USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

11-396C • THE YISRA'EL NATION V. THE UNITED STATES

Filed 07/01/2011
Pro Se Complaint for Damages Against the Commonwealth of Kentucky, County of Shelby; Dismissal for Want of Jurisdiction Signed by Judge Hewitt.

10-92 • M.E.S., INC. V. THE UNITED STATES

Filed 06/30/2011
Ancillary Jurisdiction; Equitable Relief, 28 U.S.C. § 1491(a)(2); Intervention of Right, RCFC 24(a)(2); Miller Act, 40 U.S.C. § 3131; Preliminary Injunction and Temporary Restraining Order, RCFC 65. Signed by Judge Braden.

10-60C • LISA ADAMS, ET AL. V. THE UNITED STATES

Filed 06/30/2011
Civilian Pay; Caregivers and Veterans Omnibus Health Services Act of 2010, Pub. L. No. 111-163, 124 Stat. 1130; Cross-Motions For Summary Judgment, RCFC 56; Frivolous Arguments, RCFC 11(b)(2); Pay with Leave, 5 U.S.C. §§ 6303 (annual accrued leave), 6307 (sick leave), 6322 (court leave), 6323 (military leave); Premium Weekend Pay, 38 U.S.C. §§ 7453 (nurses), 7454(b)(2) (hybrids), 7454(b)(3) (civil service employees); Veterans Health Administration Employees, 38 U.S.C. §§ 7401(1) (nurses), 7401(3) (hybrids), 7408(a) (civil service employees); Title 5 Employees, 5 U.S.C. §§ 5595 (severance pay), 8101-8193 (work injury pay), 8301-8351 (retirement pay), 8401-8480 (retirement pay), 8701-8716 (life insurance). Signed by Judge Braden.

10-311C • LARRY D. TALLACUS V. THE UNITED STATES

Filed 06/30/2011
Contracts; pendency of claims in other courts; 28 U.S.C. § 1500; compliance with settlement agreement; 29 C.F.R. § 1614.504 Signed by Judge Margolis.

11-270C • SAMMIE THOMPSON AND JENETTA THOMPSON V. UNITED STATES

Filed 06/29/2011
Pro Se Plaintiffs; In Forma Pauperis Application; 28 U.S.C. § 1915 Signed by Judge Horn.

11-136C • ARTHUR L. HAIRSTON V. THE UNITED STATES

Filed 06/29/2011
Claims of Incarcerated Plaintiff for Inadequate Prison Medical Treatment; Tort Claims Against United States and Named Officials; Bivens Action; Lack of Subject Matter Jurisdiction; Transfer Not in the Interest of Justice. Signed by Judge Wheeler.

11-163C • CASTLE-ROSE, INC. V. UNITED STATES

Filed 06/28/2011
Standing in bid protests; timeliness under F.A.R. § 15.208; exceptions to late-is-late rule; notice of lateness under F.A.R. 15.208(f); nonprejudicial errors; jurisdiction to consider in bid protests claims based upon the implied contractual covenant of good faith and fair dealing Signed by Judge Lettow.

08-23T • NORTHROP CORPORATION EMPLOYEE INSURANCE BENEFIT PLANS MASTER TRUST V. THE UNITED STATES

Filed 06/28/2011
Tax; Refund Claim; 26 U.S.C. §§ 419A, 512(a)(3) (2006); 26 C.F.R. § 1.512(a)-5T (2011); Unrelated Business Taxable Income; Limitation on Exempt Function Income. Signed by Judge Bush.

07-01V • STACY HEINZELMAN V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/24/2011
Vaccine Motion for Review; Prima Facie Case for Causation; Alternative Causation; Burden of Proof; Factors Unrelated; Compensation for Loss of Earnings; Health Benefits Program Signed by Judge Damich.

07-646C • HADDON HOUSING ASSOCIATES, LLC, ET AL. V. UNITED STATES

Filed 06/24/2011
Claim for damages arising from alleged breach of rent-assistance contract; assignment in which HUD joined; proper party plaintiff; effect on the contract of the 1994 Amendments to the Housing Act of 1937; 42 U.S.C. § 1437f; liability determination Signed by Judge Lettow.

07-443V • JOAN CAVES V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/24/2011
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Proof of Causation; Reliability of Expert Testimony. Signed by Judge Bush.

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