USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-860L • MIKE MEHAFFY V. THE UNITED STATES

Filed 04/29/2011
Takings; denial of application for fill permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. § 1344 (2006); jurisdiction; ripeness. Signed by Judge Miller, C..

07-448V • JANE DOE 93 V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/29/2011
Vaccine Program; Influenza Vaccine; Transverse Myelitis: Vaccine Act; Allocation of the Burden of Proof; Preponderance of the Evidence. Signed by Judge Williams.

08-537C • USHIP INTELLECTUAL PROPERTIES, LLC V. THE UNITED STATES

Filed 04/28/2011
Claim Construction; Corresponding Structure; Function; Extrinsic Evidence; Indefinite; Intrinsic Evidence; Invalidity; Third Party Defendant, RCFC 14(b); Means-Plus-Function Limitation, 35 U.S.C. § 112, ¶ 6; Patents; 41 U.S.C. § 114(b). Signed by Judge Braden.

10-742C • JACQUELINE MADISON & BARBARA SCOTT V. THE UNITED STATES OF AMERICA

Filed 04/28/2011
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); USDA Direct and Counter-Cyclical Program; Freedom of Information Act; Fifth Amendment Takings Clause Signed by Judge Hodges.

08-804C • PETER MORTON V. THE UNITED STATES OF AMERICA

Filed 04/27/2011
I.R.C. §§ 162, 167, 168, 183; business deduction; deferred like-kind exchange; “unified business enterprise;” separateness of corporations and individual owners; profit motive; substantiation of business expenses; qualified intermediary safe harbor; actual or constructive receipt of funds. Signed by Judge Baskir.

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

Filed 04/22/2011
Motion to Dismiss for Failure to Submit Contractor Claim to the Contracting Officer Pursuant to the Contract Disputes Act, 41 U.S.C. § 7103 Signed by Judge Horn.

10-225T • STEVEN T. WALTNER AND SARAH V. WALTNER V. UNITED STATES

Filed 04/22/2011
Pro Se Plaintiffs; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Hearing, Motions to Strike Signed by Judge Horn.

10-677C • BOWERS INVESTMENT COMPANY, LLC V. THE UNITED STATES

Filed 04/22/2011
Motion to Dismiss; Contract Disputes Act; Election Doctrine; RCFC 12(b)(1); RCFC 12(b)(6); Claim Preclusion Signed by Judge Hewitt.

06-539C • FRANK GAYLORD V. UNITED STATES

Filed 04/22/2011
Copyright Infringement; Measure of Damages for Postal Service’s Use of Copyrighted Image on Postage Stamp; 28 U.S.C. § 1498 (b); 17 U.S.C. § 504; Zone of Reasonableness Based Upon Evidentiary Record. Signed by Judge Wheeler.

04-125C and 04-124C • NIAGARA MOHAWK POWER CORPORATION, ET AL. V. THE UNITED STATES

Filed 04/22/2011
Takings; Takings Clause of the Fifth Amendment; Nuclear Waste Policy Act of 1982; Spent Nuclear Fuel Disposal; Preclusion of Takings Claim by Breach of Contract Claim; Physical Takings; Regulatory Takings; Taking of Fees Signed by Judge Margolis.

10-270C • WILLIAM P. FREEMAN V. UNITED STATES

Filed 04/21/2011
Claims by federally recognized National Guard officer for back pay, aviation career incentive pay, and correction of military records; request for voluntary dismissal; RCFC 41(a)(2); subject matter jurisdiction; statute of limitations; tolling under the Servicemembers Civil Relief Act; 50 U.S.C. app. § 526; failure to state a claim Signed by Judge Lettow.

10-368C • TIMOTHY A. REMMIE V. THE UNITED STATES

Filed 04/21/2011
Military Pay; Motion to Dismiss for Lack of Subject Matter Jurisdiction, Rule 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Transfer of Nonmonetary Claims; Transfer Statute, 28 U.S.C. § 1631; Dismissal Without Prejudice Signed by Judge Damich.

10-427C • JENNIFER PABLO V. THE UNITED STATES

Filed 04/21/2011
“Bad Men” claim; Fort Sumner Treaty of 1868, arts. I, II, IX, XIII, June 1, 1868, 25 Stat. 667; Fort Laramie Treaty of 1868, art. I, Apr. 29, 1868, 25 Stat. 635; Member of one tribe seeking rights off-reservation or under treaty of another tribe Signed by Judge Firestone.

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

Filed 04/20/2011
Discovery Dispute; Motion to Compel; Excise Tax; Ozone-Depleting Chemicals (ODC); 26 U.S.C. Section 6103; Exceptions to Taxpayer Confidentiality; Return Information; "Item" Test; "Directly Related to the Resolution of an Issue" Signed by Judge Damich.

10-656C • FRANK J. VISCONI V. THE UNITED STATES

Filed 04/20/2011
Correction of Military Records, 10 U.S.C. § 1552; Motion To Dismiss, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

07-624C • DAVID E. TIPPETT, PRO SE V. THE UNITED STATES

Filed 04/15/2011
Military Pay; No Waiver of Sovereign Immunity for Damages Related to Delayed Satisfaction of a Money Judgment Against the United States; No Right to Promotion Based on Mandatory Retirement Statutes; Standard of Review for Decisions Issued by a Board for the Correction of Military Records. Signed by Judge Bush.

10-533C • ROLLIN LEE SPENCER V. THE UNITED STATES

Filed 04/14/2011
Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Frivolous Claims; Motion for Summary Dismissal; Subject Matter Jurisdiction; RCFC 12(b)(1); Purported Takings Claim; Claims Against Parties Other Than the United States; Tort-Based Claims; Claims Alleging Breach of the Uniform Commercial Code; 28 U.S.C. §§ 1495, 2513; Unjust Conviction and Imprisonment; Transfer Not in the Interest of Justice; 28 U.S.C. § 1631 Signed by Judge Sweeney.

07-154C • NORMAN H. COHEN, ED.D. V. THE UNITED STATES

Filed 04/14/2011
Motion for Reconsideration; Standing to Sue the United States for Copyright Infringement Under 28 U.S.C. § 1498(b); United States Is Not Liable for Copyright Infringement by Third Parties Not Acting with the Government’s Authorization or Consent; United States Cannot Be Held Liable for Secondary Copyright Infringement Signed by Judge Hewitt.

08-910 • MARIA AND MARCOS TOSCANO V. THE UNITED STATES

Filed 04/13/2011
Rails to Trails Act; statute of limitations; motion for class certification; Bright v. United States, 603 F.3d 1273 (Fed. Cir. 2010) Signed by Judge Bruggink.

11-89C • RCD CLEANING SERVICE, INC. V. THE UNITED STATES, WINCOR PROPERTIES, INC.

Filed 04/13/2011
Pre-Award Bid Protest; Failure to Provide Requested Information to Confirm HUBZone Status. Signed by Judge Bush.

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