USCFC General Jurisdiction-Reported

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10-877C • TECH SYSTEMS, INC. V. THE UNITED STATES

Filed 05/11/2011
Post-award bid protest; Coast Guard tailoring services contract; great deference for technical and past performance evaluations; relevance of past performance; individual evaluators’ views; discussions ignoring price; best value tradeoff; explanation of responsibility determination unnecessary; bias and bad faith unproven; management not an evaluation factor; not an “essay-writing contest.” Signed by Judge Wolski.

11-181C • NORTHEAST MILITARY SALES, INC. V. THE UNITED STATES

Filed 05/11/2011
Motion to Intervene Pursuant to RCFC 24; Intervention Denied as Untimely Signed by Judge Hewitt.

10-690T • JAMES ALLEN GREGOLINE V. THE UNITED STATES

Filed 05/11/2011
Tax Refund Claim; Lack of Subject Matter Jurisdiction; Tax Returns Submitted With Zeros Instead of Dollar Amounts Do Not Constitute Valid Administrative Claims to the IRS; No Jurisdiction of Claims Against California Franchise Tax Board Signed by Judge Wheeler.

04-1593 • DR. YULIYA DOBRYDNEVA AND DR. BORIS DOBRYDNEV, PARENTS OF ILYA DOBRYDNEV, A MINOR V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 05/09/2011
Causation In Fact; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-10, et seq.; Standard of review, 42 U.S.C. § 300aa-12(e)(2)(B). Signed by Judge Braden.

09-575L • HENRY L. HOWARD, ET AL., V. UNITED STATES

Filed 05/06/2011
Certification Signed by Judge Horn.

10-277C • MORRIS M. GOLDINGS V. UNITED STATES

Filed 05/06/2011
Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted; Claim for Postal Reward; Breach of Implied-in-Fact Contract; Unilateral Contract; 39 U.S.C. § 404(a)(8) (2000) (Rewards); 39 C.F.R. § 233.2(b) (2001) (Rewards) Signed by Judge Horn.

10-577T • SUSAN F. BEARD V. UNITED STATES

Filed 05/06/2011
Tax refund case; unemployment taxes; I.R.C. § 6672; corresponding later-filed collection action pending in district court; motion for stay; cross-motion for injunction; application of I.R.C. § 6331(i); factors bearing on injunctive relief Signed by Judge Lettow.

09-793T • PANASONIC COMMUNICATIONS CORPORATION OF AMERICA V. THE UNITED STATES

Filed 05/06/2011
Discovery; Motion to Compel; Not Overbroad despite Omnibus Phrases; Attorney-Client Privilege; Communication to Third Party; Agent of Counsel; Representative of Client; Waiver re Expert Witness; Deliberative Process Privilege Signed by Judge Damich.

09-186L • CAPREAL, INC., ET AL. V. THE UNITED STATES

Filed 05/06/2011
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Scope of Easement; Federal Board’s Notice of Interim Trail Use Blocked Reversion to Fee Simple Landowners Under Massachusetts Law; Railbanking; Abandonment. Signed by Judge Wheeler.

11-181C • NORTHEAST MILITARY SALES, INC. V. THE UNITED STATES

Filed 05/06/2011
Bid Protest; Motion to Compel the Production of Documents to Supplement the Administrative Record Signed by Judge Hewitt.

07-272C • MARK G. ABBEY, ET AL. V. THE UNITED STATES

Filed 05/04/2011
Motion for Partial Summary Judgment; Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219 (2006); Motion to Strike Portions of Testimony Signed by Judge Hewitt.

11-86C • SANTA BARBARA APPLIED RESEARCH, INC. V. THE UNITED STATES

Filed 05/04/2011
Bid Protest; 28 U.S.C. § 1491(b)(1); In-Sourcing Decision Made “in connection with a procurement”; Contract-holder an “Interested Party” with Standing to Challenge In-Sourcing Decision; Prudential Standing Does Not Apply to Bid Protests; 10 U.S.C. § 129a; 10 U.S.C. § 2463; Ike Skelton National Defense Authorization Act for Fiscal Year 2011, 124 Stat. 4127, 4184. Signed by Judge Firestone.

11-124C • PATRIOT TAXIWAY INDUSTRIES, INC. V. THE UNITED STATES

Filed 05/04/2011
Post-Award Bid Protest; Motion for Judgment on the AR; Evaluation of Past and Present Performance; Price Reasonableness; Meaningful Discussions; Permanent Injunction; Success on the Merits Signed by Judge Williams.

09-890T • JOSHUA WELCH & ALEJANDRA DE LOSADA V. THE UNITED STATES OF AMERICA

Filed 05/03/2011
Cross-Motions for Summary Judgment; RCFC 56; Income Tax Refund; I.R.C. § 6401(a); Improper Assessment and Collection; I.R.C. § 6213(a); Notice of Deficiency; I.R.C. § 6503(a); Presumption of Official Regularity. Signed by Judge Hodges.

07-655C • JULLIE G. HORN V. THE UNITED STATES

Filed 05/03/2011
Motion for Summary Judgment; RCFC 56(c); Requirements Contract; Indefinite Quantity Contract; Torncello v. United States; Federal Acquisition Regulations; Lack of Mutuality of Intent and Consideration Unenforceable Agreement. Signed by Judge Smith.

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

Filed 05/02/2011
Motion in Limine to Exclude Expert Testimony Signed by Judge Horn.

10-298C • MORI ASSOCIATES, INC. V. THE UNITED STATES

Filed 05/02/2011
Protest of decision to cancel procurement; motion to supplement the administrative record; relevant information that was contained in the agency record for the procurement; completion of record so as not to frustrate effective judicial review. Signed by Judge Wolski.

11-65C • JACOB-FRANZ: DYCK, ET AL. V. ALBERTELLI LAW, ET AL.

Filed 04/29/2011
Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Failure to State a Claim Signed by Judge Horn.

03-2164T • JADE TRADING, LLC, ET AL. V. THE UNITED STATES

Filed 04/29/2011
Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. §§ 6226, 6662; Jurisdiction to Apply Accuracy-Related Penalties in a Partnership Proceeding; Outside Basis; Lack of Economic Substance. Signed by Judge Williams.

10-864C • REPUBLIC OF NEW MOROCCO V. THE UNITED STATES

Filed 04/29/2011
Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); No Money-Mandating Source of Substantive Law; Criminal Allegations; Equitable Relief; Tort-Based Claims; Transfer Not in the Interest of Justice Signed by Judge Sweeney.

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