USCFC General Jurisdiction-Reported

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07-456V • W. C. V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/22/2011
Vaccine case; off-table claim involving sclerosis allegedly caused flu vaccine; alternative significant-off-table claim; entitlement statutory criteria for redaction of or medical files and information; invasion of privacy Signed by Judge Lettow.

11-400C • JOINT VENTURE OF COMINT SYSTEMS CORPORATION AND EYEIT.COM, INC. V. THE UNITED STATES

Filed 07/22/2011
Postaward Bid Protests; 28 U.S.C. § 1491(b); Motions to Compel Supplementation of the Agency Assembled Record in Order to Require Agency to Produce Complete Record; Motions to Dismiss Untimely Protest Grounds; Axiom Resource Management, Inc.; Difference Between Supplementing and Completing an Agency Record; “Core Documents” Relevant to Protest; RCFC Appendix C § 7, ¶¶ 22-23; Meaningful Judicial Review Premised Upon Complete Record of Agency’s Procurement; Linc Government Services, LLC; Agency Cannot Limit Record to Materials It Deems Relevant; Exxon Corp.; Internal Deliberative Documents Excluded Absent Allegations of Bad Faith Signed by Judge Sweeney.

02-1282C • NCLN20, INC. V. THE UNITED STATES

Filed 07/21/2011
Contracts; Affirmative Defense, RCFC 8(c); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-13, 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulation, 48 C.F.R. §§ 14.407-3(a) (mistake in bid), 14.407-3(g)(2) (verified bid), 14.408-1 (method of contract award), 49.402-3(j) (failure to perform may be excusable), 52.214-10 (contract award—sealed bidding), 52.249-8 (default termination and notice to cure), 52.449-8(c) (extraordinary condition where contractor is not liable for excess costs); Interest On Disputed Amount Due Contractor, 41 U.S.C. § 611; Michigan Private Security Guard Licenses, Mich. Comp. Law §§ 338.1053, 338.1065; Motion In Limine; Prompt Payment Act, 31 U.S.C. §§ 3901-07; Qualifying Small Business, 13 C.F.R. § 124.108; Request for Equitable Adjustment; Small Business Act of 1958, 15 U.S.C. § 637(a)(1)(C) (2006) (contract award to small business owned and controlled by socially and economically disadvantaged individuals); Restatement (Second) of Contracts § 251(2) (1981). Signed by Judge Braden.

03-2627C • ENTERGY NUCLEAR FITZPATRICK, LLC, ET AL. V. THE UNITED STATES

Filed 07/21/2011
Spent Nuclear Fuel; Proposed Offset of Cask Loading Costs; Avoided or Deferred Costs; Future Costs Speculative Signed by Judge Damich.

11-276C • UNITED CONCORDIA COMPANIES, INC. V. THE UNITED STATES

Filed 07/20/2011
Post-Award Bid Protest; Comparative Assessment of Proposals; FAR 15.305; FAR 15.308; Proposal Risk; Past Performance Signed by Judge Bruggink.

11-397C • MICHAEL PHILLIP TELEMAQUE V. THE UNITED STATES

Filed 07/20/2011
Motion for Reconsideration; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915(b)(1)-(2); Prisoners Must Pay Filing Fee in Full Signed by Judge Sweeney.

08-536L • LOVE TERMINAL PARTNERS, L.P., et al. V. THE UNITED STATES

Filed 07/18/2011
Motion for Clarification; Notice to an Interested Party; RCFC 14(b)(1); Res Judicata; Indemnification; Motion for Reconsideration; RCFC 59; Caldwell; Four Rivers Investments, Inc. Signed by Judge Sweeney.

99-589V • JENNIFER LOCANE V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/15/2011
National Childhood Vaccine Injury 42 U.S.C. §§ 300aa-1 - 300aa-34 petition for review; proof of in fact or significant 42 U.S.C. § 300aa-c)(1)(C)(ii)(I); findings of fact by master, 42 U.S.C. § 300aa-d)(3)(A)(I); hepatitis B vaccination; onset of Crohn’s disease; whether of proof of onset of illness administration of vaccine is to omit causation analysis Althen v. Sec’y of Health & Servs., 418 F.3d 1274 (Fed. 2005); Vaccine R. 8(b)(1). Signed by Judge Miller, C..

07-591C • BRIAN LEWIS V. UNITED STATES OF AMERICA

Filed 07/15/2011
Pro se Plaintiff; Motion for Reconsideration; RCFC 59(a); Motion to Alter or Amend a Judgment; RCFC 59(e); Review of Decision of Board for Correction of Naval Records; Chambers v. United States, 417 F.3d 1218, 1227 (Fed. Cir. 2005) Signed by Judge Hodges.

10-775C • JAMES FRANK WHITING SR. V. THE UNITED STATES

Filed 07/13/2011
Pro se; Lack of Subject Matter Jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(1); Indian Tucker Act, 28 U.S.C. § 1505; Statute of Limitations, 28 U.S.C. § 2501; Dismissal for Failure to Prosecute, Rule 41(b) Signed by Judge Damich.

11-299C • CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. V. THE UNITED STATES

Filed 07/13/2011
Bid Protest; Required Competition for Contracts of Unusual and Compelling Urgency; 10 U.S.C. § 2304(e); FAR 6.302-2(c)(2); Mootness Doctrine Exception for Circumstances That Are Capable of Repetition, Yet Evading Review; Delay in Public Notification of Sole Source Award; FAR 6.305(b); FAR 1.102-2(b). Signed by Judge Wheeler.

11-230C • DAVID PAUL BRAHO V. NOT IDENTIFIED

Filed 07/11/2011
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Tort Claims; Claims of Criminal Conduct Signed by Judge Horn.

07-170V • SCOTT HAMMITT, et al. v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/08/2011
Vaccine Act; Severe Myoclonic Epilepsy of Infancy; Off-Table Injury; Burden of Proof; Factor Unrelated; Evidence of Brain Damage. Signed by Judge Wheeler.

08-758C • ROGER A. HOUSE V. THE UNITED STATES

Filed 07/08/2011
Military pay case; Motion to dismiss or, in the alternative, for judgment on the administrative record; Wrongful conviction; Military Pay Act – money-mandating statute; Voluntary vs. involuntary separation; Presumption of voluntariness – rebuttable where coercion; Role of wrongful conduct; Roskos; Christie – three-part coercion test; Even where wrongful conduct, claimant must show he had no choice but to resign or retire; Resignation voluntary; Back pay based upon promotion; No automatic promotion under 10 U.S.C. § 624(d); Lewis and Dysart applied; Relief denied. Signed by Judge Allegra.

09-454C • JOYCE TERRY, D/B/A SHIRT SHACK V. THE UNITED STATES

Filed 07/08/2011
Subject Matter Jurisdiction; 28 U.S.C. § 1491(a); Implied-in-Fact Contract for Fair and Honest Consideration of Proposal; Non-Appropriated Fund Instrumentality; Concession Contract Not Covered Under Contract Disputes Act of 1978 (“CDA”); 41 U.S.C. § 602(a); Exhaustion of CDA’s Administrative Remedies Not Applicable Signed by Judge Sweeney.

10-193C • SHARON RAULERSON, ET AL. V. THE UNITED STATES OF AMERICA

Filed 07/07/2011
Takings; the Trails Act; appropriate measure of just compensation Signed by Judge Margolis.

10-404T • THOMAS I. AMSINGER, PRO SE V. THE UNITED STATES

Filed 07/07/2011
Tax; 26 U.S.C. § 7623 (2006); Reward Claim; Allegation of an Implied Contract; Failure to State a Claim Signed by Judge Bush.

09-351C • KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES

Filed 07/06/2011
Contracts; motion to dismiss pursuant to RCFC 12(b)(6) for failure to state a claim; Government affirmative defense and counterclaims in fraud; affirmative defense that claim unrecoverable because of “taint” of kickbacks; counterclaim for forfeiture under the Special Plea in Fraud (the Forfeiture of Fraudulent Claims Act), 28 U.S.C. § 2514 (2006); counterclaim under the Anti-Kickback Act, 41 U.S.C. §§ 53, 55 (2006); counterclaim under the False Claims Act, 31 U.S.C. § 3729(a)(1) (2006); counterclaim for common-law fraud (rescission and disgorgement); motion to dismiss pursuant to RCFC 9(b) for failure to properly plead fraud. Signed by Judge Miller, C..

11-4C • PATRICIA HOAG V. UNITED STATES

Filed 07/06/2011
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Breach of Contract; Equitable Relief; Declaratory Judgment Act, 28 U.S.C. § 2201 Signed by Judge Horn.

10-680 • INDIAN HARBOR INSURANCE CO. V. THE UNITED STATES

Filed 07/05/2011
Statutory interpretation; Section 330 of the National Defense Authorization Act of 1993; Base Realignment and Closure; environmental contamination; indemnification Signed by Judge Bruggink.

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