· 11/22/2004
Pgba, LLC v. United States, and Wisconsin Physicians Service Insurance Corporation
Citations
- 389 F.3d 1219
- 2004 U.S. App. LEXIS 24268
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an injunction is not automatic under the Tucker Act in the event of an unlawful contract award
- holding that “section 1491(b)(4) ... does not deprive a court of its equitable discretion in deciding whether injunctive relief is appropriate ... and does not automatically require a court to set aside an arbitrary, capricious, or otherwise unlawful contract award.”
- noting that the use of the permissive “ ‘may’ ” grants discretion in this regard
- clarifying that ADRA incorporates arbitrary and capricious standard of APA to review procurement decisions, but did not change court’s discretion in granting remedy of injunctive relief
- clarifying that ADRA incorporates arbitrary and capricious standard of APA to review procurement decisions, but did not change court’s discretion in granting remedy of injunctive relief
- explaining that a plaintiff “must [have] succeeded on the merits of the case” in order to be granted permanent injunctive relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Rader, Schall, Prost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.