated hourly labor rates. Although it may have a right of recoupment based upon other provisions, the cited regulation does not provide the government that authority in the context of these appeals.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: January 31, 2024, Case #: 62413, Categories: Government, Contract, Labor
J. Stinson grants summary judgment to the Air Force in this dispute over the denial of the contractor���s request that it rescind its unilateral modification assessing a credit of $493,639 in costs for a deductive change to the contract for heating, ventilation and air conditioning systems at Tinker Air Force Base. A subcontractor submitted a bid then determined that the work was not required and did not price it. Evidence shows that the subcontractor recognized an ambiguity in the contract regarding whether the work was required but did not seek clarification. The contractor���s motion for summary judgment admits knowledge of the ambiguity, pre-award.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson, Filed On: October 26, 2023, Case #: 63148, Categories: Government, Military, Contract
J. Magnus-Stinson rules in part for the town and town marshal in claims contending a police officer had been suspended, placed on administrative leave, denied workers' compensation and promotions, and called a "pussy" and a "coward" for taking medical leave for post-traumatic stress he suffered after shooting a suspect. The officer did not allege failure to accommodate or establish disability, and evidence did not indicate a town policy caused him to lose his role as investigator. However, the officer established he was not permitted to hold the position of investigator and had been subjected to shift changes after returning from leave.
Court: USDC Southern District of Indiana, Judge: Magnus-Stinson , Filed On: October 11, 2023, Case #: 1:22cv320, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation