USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

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

Filed 02/17/2011
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I), findings of fact by special master; Vaccine R. 8(b)(1); Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993); special master’s authority in limine to exclude expert opinions. Signed by Judge Miller, C..

10-676T • JUSTIN SCHLABACH V. UNITED STATES

Filed 02/17/2011
Application for an order restraining collection of a penalty threatened to be Imposed by the IRS; limitation on the equitable powers of the court when exercising jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a); applicability of the Anti-Injunction Act, I.R.C. § 7421(a) Signed by Judge Lettow.

10-465C • JAMES D. FULBRIGHT V. THE UNITED STATES

Filed 02/16/2011
Military pay; disability retirement, 10 U.S.C. § 1201 (2006); motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); Military Pay Act, 37 U.S.C. § 204 (2006); impact of decision on disability claim by first board or court to consider it on the statute of limitations, 28 U.S.C. § 2501 (2006); tolling of Tucker Act statute of limitations. Signed by Judge Miller, C..

10-396C • DGR ASSOCIATES, INC. V. THE UNITED STATES

Filed 02/15/2011
Equal Access to Justice Act, 28 U.S.C. § 2412(d) (2006); Award of Plaintiff’s Attorneys’ Fees, Costs, and Expenses; Government’s Underlying Litigation Position Not Substantially Justified; Cost of Living Adjustment to Statutory Cap. Signed by Judge Wheeler.

04-1366C • SPECTRUM SCIENCES AND SOFTWARE, INCORPORATED V. THE UNITED STATES

Filed 02/14/2011
Government contract; Trial; Breach of Cooperative Research and Development Agreement (CRADA); Damages; Foreseeability; Causation; Reasonable certainty; Consequential damages; Loss of income-producing asset – distinguished from lost profits; First Federal Lincoln Bank; Determination of value of Spectrum’s proprietary information lost as the result of breach; Consideration of procurement contract in setting value; Number of units sold; Sales price; Delivery schedule; Profit margin; Discount factor; Value of lost asset determined; Damages awarded. Signed by Judge Allegra.

08-536L • LOVE TERMINAL PARTNERS, ET AL. V. THE UNITED STATES

Filed 02/11/2011
Failure to State a Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6); Partial Summary Judgment; RCFC 56; Fifth Amendment Taking; Physical and Regulatory Takings; Loretto; Wright Amendment Reform Act of 2006; Ripeness; Williamson County Reg’l Planning Comm’n; Fallini; Omnia Commercial Co.; Objections to Proposed Findings of Fact; Discovery; RCFC 56(f); No Genuine Issue of Material Fact; Judicial Estoppel; Statutory Construction; Canon of Constitutional Avoidance; Unfunded Mandates Reform Act Signed by Judge Sweeney.

09-75L • KLAMATH TRIBE CLAIMS COMMITTEE V. THE UNITED STATES

Filed 02/11/2011
Tribal claims; Motion to dismiss under RCFC 12; RCFC 12(b)(1) – lack of jurisdiction; 28 U.S.C. § 2501 – six-year statute of limitations; Claims arising in 1961 and 1973 held untimely; RCFC 12(b)(6) – failure to state a claim; RCFC 19 – joinder question resolved before reaching merits; RCFC 19(a) – joinder where person’s absence prevents court from according complete relief or where absentee has interest relating to the subject matter of the action; Klamath Tribes required party under RCFC 19(a); Sovereign immunity; Invitation to intervene under RCFC 24. Signed by Judge Allegra.

10-855C • DIGITALIS EDUCATION SOLUTIONS, INC. V. THE UNITED STATES

Filed 02/11/2011
Bid protest; standing; prejudice; “substantial chance”; 10 U.S.C. § 2304; FAR 6.3 Signed by Judge Bruggink.

10-191C • ENVIRONMENTAL SAFETY CONSULTANTS, INC., ET AL., V. THE UNITED STATES

Filed 02/11/2011
Motion to Dismiss; Six-Year Statute of Limitations under the Contract Disputes Act, Pub. L. No. 111-350, § 7103(a)(4)(A) Signed by Judge Hewitt.

**-***V •

Filed 02/11/2011
Review of special master’s decision; National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 et seq.; causation-in-fact; Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005); Hepatitis B vaccination; fibromyalgia; reliance upon contemporaneous medical records; challenge-rechallenge model; special master not bound by his prior decision where facts are different from case at bar Signed by Judge Miller, G..

10-488C • ALBERT L. WILLIS, et al. V. THE UNITED STATES

Filed 02/09/2011
Pro se; Subject Matter Jurisdiction; Motion to Dismiss; Civil Rights Claims; Transfer to Cure Want of Jurisdiction, 28 U.S.C. § 1631 Signed by Judge Damich.

10-432C • HI-TECH BED SYSTEMS, CORP. V. THE UNITED STATES OF AMERICA

Filed 02/08/2011
General Services Administration Federal Supply Schedule; contract administration claim versus bid protest claim; responsibility of agency contracting officer to ensure compliance of GSA FSS contracts; “in connection with” a procurement; protesting a term of a solicitation preaward; Supplementation of the Administrative Record Signed by Judge Baskir.

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