USCFC General Jurisdiction-Reported

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11-298C • CW GOVERNMENT TRAVEL, INC. V. THE UNITED STATES

Filed 09/16/2011
Pre-Award Protest; Standing; Ambiguous Solicitation Terms; Changes Clause, Commercial Items, FAR 52.212-4(c); Customary Commercial Practice, FAR 12.301(a)(2); Market Research; Waiver of Five-Year Limit, FAR 17.204(e); Waiver of Customary Commercial Practice, FAR 12.302(c); Excusable Delays, FAR 52.212-4(f); Contract Disputes Act, 41 U.S.C. § 605 (re-codified as § 7103); FAR Part 33; Competition in Contracting Act, 41 U.S.C. § 253a (re-codified as § 3306); Declaratory Relief Signed by Judge Miller, G..

11-298C • CW GOVERNMENT TRAVEL, INC. d/b/a CWTSATOTRAVEL vs. THE UNITED STATES

Filed 09/16/2011
Pre-Award Protest; Standing; Ambiguous Solicitation Terms; Changes Clause, Commercial Items, FAR 52.212-4(c); Customary Commercial Practice, FAR 12.301(a)(2); Market Research; Waiver of Five-Year Limit, FAR 17.204(e); Waiver of Customary Commercial Practice, FAR 12.302(c); Excusable Delays, FAR 52.212-4(f); Contract Disputes Act, 41 U.S.C. § 605 (re-codified as § 7103); FAR Part 33; Competition in Contracting Act, 41 U.S.C. § 253a (re-codified as § 3306); Declaratory Relief Signed by Judge Miller, G..

08-50T • TIMOTHY L. JENKINS vs. THE UNITED STATES

Filed 09/15/2011
Tax refund suit; Trial; Responsible officer penalty – 26 U.S.C. § 6672(a); Responsible person; Founder, major stockholder, primary financier, chief executive officer, publisher, and member of the board of directors was responsible person; Willfulness; Obligation to prevent corporate default on payment of withholding tax obligations; Reckless disregard of knowledge that payment was at risk; Unencumbered funds available for payment; Willfulness established; Penalty upheld; Refund denied. Signed by Judge Allegra.

8-920L • GENEVA ROCK PRODUCTS, INC., on its behalf and on behalf of a class of others similarly situated vs. UNITED STATES

Filed 09/15/2011
Motion to certify a class-action in a “rails-to-trails” case; RCFC 23; certification of class sought in complaint; statute of limitations; 28 U.S.C. § 2501; class-action tolling; application of Bright; differences between Fed. R. Civ. P. 23 and RCFC 23; Wal-Mart; requirements for class certification under RCFC 23 Signed by Judge Lettow.

11-420C • MED TRENDS, INC. V. THE UNITED STATES

Filed 09/13/2011
Bid Protest; Task Order Contract; Federal Acquisition Streamlining Act; Jurisdiction; Sunset of 41 U.S.C. § 4106(f); Government Cost Estimate; Best Value Analysis Signed by Judge Bruggink.

10-859C • MICHAEL STUART vs. THE UNITED STATES

Filed 09/08/2011
Tucker Act 28 U.S.C. § 1491(a); Military Pay Act 10 U.S.C. §§ 204, 206; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 8(a)(2); Jurisdiction; Discharge from Active Duty; Failure to State a Claim Upon Which Relief Can Be Granted. Signed by Judge Williams.

10-859C • MICHAEL STUART V. THE UNITED STATES

Filed 09/08/2011
Tucker Act 28 U.S.C. § 1491(a); Military Pay Act 10 U.S.C. §§ 204, 206; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 8(a)(2); Jurisdiction; Discharge from Active Duty; Failure to State a Claim Upon Which Relief Can Be Granted. Signed by Judge Williams.

09-509C • Insurance Company of the West V. United States of America

Filed 09/08/2011
Surety; Contract Disputes Act; Anti-Assignment Acts; Equitable Subrogation; Waiver; Silence as Assent Signed by Judge Block.

07-446V • JENNIFER HIBBARD V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 09/08/2011
Review of Special Master’s Vaccine Act Decision; Alleged Neurological Condition Caused by Flu Vaccination; Petitioner’s Failure to Establish Evidence of Autonomic Neuropathy; Court’s Deference to Special Master’s Reasonable Review of Evidence Signed by Judge Wheeler.

10-577T • SUSAN F. BEARD V. UNITED STATES

Filed 09/07/2011
Employment tax refund case; I.R.C. § 6672; motion for stay or suspension of proceedings pending interlocutory appeal of injunction issued against the government’s later-filed action in district court regarding the same employment taxes; I.R.C. § 6331(i); absence of likelihood of success on appeal Signed by Judge Lettow.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 09/07/2011
RCFC 12(b)(1) after Trial; 28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct. 1723 (2011); Substantial Overlap in Operative Facts; Supplemental Complaint May Not Establish Jurisdiction Where Barred Signed by Judge Firestone.

93-531C • AMBASE CORPORATION, ET AL. V. THE UNITED STATES

Filed 08/31/2011
Winstar Corp. v. United States, 518 U.S. 839 (1996), FIRREA, Damages Opinion, Expectancy Damages Signed by Judge Smith.

09-315L • WHISPELL FOREIGN CARS, INC., ET AL. V. THE UNITED STATES

Filed 08/29/2011
Fifth Amendment Rails-to-Trails Takings Claim; Interest Acquired by Railroad by Adverse Possession; Ordinance Conveyed an Easement to Railroad Signed by Judge Hewitt.

04-09C • PORTLAND GENERAL ELECTRIC COMPANY, ET AL. V. THE UNITED STATES

Filed 08/26/2011
Government Contracts; Spent Nuclear Fuel; Nuclear Waste; Nuclear Repository; Unavoidable Delays; Avoidable Delays; Motion to Dismiss Signed by Judge Bruggink.

10-11C • KATHERINE BROOKS V. THE UNITED STATES

Filed 08/26/2011
Equal Pay Act; Prima Facie Case; Affirmative Defense; Merit-Based System Signed by Judge Bruggink.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE V. THE UNITED STATES

Filed 08/26/2011
Tribal trust case; Motions for partial summary judgment; Indian Tucker Act – 28 U.S.C. § 1505; Navajo Nation – when statutes give rise to claims under the Indian Tucker Act; Statutes governing accounting and management of tribal trust funds – 25 U.S.C. §§ 161, 161a, 162a; Cheyenne-Arapaho – statutes give rise to fiduciary obligation to maximize trust income by prudent investment; Cheyenne-Arapaho still binding precedent; Court has jurisdiction over pooling claim; Court lacks jurisdiction over disbursement lag claim. Signed by Judge Allegra.

08-117L • LOST TREE VILLAGE CORPORATION V. UNITED STATES

Filed 08/26/2011
Post-trial decision on a takings claim arising from a denial by the Corps of Engineers of a wetlands fill permit sought under Section 404 of the Clean Water Act; relevant parcel; “parcel as a whole” doctrine; pertinence of the completion of a development plan; other property owned by the claimant; Penn Central analysis. Signed by Judge Lettow.

11-280C • SYSTEMS APPLICATION & TECHNOLOGIES, INC. V. THE UNITED STATES

Filed 08/25/2011
Bid Protest; 28 U.S.C. § 1491(b)(1); Proposed Corrective Action; Jurisdiction; Standing; Ripeness; Review of Informal GAO Electronic-Mail Message as Basis for Decision to Take Corrective Action; Review of Decision to Take Corrective Action Independent of GAO Electronic-Mail Message; Standard of Review; Declaratory and Injunctive Relief Signed by Judge Sweeney.

08-113C • ALCATEC, LLC V. THE UNITED STATES

Filed 08/24/2011
Contracts; counterclaim for forfeiture under the Special Plea in Fraud (the Forfeiture of Fraudulent Claims Act), 28 U.S.C. § 2514 (2006); counterclaim under the False Claims Act, 31 U.S.C. § 3729(a)(1) (2006). Signed by Judge Miller, C..

11-361C • THE TAURI GROUP, LLC V. THE UNITED STATES

Filed 08/23/2011
Post-award bid protest; Defense Threat Reduction Agency; motion for discovery to supplement the administrative record; information relied upon but omitted from the record; individual evaluator worksheets; concrete steps in the evaluation process; analyses or opinions of officials outside an evaluation team; needed for effective judicial review; record actually before agency; not rough drafts. Signed by Judge Wolski.

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