USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

09-891C • CHAPMAN LAW FIRM, LPA V. UNITED STATES

Filed 01/18/2012
Motion for Partial Summary Judgment; Contract Interpretation; Ambiguity; Contra Proferentem Signed by Judge Horn.

09-92C • THE NASCENT GROUP, J.V., by NATIVE AMERICAN SERVICES CORPORATION, INC. V.UNITED STATES

Filed 01/18/2012
Defense Appropriation Act, Pub. L. No. 107-107; Implied Covenant of Good Faith and Fair Dealing; Offer; Option; Patent Ambiguity of Contractual Terms Signed by Judge Braden.

10-192T • SALEM FINANCIAL, INC. V. UNITED STATES

Filed 01/18/2012
Defendant’s Motion to Compel Discovery; Tax Reserve Information; Work Product Doctrine; Waiver; Tax Practitioner Privilege; Attorney-Client Privilege; Non-Legal Advice; Purely Legal Advice; Advice Given in a Non-Legal Capacity; Quick Peek Procedure. Signed by Judge Wheeler.

11-790C • URS FEDERAL SERVICES, INC. V. UNITED STATES

Filed 01/18/2012
Competition In Contracting Act, 31 U.S.C. § 3553; For Reconsideration; Override. Signed by Judge Braden.

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

Filed 01/18/2012
Post-award bid protest; Second award of contract following court order enjoining performance of earlier-awarded contract; Standard of review – Bannum; Agency’s failure to address impact of awardee’s performance of the enjoined contract; Waiver – Blue and Gold; Failure to follow RFP evaluation scheme; Modification of evaluation scheme on reprocurement; Prejudice lacking; Failure to conduct meaningful discussions; Alleged flaw in agency’s technical evaluations; Evaluation of professional services clause (FAR § 52.222-46); Best value determination; Protest rejected. Signed by Judge Allegra.

07-653C, 09-339C • PHILIP EMIABATA, d/b/a NOVA EXPRESS V. THE UNITED STATES

Filed 01/18/2012
U.S. Postal Service contract; Motion for summary judgment; RCFC 56 – standard for review; Termination for default; Defendant established that termination for default was proper; Supporting termination on less than the original number of grounds; Failure to provide required insurance coverage; Motion granted. Signed by Judge Allegra.

11-453C • SUFI NETWORK SERVICES, INC. V. THE UNITED STATES

Filed 01/17/2012
Contractor’s Claim under Non-CDA Disputes Clause; CO’s Failure to Issue Timely Final Decision; Material Breach of Disputes Clause; Contractor Not Required to Exhaust Administrative Remedies; NAFI Entity. Signed by Judge Wheeler.

11-725C • CERADYNE, INC. V. THE UNITED STATES

Filed 01/17/2012
Bid Protest; 28 U.S.C. 1491(b)(1); Contract Modification; Competition in Contracting Act (CICA), 41 U.S.C. § 3301; AT&T Comm’ns v. Wiltel, Inc., 1 F.3d 1201 (Fed. Cir. 1993); Claim Related to Responsibility Determination Dismissed as Moot. Signed by Judge Firestone.

09-14C • RAILWAY LOGISTICS INTERNATIONAL V. THE UNITED STATES OF AMERICA

Filed 01/17/2012
Breach of Contract Claim; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 41 U.S.C. § 7103(c)(2); Jurisdiction; Government as De Facto Plaintiff; Motion to Dismiss Counterclaims; for Convenience Signed by Judge Hodges.

11-260T • SCOTT R. MARTIN V. THE UNITED STATES

Filed 01/13/2012
Pro Se; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Hewitt.

10-422C • ALBERT J. KIPPLE V. THE UNITED STATES

Filed 01/12/2012
Jurisdiction; Fifth Amendment taking; illegal exaction; promissory note Signed by Judge Bruggink.

09-860L • MIKE MEHAFFY V. THE UNITED STATES

Filed 01/10/2012
Takings; regulatory taking; summary judgment; denial of application for fill permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. § 1344 (2006); determination of whether defendant has established under RCFC 56 that plaintiff can show no regulatory taking based on Penn Central analysis. Signed by Judge Miller, C..

09-109T • Michael F. Curtin and Vivien G. Johnson, Personal Representatives of the ESTATE OF ELEANOR CLOSE BARZIN, Deceased V. THE UNITED STATES

Filed 01/10/2012
Taxes, jurisdiction over tax refund claim, 26 U.S.C. § 7422(e), Court loses jurisdiction over claim asserted in Tax Court Signed by Judge Margolis.

11-690C • Science Applications International Corp. v. The United States and Intervenor Defendants

Filed 01/09/2012
Post-award bid protest; standing; contents of the administrative record. Signed by Judge Merow.

07-784V • VERONICA ARGUETA, as the legal representative of her minor son, JOSHUA ARGUETA V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/09/2012
DTaP Vaccination; Vaccine Injury Table; Table Encephalopathy; Acute Encephalopathy; Pre-Vaccination Evidence of Injury Signed by Judge Damich.

11-516C • BAYFIRST SOLUTIONS, LLC V. THE UNITED STATES

Filed 01/09/2012
Post-Award Bid Protest; Disparate Treatment of Offerors; Irrational Evaluation Ratings; Flawed Tradeoff Analysis; Injunctive Relief. Signed by Judge Bush.

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