USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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90-1009V • MICHAEL DAN KENNEDY V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/17/2011
Vaccine case; RCFC 17(c)(2); Appointment of petitioner’s sister as “next friend.” Signed by Judge Allegra.

98-419 • RESOURCE INVESTMENTS, INC. AND LAND RECOVERY, INC. V. UNITED STATES OF AMERICA

Filed 03/17/2011
Expert Witness; Subpoena; RCFC 45; 5 U.S.C. § 6322; Court-Ordered Leave for Pre-Trial Preparation Signed by Judge Block.

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

Filed 03/17/2011
Motion for Summary Judgment; RCFC 56; Government’s Duties Under Restoration Clause of Lease; Normal Wear and Tear; Implied Covenant Against Waste Signed by Judge Hewitt.

09-673C • RN EXPERTISE, INC. V. THE UNITED STATES

Filed 03/11/2011
Bid Protest; Motion for Judgment on the Administrative Record; Solicitation Cancellation; Reasonableness of Cost Justification; Economy Act, 31 U.S.C. § 1535; Interagency Agreements; Procurement Notice; Competition in Contract Act (“CICA”), 10 U.S.C. § 2304; Contract Modifications Signed by Judge Damich.

90-1009V • MICHAEL DAN KENNEDY V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/10/2011
Vaccine review; Appointment of “next friend” for incompetent petitioner; RCFC 17(c); Standard for appointment of “next friend;” Affidavit. Signed by Judge Allegra.

09-771C • K-LAK CORPORATION V. THE UNITED STATES

Filed 03/09/2011
Motion for Judgment on the Administrative Record; 28 U.S.C. § 1491(b)(1); Small Business Development Program, 8(a); Use of Federal Supply Schedule. Signed by Judge Firestone.

10-478T • ERNESTO BRACH, PRO SE V. THE UNITED STATES

Filed 03/09/2011
Pro se Complaint; Motion to Dismiss RCFC 12(h)(3); 26 U.S.C. § 6532(a)(1) Statute of Limitations for Filing Suit; 26 U.S.C. § 6511(a) Statute of Limitations for Filing Claim for Refund with IRS; 26 U.S.C. § 6511(h) Financial Disability; No Equitable Exceptions to Filing Period; Full Payment Rule; Account Stated Claim. Signed by Judge Firestone.

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

Filed 03/09/2011
Post-award bid protest; supplementation of administrative record; bias and bad faith; presumptions of regularity and good faith conduct; sufficiently well-grounded allegations based on hard facts. Signed by Judge Wolski.

10-810C • MISSION CRITICAL SOLUTIONS V. THE UNITED STATES

Filed 03/08/2011
Bid Protest; HUBZone; Decertification; Qualified HUBZone SBC; 35% Employee Residency in HUBZone; "Attempt to Maintain" Safe Harbor Signed by Judge Damich.

10-291C • ALFRED ELLIOTT, PRO SE V. THE UNITED STATES

Filed 03/02/2011
Pro se complaint; motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); jurisdiction for claims relating to enforcement of fine or forfeiture, 28 U.S.C. § 1355 (2006); whether claim for illegal exaction based on allegedly time-barred satisfaction of fine reduced to judgment through offsets to Social Security payments is a forfeiture claim. Signed by Judge Miller, C..

10-852C • GLENN DEFENSE MARINE (ASIA) PTE, LTD V. THE UNITED STATES

Filed 03/01/2011
Post-award bid protest; Cross-motions for judgment on the administrative record; Standard of review; Single contract versus split award; FAR § 51.212-1(h) – multiple awards; “Lowest total price” evaluation clause; NAVSUP clause reserving right to award single contract; Treatment of extrinsic evidence; Evidence of subjective intent; RFP authorized split award; Relief denied. Signed by Judge Allegra.

09-869C • BENJAMIN GAL-OR V. THE UNITED STATES

Filed 02/28/2011
Patent Infringement; Fifth Amendment Takings; Statute of Limitations; Joinder of Necessary Parties Signed by Judge Bruggink.

08-195T • DOMINION RESOURCES, INC. V. UNITED STATES

Filed 02/25/2011
Corporate tax case; capitalization of imputed interest on the basis of property temporarily removed from service that otherwise would be used for the produc- tion of income, which temporary removal occurs in connection with the installation or construction of a capitalized improvement to the income-producing property; validity of Treas. Reg. § 1.263A-11(e)(1) (ii)(B); Section 702(2)(A) of the Administrative Procedure Act; application of the “substantial variance” doctrine to preclude consideration of the retroactivity of Treas. Reg. § 1.263A-11(e)(2); alleged mistake in settlement agreement Signed by Judge Lettow.

07-702C • OK'S CASCADE COMPANY V. THE UNITED STATES

Filed 02/25/2011
Termination for the Convenience of the Government; Work Performed Under Different Contract Vehicle; Pre-Contract Equipment Modernization Costs; Unabsorbed Overhead; Settlement Proposal Preparation Costs; Failure to Disclose Proposed Expert Witness Signed by Judge Wheeler.

07-206C • LUBLIN CORPORATION, t/a CENTURY 21, ADVANTAGE GOLD V. THE UNITED STATES

Filed 02/24/2011
Contract case; Motion for summary judgment; Implied actual authority – H. Landau & Co.; Individuals without actual contracting authority may, nonetheless, bind the United States; Genuine issues of material fact as to implied actual authority; Breach; Circumstantial evidence of breach; Anti-Deficiency Act; Genuine issues of material fact as to breach; Trial to be set. Signed by Judge Allegra.

99-550L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA V. THE UNITED STATES OF AMERICA

Filed 02/24/2011
Application of Confederated Tribes of the Warm Springs Reservation v. United States to Claims for Damages for Breach of Trust Obligations; Awarding Plaintiff Damages for Breach of Trust Signed by Judge Hewitt.

07-273L • STEPHEN J. ROGERS, ET AL. V. THE UNITED STATES

Filed 02/24/2011
Fifth Amendment Taking; Motion to Strike Expert Testimony; RCFC 26; RCFC 37; Adequate Disclosure of Damages in Expert Report and at Deposition. Signed by Judge Williams.

10-542C • NATALYA HAMPEL V. THE UNITED STATES

Filed 02/18/2011
Pro Se; Lack of Subject Matter Jurisdiction: Medical Malpractice, Negligence, Emotional Injury, Due Process, Equal Protection; Veterans Benefits; Transfer Inappropriate Signed by Judge Damich.

08-357C • MARY E. VERBECK V. UNITED STATES

Filed 02/18/2011
Review of a decision by the Board for Correction of PHS’ Commissioned Corps Records on remand from this court; claim by a uniformed nurse practitioner that she was improperly terminated by the Public Health Service; failure by the Board to consider and apply pertinent regulations; second remand ordered Signed by Judge Lettow.

09-380L • JERRY McGUIRE V. UNITED STATES OF AMERICA

Filed 02/18/2011
Fifth Amendment Taking; Motion to Dismiss, RCFC 12(b)(1) and 12(b)(6); Subject Matter Jurisdiction; Law of the Case, Ripeness; Motion for Summary Judgment, RCFC 56(c) Signed by Judge Futey.

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