USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-627C • ANTONINO EUGENE LYONS V. THE UNITED STATES

Filed 06/03/2011
Justice for All Act of 2004; 28 U.S.C. §§ 1495 and 2513; Statute’s Alleged Retroactivity; Scope of Congressional Waiver of Federal Sovereign Immunity Signed by Judge Miller, G..

10-883C • DOW ELECTRIC, INC. V. THE UNITED STATES

Filed 06/02/2011
Bid Protest, 28 U.S.C. § 1491(b)(1); Federal Acquisition Regulations, 48 C.F.R. §§ 14.101(d), 14.301(a), 14.304(b)(1), 14.404-2(b), 14.405, 52.214-19(a), 52.214-21(b), 52.214-21(d); Motion To Dismiss, RCFC 12(b)(1); Motion For Judgment On The Administrative Record, RCFC 52.1; OSHA Regulations, 29 C.F.R. § 1910.333(a)(1); Remedies in a Bid Protest, 28 U.S.C. § 1491(b)(2). Signed by Judge Braden.

07-248C • MELISSA ADDE V. THE UNITED STATES

Filed 06/01/2011
Attorney Fees and Costs; Back Pay Act, 5 U.S.C. §§ 5596, 7701(g) (2006); Unjustified Personnel Action; Prevailing Party; Interest of Justice; Reasonable Attorney Fees. Signed by Judge Bush.

09-746C • NOREEN M. HOLMES V. UNITED STATES

Filed 05/31/2011
Former spouses as Survivor Benefit Plan beneficiaries; former-spouse election; 10 U.S.C. § 1448(b)(3); 10 U.S.C. § 1450(f)(3)(A); motion to dismiss; equitable tolling; supplementation of the administrative record; substantial compliance Signed by Judge Lettow.

11-39C • VANGUARD RECOVERY ASSISTANCE, JOINT VENTURE V. UNITED STATES

Filed 05/27/2011
Protest of procurement actions taken by Federal Emergency Management Agency; standing; timeliness of suit; amendment and supplementation of the administrative record; agency’s failure to provide for performance-evaluation reports regarding predecessor contracts, as required by FAR §§ 36.604, 42.1502(f); “too close at hand to ignore” doctrine Signed by Judge Lettow.

06-900L • ROUND VALLEY INDIAN TRIBES V. THE UNITED STATES

Filed 05/27/2011
Motion For Leave To Amend Complaint, RCFC 15(a). Signed by Judge Braden.

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

Filed 05/26/2011
Bid Protest; Agency Decision to Follow Government Accountability Office?s Recommendation; Motion to Dismiss; Jurisdiction Pursuant to Tucker Act, 28 U.S.C. § 1491(b)(1); Ripeness; Standing; Agency Action Committed to Agency Discretion by Law Signed by Judge Damich.

01-27L • PLACER MINING CO., INC., d/b/a THE NEW BUNKER HILL MINING CO. V. THE UNITED STATES

Filed 05/25/2011
Fifth Amendment taking; CERCLA remediation; mining; Lucas; background principles of state law; nuisance; property access; distinguishing tort from taking. Signed by Judge Bruggink.

09-330C • AEY, INC. V. UNITED STATES

Filed 05/24/2011
Contested default termination of contract to supply non-standard ammunition; collateral estoppel; consequences of plea of guilty to criminal charge of conspiracy to make false statements; interpretation of 48 C.F.R. § 252.225-7007(c) Signed by Judge Lettow.

10-580L • WOLFSEN LAND & CATTLE COMPANY, ET AL. V. THE UNITED STATES

Filed 05/24/2011
Motion to Intervene Under Rule 24(a)(2) Denied; Applicants’ Interests Are Indirect and Contingent on Future Events; Applicants Are Able to Protect Their Interests in Another Forum; The United States Adequately Represents the Applicants’ Interests; Applicants’ Motion is Timely Signed by Judge Hewitt.

11-98C • HALLMARK-PHOENIX 3, LLC V. THE UNITED STATES

Filed 05/24/2011
Bid protest action; Challenge to agency in-sourcing decision; Motion to dismiss for lack of jurisdiction; 28 U.S.C. § 1491(b)(1); “Interested party”; Prudential standing doctrine; Bennett v. Spear ­­– prudential standing doctrine applicable to bid protests; Section 1491(b)(1) does not negate doctrine; 10 U.S.C. §§ 129a and 2463(a); In-sourcing decisions subject only to legislative oversight; Contractor lacked prudential standing to challenge in-sourcing decision; Jurisdiction lacking; Dismissal granted. Signed by Judge Allegra.

10-593C • OSCAR RUEDA-ROJAS V. THE UNITED STATES

Filed 05/23/2011
Motion to Dismiss, RCFC 12(b)(1), (b)(6); Jurisdiction; Settlement Agreement; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq.; 28 U.S.C. § 1631 (transfer to United States District Court); 29 C.F.R. § 1614.105(f) (Alternative Dispute Resolution). Signed by Judge Braden.

09-172L • ERNEST YBANEZ, ET AL. V. THE UNITED STATES OF AMERICA

Filed 05/20/2011
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; Scope of Railroad Easement Signed by Judge Hodges.

10-538C • L-3 COMMUNICATIONS CORP. V. THE UNITED STATES

Filed 05/20/2011
Pre-award bid protest; Foreign Military Sale; sole source request; CICA foreign government reimbursement exception to open competition, 10 U.S.C. § 2304(c)(4); guidance from Security Assistance Management Manual; justification based on established history; not a gift; Antideficiency Act, 31 U.S.C. § 1341(a)(1)(A); biased ground rules OCI; impaired objectivity OCI; notice to Congress of proposed foreign sale. Signed by Judge Wolski.

04-1041V • JENNIFER STONE AND GARY STONE, PARENTS AND NEXT FRIENDS OF AMELIA STONE, A MINOR V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/19/2011
Vaccine Act; Dravet Syndrome; factor unrelated to the administration of the vaccine; vaccine as substantial cause of injury; evidence of brain damage. Signed by Judge Margolis.

09-587C • SACRAMENTO MUNICIPAL UTILITY DISTRICT V. THE UNITED STATES

Filed 05/17/2011
Amended Pleadings, RCFC 15(a); Damages for Partial Breach of Contract; Supplemental Pleadings, RCFC 15(d). Signed by Judge Braden.

90-1009V • MELISSA KENNEDY, AS NEXT FRIEND FOR MICHAEL DAN KENNEDY V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 05/16/2011
Vaccine case; Petition for review; RCFC 60 – motion for relief from judgment; RCFC 17(c) – guardian ad litem and next friend; RCFC 60(b)(4) – void judgment; Failure to appoint petitioner’s parents as guardians ad litem did not render prior judgment void; RCFC 60(b)(6) – other reasons that justify relief; No showing that parents ineffectively represented their son; RCFC 60(c)(1) – timeliness of motion; Motion for review denied. Signed by Judge Allegra.

02-1770V • LISA FESANCO AND MICHAEL FESANCO, PARENTS OF MF, A MINOR V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 05/16/2011
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 -300aa-34; Omnibus Autism Proceeding; Pro se Litigants; Review of Decisions by the Special Masters, 42 U.S.C. § 300aa-12(e); Vaccine Table, 42 U.S.C. § 300aa-14(a). Signed by Judge Braden.

06-835C, 06-853C, 06-858C, 07-82C • GULF GROUP GENERAL ENTERPRISES CO. W.L.L. V. UNITED STATES

Filed 05/14/2011
Motion in Limine to Exclude Trial Testimony; Attorney-Client Privilege; Work Product Doctrine Signed by Judge Horn.

05-675T • WILLIAM F. AND THERESE HARTMAN V. THE UNITED STATES

Filed 05/13/2011
Cross-Motions for Summary Judgment; Income Tax Refund; Tax Consequences of the Sale of Ernst & Young’s Consulting Services Business to Cap Gemini in Exchange for Cap Gemini Stock; Danielson Rule; Constructive Receipt Signed by Judge Sweeney.

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