USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-803C • DAISY J. BRAM V. THE UNITED STATES

Filed 01/06/2012
Pro se; motion to dismiss; RCFC 12(b)(1); Tucker Act; 28 U.S.C. § 1491; state officials; breach of contract Signed by Judge Damich.

11-700C • BROOKS RANGE CONTRACT SERVICES, INC. V. THE UNITED STATES OF AMERICA

Filed 01/06/2012
Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record Signed by Judge Hewitt.

09-531T • SEVERINO MARTINEZ, d/b/a MARTINEZ TRUCKING V. THE UNITED STATES

Filed 01/05/2012
Taxes; Section 530 of the Revenue Act of 1978 “safe haven”; proof of timely delivery; physical delivery rule; 26 U.S.C. § 7502 exceptions to physical delivery rule; common law mailbox rule. Signed by Judge Margolis.

09-531T • SEVERINO MARTINEZ, d/b/a MARTINEZ TRUCKING V. THE UNITED STATES

Filed 01/05/2012
Taxes; admissibility of depositions at trial; timeliness; exceptional circumstances Signed by Judge Margolis.

11-404C • PERRY FAISON V. THE UNITED STATES

Filed 01/04/2012
The U.S. Court of Federal Claims is Without Jurisdiction to Review or Award Damages With Respect to an Administrative Decision of the U.S. Department of Education; Rule 12(b)(1); Transfer of the Case Not Appropriate; 28 U.S.C. § 1631 Signed by Judge Hewitt.

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

Filed 12/30/2011
Post-Award Bid Protest; Competition In Contracting Act, 31 U.S.C. § 3553; Override; 48 C.F.R. § 16.603-2(a). Signed by Judge Braden.

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

Filed 12/30/2011
Motion to Intervene, RCFC 24 Signed by Judge Braden.

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

Filed 12/30/2011
Continuation Patent Applications; Motion For Reconsideration; Parent Patent; Prosecution History Disclaimer; Restriction Requirement, 37 C.F.R. §§ 1.111, 1.142(a). Signed by Judge Braden.

11-562C • AKAL SECURITY, INC. V. THE UNITED STATES

Filed 12/29/2011
Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Intervenor, RCFC 24(a); Judgment on the Administrative Record, RCFC 52.1; Administrative Procedure Act, 5 U.S.C § 706; Responsibility Determination; Disparate Treatment; Federal Acquisition Regulation 15.308; Source Selection Authority Independent Judgment; Source Selection Authority Comparative Assessment; Best-value procurement. Signed by Judge Braden.

01-627C • TIMBER PRODUCTS COMPANY V. UNITED STATES OF AMERICA

Filed 12/29/2011
Timber Sale Contract; Breach of Implied Duties to Cooperate and Not Hinder performance; Standard for Demonstrating Breach; Reasonableness of Government Conduct. Signed by Judge Williams.

11-257C • CITIZENS INSURANCE COMPANY OF AMERICA V. THE UNITED STATES

Filed 12/29/2011
Subject Matter Jurisdiction; Motion to Dismiss; RCFC 12(b)(1); Medicare Secondary Payer Act; Failure to Allege Violation of a Money-Mandating Source of Substantive Law; Purported Implied-in-Fact Contract; Testan; Wilson; Aerolineas Argentinas; Lion Raisins, Inc. Signed by Judge Sweeney.

09-114L • JOHNNY GREGORY, et al. V. THE UNITED STATES

Filed 12/29/2011
Rails-to-Trials Case; Motion for Reconsideration; Claims Related to Parcels Obtained by Adverse Possession. Signed by Judge Wheeler.

08-899C • MICHAEL SABO, et al. V. THE UNITED STATES

Filed 12/22/2011
Class Action; Approval of Settlement Agreement; Post Traumatic Stress Disorder; 10 U.S.C. § 1216a(a)(1); 38 U.S.C. § 1155; 38 C.F.R. § 4.129; Disability Ratings; Fairness Hearing; Factors Favoring Final Approval of Class Action Settlement Agreement. Signed by Judge Miller, G..

99-4451L • JOHN H. BANKS, ET AL., V. THE UNITED STATES

Filed 12/22/2011
Complaints for Taking of Shoreline by Erosion; Opinion Dismissing Complaints After Trials of Liability and Damages Signed by Judge Hewitt.

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

Filed 12/21/2011
Pre-award bid protest; NIH; NIDDK; cancellation of procurement; jurisdiction based on FAR §§ 1.602-2 & 3.101-1; duty of fair and honest consideration; arbitrary action; permanent and preliminary injunctions; FAR § 7.302(b) and OMB Circular A-76; small business set-asides & Rule of Two, FAR § 19.502-2(b); task orders; statutory interpretation; use of legislative history when text is plain; sunset clause of 41 U.S.C.A. § 4106(f)(3); agency’s cost-savings analysis. Signed by Judge Wolski.

09-691C • INTERNATIONAL INDUSTRIAL PARK, INC., et al. V. THE UNITED STATES

Filed 12/21/2011
Motion for Reconsideration; Attorneys’ Fees; Waiver of Sovereign Immunity; Fee-Shifting Provision; Contract Interpretation; Plain and Ordinary Meaning. Signed by Judge Wheeler.

09-241L • STEVEN JENKINS, et al. V. THE UNITED STATES

Filed 12/20/2011
Fifth Amendment Takings Clause; Rails-to-Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Iowa Law; Scope of Railroad Easement Conveyed by Deed; Extent of Government’s Taking Liability Signed by Judge Firestone.

11-573C • ORION TECHNOLOGY, INC. V. THE UNITED STATES

Filed 12/20/2011
Preaward Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; Noncompliant Proposal; Missing Teaming Partner Cost/Price Data; Exclusion From Competition After Initial Screening of Proposals; Standing; Section L Versus Section M of the Solicitation; Procuring Agency Discretion Signed by Judge Sweeney.

09-236C • MARTIN CONSTRUCTION, INC. V. THE UNITED STATES

Filed 12/20/2011
Corps of Engineers Construction Contract; Default Termination; Failure to Make Progress vs. Failure to Meet Completion Date; Excusable Delay; Defective Specifications; Effect of Contract Modifications After Completion Date; Waiver; Conversion to Termination for Convenience. Signed by Judge Wheeler.

02-69C • CLINCHFIELD COAL CO., et al., V. THE UNITED STATES

Filed 12/20/2011
Motion to Continue Stay; Indefinite Stay; No Pressing Need; Harm to Government; Competing Interests. Signed by Judge Bush.

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