USCFC General Jurisdiction-Reported

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04-541L • STOCKTON EAST WATER DISTRICT and CENTRAL SAN JOAQUIN WATER DISTRICT V. THE UNITED STATES

Filed 10/31/2011
Takings; breach of contract; partial breach of contract; 28 U.S.C. § 1500 (2006); United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011); RCFC 15(d), supplemental complaint; substantial overlap in operative facts; RCFC 41(a)(2), voluntary dismissal. Signed by Judge Miller, C..

07-273L • STEPHEN J. ROGERS, et al., V. THE UNITED STATES

Filed 10/31/2011
Motion for Partial Summary Judgment; RCFC 56; Fifth Amendment Taking; Rails-to-Trails Act; Florida Law; Fee Simple; Right-of-Way; Abandonment; Measurement of Just Compensation. Signed by Judge Williams.

09-265C & 09-882C • EXXON MOBIL CORPORATION V. THE UNITED STATES

Filed 10/31/2011
Shell Oil Co. v. United States, 93 Fed Cl. 441 (Fed. Cl. 2010);“Avgas;” “History of the Petroleum Administration for War;” “Charges;” First War Powers Act of 1941; Executive Orders 9001, 9024; anti-Deficiency Act, Pub. L. No. 59-28, 34 Stat. 27, 49 (1906); Defense Supply Corporation Signed by Judge Smith.

11-534C • SURVIVAL SYSTEMS, USA, INC. V. THE UNITED STATES OF AMERICA

Filed 10/28/2011
Bid Protest; Motion to Supplement the Administrative Record Denied Signed by Judge Hewitt.

09-419T • MAGMA POWER COMPANY and MIDAMERICAN ENERGY HOLDINGS COMPANY AND SUBSIDIARIES V. THE UNITED STATES OF AMERICA

Filed 10/28/2011
Claim for Tax Refund; Internal Revenue Code, 26 U.S.C. § 6621(d); Interest Netting on Underpayments and Overpayments; Consolidated Group Income Tax Returns; Statutory Construction; Plain Meaning of “Same Taxpayer;” Taxpayer/Employee Identification Number; Legislative Intent Signed by Judge Baskir.

11-446C • D&S CONSULTANTS, INC. V. THE UNITED STATES and CACI-ISS, INC. and HP ENTERPRISE SERVICES, LLC, Defendant-Intervenors

Filed 10/28/2011
Post-award bid protest; exclusion from final competitive range; agency concerns re “unrealistically low labor rates” and allocation of labor hours; price realism analysis concludes very high degree of risk for recruiting and retaining an adequate workforce and for understanding problems involved in meeting contractual requirements; independent government cost estimate; contemporaneous record re development and application of same; post-hoc rationalization v. clarification of prior agency action; consideration of agency statements made during GAO protest; “agency record” as defined by 31 U.S.C. § 3556; “core documents,” including those identified in RCFC, Appendix C, paragraph 22(u); items for negotiation; meaningful and equal discussions with all offerors within the initial competitive range; FAR 15.306(d)(3); FAR 15.306(e)(1); agency did not rely upon new, unstated determinative criterion in evaluating plaintiff’s proposal Signed by Judge Miller, G..

11-377C • RALPH J. LAMSON V. THE UNITED STATES

Filed 10/27/2011
Fifth Amendment Takings Clause; waiver of sovereign immunity under 28 U.S.C. § 1498; jurisdiction to hear patent infringement claims under the Tucker Act; federal grant contracts; inability of lower court to find implicit overruling Signed by Judge Firestone.

09-642C • THE MARQUARDT COMPANY V. THE UNITED STATES

Filed 10/27/2011
Motion for Summary Judgment Denied Signed by Judge Hewitt.

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

Filed 10/27/2011
Denying Joint Motion for Rule 54(b) Certification Signed by Judge Hewitt.

05-1378L • OGLALA SIOUX TRIBE V. THE UNITED STATES OF AMERICA

Filed 10/27/2011
Indian Trust Claim; 28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct.1723 (2011); Substantially Similar Operative Facts Signed by Judge Hodges.

05-214C • MICHAEL R. PEOPLES V. THE UNITED STATES

Filed 10/27/2011
RCFC 52.1; Correction of Military Records; Decision After Remand to Board; Mandatory Separation; Medical Evaluation Board; Physical Evaluation Board; Substantial Evidence; Injustice Signed by Judge Sweeney.

11-96C • DUSTY FORD V. THE UNITED STATES

Filed 10/26/2011
Takings Clause; 30 U.S.C. § 612; use and occupancy under the mining laws; 43 C.F.R. § 3715; Tucker Act; 28 U.S.C. § 1491; RCFC 12(b)(1); equitable relief; prospective relief; writ of mandamus Signed by Judge Damich.

11-405C • UNITED HEALTH MILITARY VETERANS SERVICES, LLC V. THE UNITED STATES OF AMERICA

Filed 10/25/2011
Bid protest; TRICARE Management Activity; enhancement to a proposal; acknowledgment and discussion of risks; price realism; best value determination; guaranteed network discounts; referral management procedure; subcontractor pricing; underwriting fees Signed by Judge Baskir.

03-2684L & No. 01-568L • SHELDON PETERS WOLFCHILD, et al. V. UNITED STATES

Filed 10/25/2011
Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863 and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; motion for reconsideration Signed by Judge Lettow.

06-913L • WINNEBAGO TRIBE OF NEBRASKA V. THE UNITED STATES

Filed 10/25/2011
RCFC 12(b)(1); 28 U.S.C. § 1500; Tohono O’odham Nation; Substantially the Same Operative Facts; Trusted Integration, Inc. Signed by Judge Sweeney.

09-289L • THE DANA R. HODGES TRUST, et al. V. THE UNITED STATES

Filed 10/25/2011
Rails-to-Trails, Scope of Easement; "Railroad Purposes"; Interim Trail Use and Railbanking; Michigan Transportation Preservation Act; Public Purpose/Public Use; Prescriptive Easements; Valuation Maps Signed by Judge Damich.

11-358C • RONALD J. HELFERTY V. UNITED STATES

Filed 10/24/2011
Claim by discharged Navy veteran for and back pay; Military Pay Act, 37 U.S.C. § 204(a); alleged ineffective assistance of counsel in proceeding before an Administrative Discharge Board; denial of by the Board for Correction of Naval Records on an ex parte basis; government’s for remand Signed by Judge Lettow.

99-400C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI V. THE UNITED STATES

Filed 10/21/2011
Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Plaintiff is a Prevailing Party; Government’s Position Not Substantially Justified Signed by Judge Hewitt.

10-778C • RICHARD COLLINS, individually and on behalf of a class of all those similarly situated V. THE UNITED STATES

Filed 10/18/2011
Military pay; motion to dismiss, RCFC 12(b)(1), (b)(6); reduction of separation pay under 10 U.S.C. § 1174 (2006); subject matter jurisdiction; justiciability; extent to which discretionary element of otherwise money-mandating statute renders it not money-mandating for discharge due to homosexuality; severability; determination of ineligibility on motion to dismiss for failure to state a claim. Signed by Judge Miller, C..

11-294C • NETSTAR-1 GOVERNMENT CONSULTING, INC. V. THE UNITED STATES

Filed 10/17/2011
Post-award bid protest; Standard of review – Bannum; Organizational conflicts of interest; Success on the merits; FAR Part 9.5; Organizational conflict of interest – unequal access; Identification of organizational conflicts and mitigation efforts; Failure to identify conflict on timely basis; Failure to mitigate conflict; Agency conduct arbitrary, capricious and contrary to the FAR; Irreparable harm; Balance of hardships; Public interests; Injunction granted. Signed by Judge Allegra.

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