USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-205C • THOMAS F. SPELLISSY V. THE UNITED STATES

Filed 02/02/2012
Military pay case; 10 U.S.C. § 1370 and Army Regulation 15-80 paragraph 4-1.a (July 12, 2002); retirement grade determinations for officers; money-mandating provisions; 10 U.S.C. § 1552 and Army Regulation 15-185 (Mar. 31, 2006); review of action by military correction board; Army properly reopened retirement grade determination based on plaintiff’s post-retirement conviction for conspiracy where offense occurred before retirement; Army Regulation 15-80 paragraph 4-1.c; Army properly found plaintiff’s service in the rank of Colonel (O-6) was not satisfactory in light of finding that plaintiff engaged in criminal conduct while on active duty; Army Regulation 15-80 paragraphs 2-4 and 2-5; law of the case, issue preclusion, claim preclusion, judicial estoppel. Signed by Judge Miller, G..

11-570C • CRASSOCIATES, INC V. THE UNITED STATES

Filed 02/01/2012
Bid protest action; Motion for stay pending appeal; Standard for granting stay motion; Plaintiff has not demonstrated a substantial likelihood of prevailing on appeal; Equities do not weigh in favor of granting stay; Desire to preserve competitive benefits of incumbency not enough to warrant stay; Motion denied. Signed by Judge Allegra.

05-965C • CEBE FARMS, IND., AND JOSEPH CEBE V. THE UNITED STATES

Filed 01/31/2012
Motion for Judgment on the Pleadings; RCFC 12(c); Factual Allegations Raise a Right to Relief Above the Speculative Level; Twombly; Plaintiffs Allege the Existence of Elements of Contract Formation; Harbert/Lummus Agrifuels Projects; Trauma Service Group; Lion Raisins, Inc.; Dispute of Material Facts Signed by Judge Sweeney.

06-860T • MERLIN P. NORTHCUTT AND ELIZABETH F. NORTHCUTT V. THE UNITED STATES

Filed 01/31/2012
AMCOR; Federal Income Tax Partnerships; Final Partnership Administrative Adjustment; Sham Transactions; Tax Motivated Interest, 26 U.S.C. § 6621(c); Reconsideration, RCFC 54(b). Signed by Judge Braden.

11-160C • LAWRENCE MENDEZ, JR. V. THE UNITED STATES

Filed 01/31/2012
Military pay; jurisdiction; Military Pay Act, 37 U.S.C. § 204 (2006); motion for judgment on the administrative record; review of military correction board action; Marine Corps Order P1610.7F, Performance Evaluation System (Nov. 19, 2010); harmless error; presumption of regularity; RCFC 52.1 remand. Signed by Judge Miller, C..

11-687C • VIRGIN ISLANDS PAVING, INC. V. THE UNITED STATES

Filed 01/31/2012
Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); Supplementation of the Administrative Record. Signed by Judge Braden.

01-441C • RED RIVER COAL COMPANY, INC. V. THE UNITED STATES

Filed 01/31/2012
Motion to continue stay; indefinite stay; no pressing need; motion denied. Signed by Judge Miller, G..

07-648T • MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY V. UNITED STATES

Filed 01/30/2012
Federal Tax; Federal Tax Deductions; 26 U.S.C. § 461(h), “All Events Test;” Treasury Regulation § 1.461.4; Policyholder Dividends. Signed by Judge Horn.

11-538C • MG ALTUS APACHE COMPANY V. THE UNITED STATES

Filed 01/30/2012
28 U.S.C. § 1491(b); Bid Protest; Supplementation of the Administrative Record; Incomplete Record. Signed by Judge Williams.

11-408C • SIMULATION TECHNOLOGY, LLC V. THE UNITED STATES

Filed 01/25/2012
Contract Disputes Act; 41 U.S.C. §§ 7101-7109; motion to dismiss; RCFC 12(b)(1); subject matter jurisdiction; excusable delays; same operative fact; Cerberonics Signed by Judge Damich.

10-673C • TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA V. THE UNITED STATES OF AMERICA

Filed 01/25/2012
Waiver of sovereign immunity; standing; privity of contract; assignment; Anti-Assignment Act; equitable subrogation; general liability insurer; breach of implied contract; mutual obligations between insurer and government. Signed by Judge Baskir.

11-285C • FRANCIS RICHARD SCHRADER V. THE UNITED STATES

Filed 01/24/2012
Pro Se Complaint; Dismissal Pursuant to RCFC 12(b)(1) and 12(b)(6) Signed by Judge Hewitt.

11-256C • AUTO CLUB INSURANCE ASSOCIATION V. THE UNITED STATES

Filed 01/24/2012
Motion to Dismiss, No-Fault Automobile Insurance, Medicare Secondary Payer Act, Money-Mandating Statute or Regulation, Contract Implied in Fact, Illegal Exaction Signed by Judge Damich.

11-54C • CENTURY EXPLORATION NEW ORLEANS, INC. V. THE UNITED STATES

Filed 01/24/2012
Fifth Amendment Takings Claim; Breach of Contract Claim; Property Rights Created by Contract; Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Bush.

04-1141C • STRUCTURAL CONCEPTS, INC. V. THE UNITED STATES

Filed 01/24/2012
Liquidated Damages; Cross-Motions for Partial Summary Judgment; Contractor’s Delay Claims and the Government’s Liquidated Damages Counterclaim Cannot Be Separately Considered. Signed by Judge Bush.

11-321C & 11-351C • CHARLES WEST V. THE UNITED STATES

Filed 01/23/2012
RCFC 12(b)(1); Lack of Jurisdiction over Due Process, Double Jeopardy, and Veterans’ Benefits Claims; RCFC 52.1; Judgment on the Administrative Record; Soldier’s Discharge for the Convenience of the Government following Criminal Conviction and Sentencing was Lawful under Army Regulation 635-200 ¶ 5-3. Signed by Judge Firestone.

10-152L • NATIONAL FOOD & BEVERAGE CO., INC. V. UNITED STATES

Filed 01/23/2012
Takings claim arising from government’s removal of clay from plaintiff’s property to repair levees damaged by Hurricanes Katrina and Rita; plaintiff’s property interest in the clay; partial summary judgment on liability Signed by Judge Lettow.

11-224L • DONALD L. PELLEGRINI et al. V. THE UNITED STATES

Filed 01/20/2012
Fifth Amendment Takings Clause; Army Corps of Engineers; dredging; collapse of uplands, seawalls and structures; subject-matter jurisdiction; 28 U.S.C. § 1500; claims pending in another court until dismissed; same operative facts; no jurisdiction to enjoin dredging or to prevent future takings. Signed by Judge Wolski.

11-101C • AGILITY DEFENSE & GOVERNMENT SERVICES, INC., f/k/a/ TAOS INDUSTRIES, INC. V. THE UNITED STATES

Filed 01/20/2012
Subject Matter Jurisdiction; Requirement for Certification of a CDA Claim; Differences Between Claim and Request for Equitable Adjustment; Conversion of REA to Claim; Dismissal Without Prejudice. Signed by Judge Wheeler.

11-134T • ROBERT M. HEGER V. UNITED STATES

Filed 01/20/2012
Claim for refund of taxes paid; substantial variance doctrine; I.R.C. § 7422(a); 26 C.F.R. § 301.6402-2(b)(1); application of standards for summary judgment; burden of proof; 26 U.S.C. § 7491; loss or destruction of IRS administrative files Signed by Judge Lettow.

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