USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-108T • CALVIN C. and EVANGELINE M. JACKSON V. UNITED STATES

Filed 08/22/2011
Federal Tax; Pro Se Plaintiffs; Motion to Dismiss; Lack of Subject Matter Jurisdiction Signed by Judge Horn.

11-161T • IRENE A. PLATI V. THE UNITED STATES

Filed 08/19/2011
Claim for Tax Refund; RCFC 12(b)(1); Look-Back Period for Recovery of Overpayments, I.R.C. § 6511(b)(2)(A); Financial Disability, I.R.C. § 6511(h); No Suspension of Look-Back Period When Person Authorized to Act on Behalf of Taxpayer, I.R.C. § 6511(h)(2)(B) Signed by Judge Firestone.

05-1054C • K-CON BUILDING SYSTEMS, INC. V. THE UNITED STATES

Filed 08/19/2011
Motion for Summary Judgment; Contract to Design and Build Prefabricated Building; Enforceability of Liquidated Damages Clause; Challenge to Components of the Liquidated Damages Rate; Personnel Costs; Constructive Suspension of Work; Excusable Delay; Critical Path; Notice of Changes; Existence of Changes Signed by Judge Sweeney.

10-401C • DANIEL R. STRIPLIN V. THE UNITED STATES

Filed 08/18/2011
Failure to State a Claim, RCFC 12(b)(6); Fair Labor Standards Act, 29 U.S.C. §§ 201-19; National Defense Authorization Act For Fiscal Year 2007, Pub. L. 109-364, § 1105, 120 Stat. 2083, 2409 (2006); National Defense Authorization Act For Fiscal Year 2006, Pub. L. 109-163, § 1105, 119 Stat. 3136, 3450-51 (2006) RESTATEMENT (THIRD) OF AGENCY § 1.01 (Definition of Agent); Subject Matter Jurisdiction, RCFC 12(b)(1); Tucker Act, ch. 359, 24 Stat. 505 (1887), 28 U.S.C. §§ 1491, 1494; Government Employee Pay, 5 U.S.C. §§ 5341-56, 5755, 5925, 5929, 8118. Signed by Judge Braden.

03-2684L & 01-568L • SHELDON PETERS WOLFCHILD, et al., V. UNITED STATES

Filed 08/18/2011
Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851, June 19, 1858, the Acts of February 16, 1863, and March 3, 1863, and the Appropriation Acts for the Department of Interior in 1888, 1889, and 1890; amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); summary judgment; eligible descendants of loyal Mdewakanton; applicability of the Indian Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. §§ 1401-1407; judgment on certain claims; Rule 54(b) Signed by Judge Lettow.

06-472C • TDM AMERICA, LLC V. THE UNITED STATES

Filed 08/16/2011
RCFC 60(b); Motion for Relief From Judgment; Patent and Trademark Office’s Ex Parte Reexamination of Patents; Meaning of “Newly Discovered Evidence;” Whether PTO’s Determination Would Alter the Outcome of the Case. Signed by Judge Wheeler.

10-724C • PAUL L. WILLIAMS V. THE UNITED STATES

Filed 08/16/2011
Military Pay Act; Challenge to Disability Rating; Concurrence with Informal Physical Evaluation Board’s Findings and Recommendations; Voluntariness of Waiver of Right to Challenge Disability Rating; Voluntariness of Retirement Signed by Judge Firestone.

11-158C • CARL MARTIN V. THE UNITED STATES

Filed 08/15/2011
Pro Se Litigant; Motion to Dismiss; RCFC 12(b)(1); Subject Matter Jurisdiction; Purported Patent Infringement; 28 U.S.C. § 1498(a); Leesona Corp.; Stroughter; Richmond Screw Anchor Co.; Provisional Application for Patent; Jurisdiction Lacking Where No Patent Has Issued; Allegations of Criminal Acts by the United States; Transfer to District Court Unavailable Signed by Judge Sweeney.

10-716C • NILSON VAN & STORAGE, INC. V. UNITED STATES

Filed 08/12/2011
Post-award bid protest; small-business set aside; responsibility determination; FAR § 9.100; responsiveness of bid to the solicitation; FAR §§ 14.301, 14.405 Signed by Judge Lettow.

11-97C • LAWRENCE TERRY V. THE UNITED STATES

Filed 08/12/2011
Federal Tort Claims Act, 28 U.S.C. §§ 2671-80; Motion To Dismiss, RCFC 12(b)(1), (6); Pro Se; RESTATEMENT (SECOND) OF CONTRACTS § 353 (1981); Postal Service Regulations, 39 C.F.R. §§ 111.1,211.2(a)(2); Tucker Act, 28 U.S.c. § 1491; United States Postal Service, Domestic Mail Manual §§ 508.4.2.1, 609.4.3(g). Signed by Judge Braden.

11-114C • GLEN T. BURCH V. THE UNITED STATES OF AMERICA

Filed 08/10/2011
Motion to Dismiss; RCFC 12(b)(1); 5 U.S.C. § 2301; 5 U.S.C. § 2302; 5 U.S.C. § 1103; Merit System System; Civil Service Reform Act Signed by Judge Hodges.

11-90C • NATHAN T. MEIDL V. THE UNITED STATES

Filed 08/10/2011
Army Regulation 635-40; Retirement or Separation for Physical Disability, 10 U.S.C. § 1201; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Waiver. Signed by Judge Braden.

11-180C • JACOBS TECHNOLOGY INC. V. THE UNITED STATES

Filed 08/09/2011
Bid Protest; Motion for Judgment on the Administrative Record; Agency's Reprocurement Decisions; Reliance on Contracting Officer's Statements; Organizational Conflict of Interest ("OCI"); Procurement Integrity Act Violation; Appearance of Impropriety; Technical/Management Evaluation; Past Performance Evaluation; Injunctive Relief Signed by Judge Damich.

99-4451L • JOHN H. BANKS, ET AL. V. THE UNITED STATES

Filed 08/09/2011
Takings Claim for Damages for Erosion Along Eastern Shoreline of Lake Michigan South of St. Joseph Harbor; Whether Trial Evidence Requires Dismissal of Claims for Lack of Jurisdiction; Post-Trial Briefing on Jurisdiction Ordered. Signed by Judge Hewitt.

11-490C • THE GEO GROUP, INC. V. THE UNITED STATES

Filed 08/09/2011
Post-award bid protest; Application for temporary restraining order; Likelihood of success; Procurement Integrity Act inapplicable to situation presented; Organizational Conflict of Interest (OCI) – unequal access to information; No OCI where information obtained by former employee from his former employer; Irreparable injury; Balancing of harms; Public interest; Application denied. Signed by Judge Allegra.

11-400C and 11-416C • JOINT VENTURE OF COMINT SYSTEMS CORPORATION, ET AL. V. THE UNITED STATES

Filed 08/08/2011
RCFC 15(a)(2); Motion for Leave to File Second Amended Complaint; Foman; Zenith Radio Corp.; Fala; Centech Group, Inc.; Amendment Freely Given When Justice Requires Signed by Judge Sweeney.

09-627T • DONALD W. BOENSEL, AS EXECUTOR OF THE ESTATE OF JOHN L. BOENSEL V. THE UNITED STATES

Filed 08/05/2011
Estate Tax; Deposit or Payment of Tax; Facts and Circumstances Surrounding Remittance; Period for Recovering Overpayment, 26 U.S.C. § 6511(b)(2)(A) Signed by Judge Firestone.

08-848C • LUMMI TRIBE OF THE LUMMI RESERVATION, ET AL., V. THE UNITED STATES

Filed 08/04/2011
Claims for recovery of grant funds under the Native American Housing Assistance and Self-Determination Act, 25 U.S.C. §§ 4101–4212: (1) effect of pendency of claims in another court under 28 U.S.C. § 1500; (2) jurisdiction of the Court of Federal Claims under a money-mandating source of law; (3) authority to declare a regulation invalid; (4) application of 25 U.S.C. § 4161; (5) application of the Anti-Deficiency Act, 31 U.S.C. § 1341; (6) operation of the statute of limitations under 28 U.S.C. § 2501. Signed by Judge Wiese.

09-275V • PAUL GRIGLOCK, executor of the estate of SOPHIE GRIGLOCK, deceased V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 08/03/2011
Vaccine Case; Damages; Vaccine-related Injury, Vaccine-related Death; Statute of Limitations; Statutory Interpretation; Plain Meaning; 42 U.S.C. § 300aa-15(a); 42 U.S.C. § 300aa-16(a); Zatuchni; Influenza Vaccine; Guillain-Barré Syndrome Signed by Judge Hodges.

07-154C • NORMAN H. COHEN, Ed.D. V. THE UNITED STATES

Filed 08/03/2011
Motion to Strike; Motion for Partial Summary Judgment; Copyright Infringement; Actual Damages; Statutory Damages Signed by Judge Hewitt.

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