USCFC General Jurisdiction-Reported

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07-816L • THE GEORGE FAMILY TRUST, BY AND THROUGH ITS TRUSTEES, JOHN P. GEORGE, JULIA P. PAPA, AND JERRY GEORGE, TRUSTEES V. THE UNITED STATES

Filed 02/08/2011
Takings claims for flooding and flood damage; showing of causation; summary judgment, RCFC 56(c); inverse condemnation Signed by Judge Miller, C..

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

Filed 02/08/2011
Granting Motion for Reconsideration of Use of Gravity-Adjustment Scales from Joint Database for Certain Koch Transactions Signed by Judge Hewitt.

09-315L • WHISPELL FOREIGN CARS, INC., ET AL. V. THE UNITED STATES

Filed 02/07/2011
Fifth Amendment Rails-to-Trails Takings Claim; Partial Summary Judgment for Defendant; Interpretation of Deeds to Railroad; Deeds Conveyed Title in Fee Simple to Railroad Signed by Judge Hewitt.

10-249C • COMMISSIONING SOLUTIONS GLOBAL, LLC V. THE UNITED STATES

Filed 02/07/2011
Bid Protest; Judgment on the Administrative Record; Past Performance; Best Value; Standing Signed by Judge Damich.

10-249C • COMMISSIONING SOLUTIONS GLOBAL, LLC V. THE UNITED STATES

Filed 02/07/2011
Bid Protest; Judgment on the Administrative Record; Past Performance; Best Value; Standing Signed by Judge Allegra.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P. V. THE UNITED STATES

Filed 02/02/2011
Post-Award Bid Protest; Reconsideration; Rule 54(b); Rule 59; Supplementing the Administrative Record; Allegations of Bad Faith and Bias Signed by Judge Williams.

10-682C • ACROW CORPORATION OF AMERICA V. THE UNITED STATES AND MABEY BRIDGE & SHORE, INC.

Filed 02/02/2011
Post-award protest; 28 U.S.C. § 1491(b)(1) (2006); responsibility determination, 48 C.F.R. (FAR) § 9.103 (2010); motion for injunction pending appeal, RCFC 62(c) Signed by Judge Miller, C..

07-854C • FRANCES L. GREENHILL V. THE UNITED STATES

Filed 01/31/2011
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d); Fees and Expenses “Incurred”; Lack of Substantial Justification for Government’s Position; Absence of Special Circumstances Making an Award Unjust; Fee Reduction for Partial Success; Absence of Special Factors That Would Justify Exceeding Statutory Cap on Hourly Rates; Cost of Living Adjustment; Recovery of Taxable Costs Under 28 U.S.C. § 1920, 28 U.S.C. § 2412(a); Recovery of Expenses Pursuant to EAJA, 28 U.S.C. § 2412(d)(1)(A) Signed by Judge Miller, G..

10-725C • FULCRA WORLDWIDE, LLC. V. THE UNITED STATES

Filed 01/31/2011
Post-Award Bid Protest; Lowest Price Technically Acceptable Source Selection Method; Effect of Significant Price Differences; Allegations of Relaxed or Changed Requirements; Agency Evaluation of Technical Proposals; Price Realism Analysis; Bait and Switch Allegation Regarding Proposed Key Personnel; Supplementing the Administrative Record Signed by Judge Wheeler.

11-46C • WILLIAM PIKULIN V. THE UNITED STATES

Filed 01/31/2011
Summary Dismissal; Frequent Litigant; United States as Defendant; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 454; Bribery; Conspiracy; Obstruction of Justice; Federal Rules of Evidence 603, 801, and 802; Due Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments; 42 U.S.C. §§ 1981, 1983, 1985, 1986; International Agreements; Application to Proceed In Forma Pauperis; Frivolous Complaint Signed by Judge Sweeney.

09-291T • ESTATE OF DAVID RUBINSTEIN V. THE UNITED STATES

Filed 01/31/2011
Discovery Dispute; RCFC 26(b); RCFC 33; Interrogatories; RCFC 34; Requests for Production of Documents; RCFC 26(c); Application for a Protective Order; Motion to Compel; RCFC 37; Tax Refund Claim; 26 U.S.C. § 6511(h); Statute of Limitations; Financial Disability; Revenue Procedure 99-21; Walter; Payment of Reasonable Expenses; Opportunity to Be Heard Signed by Judge Sweeney.

10-125C • CONSTANCE SPEED V. UNITED STATES

Filed 01/28/2011
Alleged breach of settlement agreement; subject matter jurisdiction; claim for damages; lack of juridical power to award specific performance, reinstatement, back pay, or front pay Signed by Judge Lettow.

10-219T • ROBERT COLMAN V. THE UNITED STATES

Filed 01/28/2011
Claim for Reward From IRS for Furnishing Information Leading to Conviction for Embezzlement and False Tax Returns; Rule 12(b)(1) Motion to Dismiss; 26 U.S.C. § 7623; Money-Mandating Source Signed by Judge Wheeler.

05-448C • RAYTHEON COMPANY V. THE UNITED STATES

Filed 01/26/2011
Segment Closing Adjustment; FAR Limitation of Cost and Limitation of Funds Clauses; FAR Funding Requirements; General Release and Waiver of Claims Clauses; Equitable Adjustment Signed by Judge Firestone.

10-183C • BEVERLY A. MARTIN V. THE UNITED STATES

Filed 01/26/2011
Motion to Dismiss; Equal Pay Act; 29 U.S.C. § 206(d); Discrimination; RCFC 8; RCFC 12(b)(6); Converting a Motion to Dismiss into a Motion for Summary Judgment; Sufficiency of Complaint; Leave to Amend Complaint. Signed by Judge Williams.

03-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP V. UNITED STATES

Filed 01/24/2011
RCFC 59 Post-Judgment Reconsideration; Motion to Alter or Amend Judgment; Motion to Reopen Discovery Signed by Judge Horn.

96-166C • ZOLTEK CORPORATION V. THE UNITED STATES

Filed 01/24/2011
Patent infringement; patent invalidity; admissibility of expert testimony; motion for summary judgment; obviousness of patent claims; Graham factual inquiries; reason to combine prior art references; reasonable expectation of success; secondary indicia Signed by Judge Damich.

5-914C • K-CON BUILDING SYSTEMS, INC. V. THE UNITED STATES

Filed 01/24/2011
Motion for Summary Judgment; Contract to Design and Build Prefabricated Building; Enforceability of Liquidated Damages Clause; Challenge to Components of the Liquidated Damages Rate; Personnel Costs; Excusable Delay; Defective Specifications; Critical Path Signed by Judge Sweeney.

07-589C • JEFFREY B. KING, SCOTT A. AUSTIN, KEVIN J. HARRIS, AND JOHN J. HAYS V. THE UNITED STATES

Filed 01/19/2011
Motion for Supplemental Protective Order to Permit Disclosure to Counsel of Documents Related to Terms of Employment of Members of Class of FBI Police Officers; Touhy Regulations Not Relevant to Dispute; Balancing of Interests of Agency and First Amendment Rights of Plaintiffs; Government Must Disclose All Withheld Documents to Court in Camera Signed by Judge Hewitt.

97-340T • WESTERN MANAGEMENT, INC. V. THE UNITED STATES

Filed 01/19/2011
Definition of Employee Under 26 U.S.C. § 3121(d)(1); FICA; FUTA; Method of Accounting Under 26 U.S.C. § 446; Failure to Deposit Penalty Under 26 U.S.C. § 6656; Negligence Penalty Under 26 U.S.C. § 6662; Counterclaim. Signed by Judge Firestone.

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