USCFC General Jurisdiction-Reported

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11-203T • ERIC & JOANN WASSON V. THE UNITED STATES

Filed 10/14/2011
Income Tax Refund; Business Theft Loss; Net Operating Loss Carryback; Jurisdiction; Flora Full Payment Rule Signed by Judge Sweeney.

09-612L • CONNIE and DOUGLAS THOMPSON, et al., V. THE UNITED STATES

Filed 10/13/2011
Takings; U.S. Const. Amend. V; Rails-To-Trails Act, 16 U.S.C. § 1247(d) (2006); Summary Judgment, RCFC 56(a); Certification of Question of State Law (Michigan Supreme Court Rule 7.305(b)(1)); ICC Termination Act of 1995, Pub. L. 104-88, 109 St. 803 (1995), 49 U.S.C. § 10903; Notice of Interim Trail Use, 49 C.F.R. § 1152.29(d); Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210, 90 Stat. 31 (1976); Transportation Act of 1920, Pub. L. No. 66-152, 41 Stat. 456 (1920); Tucker Act, 28 U.S.C. § 1496 (2006); 1855 Mich. Pub. Act No. 140; 2 Mich. Comp. Laws § 11135 (1929); 49 C.F.R. §§ 152.26(a), 1152-29(c)-(d). Signed by Judge Braden.

08-498C • WILLIAM E. BRANCH V. THE UNITED STATES

Filed 10/13/2011
Equal Pay Act, 29 U.S.C. § 209(d), pay disparity, differentiating task, 29 U.S.C § 255(a), discrimination, gender, work equal in skill, similar duties. Signed by Judge Smith.

11-376C • U.S. FOODSERVICE, INC., ET AL. V. THE UNITED STATES

Filed 10/12/2011
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); judgment on the administrative record, RCFC 52.1; ripeness; reasonableness of Class Waiver pursuant to 48 C.F.R. (FAR) § 12.302(c) (2011); irrationality or unreasonableness of non-commercial methodology adopted by agency for procurement. Signed by Judge Miller, C..

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

Filed 10/12/2011
National Trails System Act, 16 U.S.C. § 1241 (2006); Fifth Amendment Taking Claims; Plaintiffs’ Property Interests Under Mississippi Law; Easement or Fee Simple Title; Scope of Easement; Abandonment. Signed by Judge Wheeler.

11-264L • LAVERN C. FAST HORSE V. THE UNITED STATES

Filed 10/12/2011
Pro se Plaintiff; Claim for Damages for Alleged Illegal Incarceration; Rule 12(b)(1) and 12(b)(6) Motion to Dismiss; Fort Laramie Treaty of 1868; Act of June 3, 1920, 41 Stat. 738; Indian Claims Commission Act of 1942, 60 Stat. 1049; Bivens Action; RCFC 83.1(a). Signed by Judge Wheeler.

11-489C & 11-500C • SEABORN HEALTH CARE, INC., and TOP ECHELON CONTRACTING, INC. V. THE UNITED STATES

Filed 10/11/2011
Post-Award Bid Protest; Lack of Standing; Interested Party Status; Weights Applied to Evaluation Criteria; Reasonable Past Performance Evaluation; Lack of Prejudice to Protester; Supplementing the Certified Administrative Record. Signed by Judge Wheeler.

11-320C • ANN MARIE WILBURN V. THE UNITED STATES

Filed 10/07/2011
OPINION Signed by Judge Damich.

06-911L • OMAHA TRIBE OF NEBRASKA V. THE UNITED STATES

Filed 10/07/2011
28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct. 1723 (2011); Substantial Overlap in Operative Facts; RCFC 12(h)(3). Signed by Judge Firestone.

11-259C • FRANK PALACIOS V. THE UNITED STATES OF AMERICA

Filed 10/07/2011
Board for Correction of Naval Records; RCFC 12(b)(1); Jurisdictional Effect of Statute of Limitations 28 U.S.C. § 2501; Henderson v. Shinseki, 131 S.Ct. 1197 (2011); John R. Sand & Gravel Co. v. United States,552 U.S. 130 (2008). Signed by Judge Hodges.

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

Filed 10/07/2011
Barter Contract; Government Construction of Road in Exchange for Easement; Interpretation of Contract; Plain Meaning Rule; Reasonableness; Mutual Assent; Defenses of Rescission, Waiver, and Equitable Estoppel Rejected; Expectancy Damages. Signed by Judge Wheeler.

09-473C • METROPOLITAN VAN AND STORAGE, INC. V. UNITED STATES

Filed 10/06/2011
Equal Access to Justice Act, 28 U.S.C. § 2412; Substantial Justification; Attorneys’ Fees; Costs; Expenses. Signed by Judge Horn.

07-849C • GRAND ACADIAN, INC. V. THE UNITED STATES

Filed 10/06/2011
Pretrial Proceeding; Disposition of Motions in Limine to Exclude Witnesses and Evidence Signed by Judge Hewitt.

05-411T • PRESIDIO ADVISORS, LLC, NORVEST LTD. V. THE UNITED STATES

Filed 10/06/2011
Partnership tax proceeding; Motion for partial summary judgment; Subchapter S corporation; Qualified Subchapter S subsidiary – 26 U.S.C. § 1361(b)(3)(B); Election to treat subsidiary as a QSub; IRS Notice 97-4; Admission – RCFC 36(b); Admission that S corporation did not own stock of subsidiary on date of election prevented subsidiary from being treated as QSub; Loss deduction based on carry-over basis disallowed; Partial summary judgment granted. Signed by Judge Allegra.

06-522V • ROBERT VERYZER V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 09/29/2011
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review after remand; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I); review of findings of fact by special master. Signed by Judge Miller, C..

10-29L • GEORGE PAUL LENGEN AND ANNA LENGEN V. THE UNITED STATES

Filed 09/28/2011
Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1)(2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

09-839L • KIM GOODMAN V. THE UNITED STATES

Filed 09/28/2011
Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1)(2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

09-838L • RONALD AND CAROLYN MORGAN V. THE UNITED STATES

Filed 09/28/2011
Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

10-616C • ALFREDO SEMPER V. UNITED STATES

Filed 09/27/2011
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Civil Service Reform Act of 1978, Pub. L. No. 95-454; Money-Mandating Statute; Back Pay Act, 5 U.S.C. § 5596; 18 U.S.C. § 3602; 18 U.S.C. § 3672; Due Process Clause Signed by Judge Horn.

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

Filed 09/27/2011
Memorandum Opinion and Order Issuing a Preliminary Injunction Signed by Judge Braden.

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