USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-90C • NATHAN T. MEIDL V. THE UNITED STATES

Filed 08/10/2011
Army Regulation 635-40; Retirement or Separation for Physical Disability, 10 U.S.C. § 1201; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Waiver. Signed by Judge Braden.

11-180C • JACOBS TECHNOLOGY INC. V. THE UNITED STATES

Filed 08/09/2011
Bid Protest; Motion for Judgment on the Administrative Record; Agency's Reprocurement Decisions; Reliance on Contracting Officer's Statements; Organizational Conflict of Interest ("OCI"); Procurement Integrity Act Violation; Appearance of Impropriety; Technical/Management Evaluation; Past Performance Evaluation; Injunctive Relief Signed by Judge Damich.

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

Filed 08/09/2011
Takings Claim for Damages for Erosion Along Eastern Shoreline of Lake Michigan South of St. Joseph Harbor; Whether Trial Evidence Requires Dismissal of Claims for Lack of Jurisdiction; Post-Trial Briefing on Jurisdiction Ordered. Signed by Judge Hewitt.

11-490C • THE GEO GROUP, INC. V. THE UNITED STATES

Filed 08/09/2011
Post-award bid protest; Application for temporary restraining order; Likelihood of success; Procurement Integrity Act inapplicable to situation presented; Organizational Conflict of Interest (OCI) – unequal access to information; No OCI where information obtained by former employee from his former employer; Irreparable injury; Balancing of harms; Public interest; Application denied. Signed by Judge Allegra.

11-400C and 11-416C • JOINT VENTURE OF COMINT SYSTEMS CORPORATION, ET AL. V. THE UNITED STATES

Filed 08/08/2011
RCFC 15(a)(2); Motion for Leave to File Second Amended Complaint; Foman; Zenith Radio Corp.; Fala; Centech Group, Inc.; Amendment Freely Given When Justice Requires Signed by Judge Sweeney.

09-627T • DONALD W. BOENSEL, AS EXECUTOR OF THE ESTATE OF JOHN L. BOENSEL V. THE UNITED STATES

Filed 08/05/2011
Estate Tax; Deposit or Payment of Tax; Facts and Circumstances Surrounding Remittance; Period for Recovering Overpayment, 26 U.S.C. § 6511(b)(2)(A) Signed by Judge Firestone.

08-848C • LUMMI TRIBE OF THE LUMMI RESERVATION, ET AL., V. THE UNITED STATES

Filed 08/04/2011
Claims for recovery of grant funds under the Native American Housing Assistance and Self-Determination Act, 25 U.S.C. §§ 4101–4212: (1) effect of pendency of claims in another court under 28 U.S.C. § 1500; (2) jurisdiction of the Court of Federal Claims under a money-mandating source of law; (3) authority to declare a regulation invalid; (4) application of 25 U.S.C. § 4161; (5) application of the Anti-Deficiency Act, 31 U.S.C. § 1341; (6) operation of the statute of limitations under 28 U.S.C. § 2501. Signed by Judge Wiese.

09-275V • PAUL GRIGLOCK, executor of the estate of SOPHIE GRIGLOCK, deceased V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 08/03/2011
Vaccine Case; Damages; Vaccine-related Injury, Vaccine-related Death; Statute of Limitations; Statutory Interpretation; Plain Meaning; 42 U.S.C. § 300aa-15(a); 42 U.S.C. § 300aa-16(a); Zatuchni; Influenza Vaccine; Guillain-Barré Syndrome Signed by Judge Hodges.

07-154C • NORMAN H. COHEN, Ed.D. V. THE UNITED STATES

Filed 08/03/2011
Motion to Strike; Motion for Partial Summary Judgment; Copyright Infringement; Actual Damages; Statutory Damages Signed by Judge Hewitt.

10-51C • NORMANDY APARTMENTS, LTD. V. THE UNITED STATES

Filed 08/02/2011
Contract case; Motion to dismiss for lack of jurisdiction under RCFC 12(b)(1); Judicial estoppel; Position taken by government in district court case not clearly inconsistent with current position and did not mislead other courts; Privity of contract lacking; Argument that state agency was agent of HUD rejected; Amendment of complaint under RFCF 15; Futility; Plaintiff permitted to amend complaint to raise regulatory takings argument. Signed by Judge Allegra.

11-71C • JAMES M. LEWIS V. THE UNITED STATES

Filed 08/01/2011
Defense Officer Personnel Management Act, Pub.L. No. 96-513, § 105; Tucker Act, 28 U.S.C. § 1346(a)(2); Pay Act, 37 U.S.C. § 204; To Dismiss, RCFC 12(b)(1), (6); Pro Se; (SECOND) OF JUDGMENTS, §§ 24, 70; of Limitations, 28 U.S.C. §§ 2401(a), 2501; Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

04-118C • ROCHESTER GAS AND ELECTRIC CORP., ET AL. V. THE UNITED STATES

Filed 07/29/2011
Contracts; Nuclear Waste Policy Act; spent nuclear fuel; damages; unavoidable and avoidable delays clauses Signed by Judge Margolis.

05-1119L • ST. BERNARD PARISH GOVERNMENT AND OTHER OWNERS OF REAL PROPERTY IN ST. BERNARD PARISH OR THE LOWER NINTH WARD OF THE CITY OF NEW ORLEANS V. THE UNITED STATES

Filed 07/29/2011
Motion to Stay Proceedings; Pendency of Claims in Other Courts, 28 U.S.C. § 1500 Signed by Judge Braden.

11-467C • RICHARD R. SMITH V. THE UNITED STATES

Filed 07/26/2011
Sua Sponte Dismissal Pursuant RCFC 12(h)(3) for Lack of Matter Jurisdiction Signed by Judge Hewitt.

11-258C • BOAZ PLEASANT-BEY V. THE UNITED STATES

Filed 07/26/2011
Motion to Dismiss; In Forma Pauperis; Prisoner; Appointment of Counsel; Lack of Jurisdiction: Torts, 13th Amendment, 14th Amendment, Civil Rights, Non-Monetary Relief; Transfer Inappropriate Signed by Judge Damich.

11-353C • OUTDOOR VENTURE CORP. V. THE UNITED STATES

Filed 07/25/2011
Post-Award Bid Protest; Awardee Lacks Standing to Bring a Bid Protest Action; Effect of Failure Timely to Request Reconsideration of SBA Size Determination Signed by Judge Hewitt.

00-703C • POWER AUTHORITY OF THE STATE OF NEW YORK V. THE UNITED STATES

Filed 07/25/2011
Spent Nuclear Fuel; Proposed Offset for Cask Loading Costs; Avoided of Deferred Costs; Summary Judgment; Assignment of Standard Contract; Future Costs Speculative Signed by Judge Damich.

07-456V • W. C. V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/22/2011
Vaccine case; off-table claim involving sclerosis allegedly caused flu vaccine; alternative significant-off-table claim; entitlement statutory criteria for redaction of or medical files and information; invasion of privacy Signed by Judge Lettow.

11-400C • JOINT VENTURE OF COMINT SYSTEMS CORPORATION AND EYEIT.COM, INC. V. THE UNITED STATES

Filed 07/22/2011
Postaward Bid Protests; 28 U.S.C. § 1491(b); Motions to Compel Supplementation of the Agency Assembled Record in Order to Require Agency to Produce Complete Record; Motions to Dismiss Untimely Protest Grounds; Axiom Resource Management, Inc.; Difference Between Supplementing and Completing an Agency Record; “Core Documents” Relevant to Protest; RCFC Appendix C § 7, ¶¶ 22-23; Meaningful Judicial Review Premised Upon Complete Record of Agency’s Procurement; Linc Government Services, LLC; Agency Cannot Limit Record to Materials It Deems Relevant; Exxon Corp.; Internal Deliberative Documents Excluded Absent Allegations of Bad Faith Signed by Judge Sweeney.

02-1282C • NCLN20, INC. V. THE UNITED STATES

Filed 07/21/2011
Contracts; Affirmative Defense, RCFC 8(c); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-13, 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulation, 48 C.F.R. §§ 14.407-3(a) (mistake in bid), 14.407-3(g)(2) (verified bid), 14.408-1 (method of contract award), 49.402-3(j) (failure to perform may be excusable), 52.214-10 (contract award—sealed bidding), 52.249-8 (default termination and notice to cure), 52.449-8(c) (extraordinary condition where contractor is not liable for excess costs); Interest On Disputed Amount Due Contractor, 41 U.S.C. § 611; Michigan Private Security Guard Licenses, Mich. Comp. Law §§ 338.1053, 338.1065; Motion In Limine; Prompt Payment Act, 31 U.S.C. §§ 3901-07; Qualifying Small Business, 13 C.F.R. § 124.108; Request for Equitable Adjustment; Small Business Act of 1958, 15 U.S.C. § 637(a)(1)(C) (2006) (contract award to small business owned and controlled by socially and economically disadvantaged individuals); Restatement (Second) of Contracts § 251(2) (1981). Signed by Judge Braden.

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