USCFC General Jurisdiction-Reported

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10-750V • STEPHANIE VINO FIGUEROA, as personal representative of the estate of MANNY FIGUEROA, deceased V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/20/2011
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Standing to Bring Petition; Estate of Person Who Died of Causes Unrelated to Vaccine Injury Lacks Standing to Bring Suit. Signed by Judge Bush.

11-527C • LONNIE WICKLIFFE V. THE UNITED STATES

Filed 12/20/2011
Subject Matter Jurisdiction; Motion to Dismiss; Pro Se Complaint; Frivolous Allegations; No Contract With the United States; Failure to Allege a Violation of any Money-Mandating Provision; Emancipation Proclamation; Case or Controversy Requirement; Purported Treaty; Negligence Claims; Punitive Damages; Transfer Not Appropriate Signed by Judge Sweeney.

09-152L • CAROLINA PLATING WORKS, INC. V. THE UNITED STATES

Filed 12/19/2011
Class action; Rails-to-Trails Act – takings; Cross-motions for partial summary judgment; Standard for determining just compensation; “Before” value of property; Timing of takings; Abandonment – controlled by state law (South Carolina); Existence of genuine issues of material fact preclude judgment, as a matter o f law, on whether abandonment of rail line occurred before alleged takings. Signed by Judge Allegra.

10-676T • JUSTIN SCHLABACH V. UNITED STATES

Filed 12/19/2011
Claim for refund of penalties imposed for frivolous tax returns and tax submissions; 26 U.S.C. § 6702; identified frivolous positions under 26 U.S.C. § 6702(c); IRS’ destruction of tax return and submissions; government’s burden of proof; 26 U.S.C. § 6703; withdrawal of frivolous tax position; 26 U.S.C. § 6702(b)(3) Signed by Judge Lettow.

11-400C & 11-416C • JOINT VENTURE OF COMINT SYSTEMS CORPORATION AND EYEIT.COM, INC., et al. V. THE UNITED STATES

Filed 12/19/2011
Postaward Bid Protest; 28 U.S.C. § 1491(b); Motions to Dismiss; RCFC 12(b)(1); Standing; Prejudice; “Substantial Chance” of Receiving a Contract Award Absent Alleged Procurement Errors; Information Technology & Applications Corp.; Myers Investigative & Security Services, Inc.; Rex Service Corp. Signed by Judge Sweeney.

07-501V • YLUMINADA MOJICA and JULIO ACEVEDO, as legal representatives of JOSHUA ACEVEDO V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/14/2011
Motion for relief from a final judgment; overruling of the precedent dictating the prior judgment; RCFC 60(b)(5); overruling was in a different case; RCFC 60(b)(6); “extraordinary circumstances” Signed by Judge Lettow.

07-59V • JED SNYDER and LILIA SNYDER, Parents of N.S., a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/13/2011
Alternative Causation; Causation-In-Fact; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-12(e)(2); Pre-Existing Condition. Signed by Judge Braden.

07-60V • FRANK HARRIS, Parent of JORDAN HARRIS, a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/13/2011
Alternative Causation; Causation-In-Fact; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-12(e)(2); Pre-Existing Condition. Signed by Judge Braden.

06-933T • E. HAFFNER FOURNIER, et al. V. THE UNITED STATES

Filed 12/13/2011
Amcor; TEFRA; Partnership Item; Penalty Interest; Interlocutory Order; Reconsideration. Signed by Judge Wheeler.

07-777C • METCALF CONSTRUCTION CO., INC. V. THE UNITED STATES

Filed 12/09/2011
Breach of Contract; Breach of the Duty of Good Faith and Fair Dealing; Cardinal Change; Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006); Federal Acquisition Regulations: 52.236-2 (“Differing Site Conditions”); 52.236-5(a) (prohibiting the requirement of “materials” by trade name); Implied Consent That An Issue Was Tried; Standing; RCFC 15(b)(2), Motion To Amend Complaint. Signed by Judge Braden.

11-329C • GERALD R. WHITE V. THE UNITED STATES

Filed 12/08/2011
Tucker Act; 28 U.S.C. § 1491; 28 U.S.C. § 2501; statute of limitations; RCFC 12(b)(1); subject matter jurisdiction; pro se; 42 U.S.C. § 1983; Title VII; racial discrimination; veterans benefits Signed by Judge Damich.

09-401C • ROAD AND HIGHWAY BUILDERS, LLC V. THE UNITED STATES

Filed 12/08/2011
Contracts, agreement to release IRS’s right of redemption, 26 U.S.C. § 7425(d), jurisdiction, presumption of good faith for government employees, motion in limine to exclude prior testimony Signed by Judge Margolis.

07-266C • CONSOLIDATION COAL COMPANY, et al. V. THE UNITED STATES

Filed 12/08/2011
Motion to Continue Stay; Indefinite Stay; Interim Injunctive Relief Signed by Judge Futey.

06-914L • NORTHWESTERN BAND OF SHOSHONE V. UNITED STATES OF AMERICA

Filed 12/06/2011
Jurisdiction; 28 U.S.C. § 1500; Indian Trust; Operative facts Signed by Judge Block.

08-839C • YAKAMA NATION HOUSING AUTHORITY V. THE UNITED STATES

Filed 12/05/2011
Lummi Tribe v. United States, 99 Fed. Cl. 584 (2011); Anti-Deficiency Act; 28 U.S.C. § 1500; NAHASDA; Reauthorization Act of 2008, Pub. L. v. * No. 110-411, 122 Stat. 4319 Trusts; Fiduciary Duties; Money-Mandating Statute Signed by Judge Smith.

10-393C • AVIATION SOFTWARE, INC., et al. V. THE UNITED STATES

Filed 12/05/2011
Copyright infringement case; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); 28 U.S.C. § 1498(b) – statute of limitations; Claim preclusion; Preclusion requirements satisfied; “Recently discovered” evidence did not prevent application of preclusion doctrine; Case dismissed. Signed by Judge Allegra.

03-2272T • ROBERT G. MARTIN et al. V. THE UNITED STATES

Filed 12/05/2011
AMCOR; TEFRA; Reconsideration; No Intervening Change in Controlling Legal Authority Signed by Judge Damich.

09-172L • ERNEST YBANEZ, et al. V. THE UNITED STATES OF AMERICA

Filed 12/05/2011
Rails-to-Trails Act; Fifth Amendment Takings Clause; Surface Transportation Board; Application of State Property Law; RCFC 56(c) Cross-motions for Summary Judgment; National Trails System Act Amendments of 1983,16 U.S.C. § 1247(d); Texas Law; Methodology for Determining Just Compensation Signed by Judge Hodges.

05-168L • CASITAS MUNICIPAL WATER DISTRICT V. THE UNITED STATES

Filed 12/05/2011
Fifth Amendment Taking: (1) The only compensable water right that can be obtained under California law is a right to beneficial use. (2) Defendant cannot successfully invoke the takings defense identified in Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992), where defendant has failed to show that the restriction on water use imposed upon plaintiff pursuant to the Endangered Species Act duplicates the result that could have been achieved under background principles of state law. (3) Plaintiff’s takings claim will not accrue until the government’s action interferes with plaintiff’s beneficial use of water. Signed by Judge Wiese.

06-150 & 07-647C • VERIDYNE CORPORATION V. THE UNITED STATES

Filed 12/05/2011
Pleading and practice; motion in limine; testimony of lay witness on detrimental effects of fraud on Small Business Administration 8(a) program; Fed. R. Evid. 403, 701, 702. Signed by Judge Miller, C..

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