USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 2 hours 37 min ago
General Jurisdiction (Reported)
General Jurisdiction (Unreported)
Vaccine (Reported)
Vaccine (Unreported)
Keywords:
Start date:
End date:

X

There are four categories on the left side of the search bar, each with a check box. The currently visible cateogry is highlighted yellow. To search multiple categories at once, place a check mark next to each desired category. Note if none are selected, the search will default to all categories. You must select additional search parameters (keyword, judicial officer, date range) if you specify a case category.

To search for specific words, enter one or more keywords in the search term box, then click the Search button. To search for a phrase, enclose it in quotes, "like this." Keywords and search terms are not case sensitive. You do not need to use wildcards.

To search by case number, enter the case number in xx-yyy format in the keywords box. The first two digits before the dash are the year in which the case was opened. If this year is 2000 through 2009, include the leading zero for best results.

To search by judicial officer (a particular judge or special master), click the drop-down menu "(judicial officer)" then make your selection from the list. If you decide to not search for a specific judicial officer, choose "(judicial officer)" from the list.

Dates are expected to be month/day/year format, also known as mm/dd/yyyy format. If you use a dash/hyphen as the separator, the search engine will expect the date to be in yyyy-mm-dd format (in other words, the year comes first; this is the European format).

Search results will have relevant terms highlighted so you can see why a particular item appears in the results. Note: Results are limited to 500 items; if your search returns 500 items, try adjusting it to get more specific results.

To clear your search results and view posted opinions, click on one of the category labels.

To close this help text, click on the Help! button again, or click the blue X in the upper right corner of this box.

03-2627C • ENTERGY NUCLEAR FITZPATRICK, LLC, ET AL. V. THE UNITED STATES

Filed 07/21/2011
Spent Nuclear Fuel; Proposed Offset of Cask Loading Costs; Avoided or Deferred Costs; Future Costs Speculative Signed by Judge Damich.

11-276C • UNITED CONCORDIA COMPANIES, INC. V. THE UNITED STATES

Filed 07/20/2011
Post-Award Bid Protest; Comparative Assessment of Proposals; FAR 15.305; FAR 15.308; Proposal Risk; Past Performance Signed by Judge Bruggink.

11-397C • MICHAEL PHILLIP TELEMAQUE V. THE UNITED STATES

Filed 07/20/2011
Motion for Reconsideration; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915(b)(1)-(2); Prisoners Must Pay Filing Fee in Full Signed by Judge Sweeney.

08-536L • LOVE TERMINAL PARTNERS, L.P., et al. V. THE UNITED STATES

Filed 07/18/2011
Motion for Clarification; Notice to an Interested Party; RCFC 14(b)(1); Res Judicata; Indemnification; Motion for Reconsideration; RCFC 59; Caldwell; Four Rivers Investments, Inc. Signed by Judge Sweeney.

99-589V • JENNIFER LOCANE V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/15/2011
National Childhood Vaccine Injury 42 U.S.C. §§ 300aa-1 - 300aa-34 petition for review; proof of in fact or significant 42 U.S.C. § 300aa-c)(1)(C)(ii)(I); findings of fact by master, 42 U.S.C. § 300aa-d)(3)(A)(I); hepatitis B vaccination; onset of Crohn’s disease; whether of proof of onset of illness administration of vaccine is to omit causation analysis Althen v. Sec’y of Health & Servs., 418 F.3d 1274 (Fed. 2005); Vaccine R. 8(b)(1). Signed by Judge Miller, C..

07-591C • BRIAN LEWIS V. UNITED STATES OF AMERICA

Filed 07/15/2011
Pro se Plaintiff; Motion for Reconsideration; RCFC 59(a); Motion to Alter or Amend a Judgment; RCFC 59(e); Review of Decision of Board for Correction of Naval Records; Chambers v. United States, 417 F.3d 1218, 1227 (Fed. Cir. 2005) Signed by Judge Hodges.

10-775C • JAMES FRANK WHITING SR. V. THE UNITED STATES

Filed 07/13/2011
Pro se; Lack of Subject Matter Jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(1); Indian Tucker Act, 28 U.S.C. § 1505; Statute of Limitations, 28 U.S.C. § 2501; Dismissal for Failure to Prosecute, Rule 41(b) Signed by Judge Damich.

11-299C • CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. V. THE UNITED STATES

Filed 07/13/2011
Bid Protest; Required Competition for Contracts of Unusual and Compelling Urgency; 10 U.S.C. § 2304(e); FAR 6.302-2(c)(2); Mootness Doctrine Exception for Circumstances That Are Capable of Repetition, Yet Evading Review; Delay in Public Notification of Sole Source Award; FAR 6.305(b); FAR 1.102-2(b). Signed by Judge Wheeler.

11-230C • DAVID PAUL BRAHO V. NOT IDENTIFIED

Filed 07/11/2011
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Tort Claims; Claims of Criminal Conduct Signed by Judge Horn.

07-170V • SCOTT HAMMITT, et al. v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/08/2011
Vaccine Act; Severe Myoclonic Epilepsy of Infancy; Off-Table Injury; Burden of Proof; Factor Unrelated; Evidence of Brain Damage. Signed by Judge Wheeler.

08-758C • ROGER A. HOUSE V. THE UNITED STATES

Filed 07/08/2011
Military pay case; Motion to dismiss or, in the alternative, for judgment on the administrative record; Wrongful conviction; Military Pay Act – money-mandating statute; Voluntary vs. involuntary separation; Presumption of voluntariness – rebuttable where coercion; Role of wrongful conduct; Roskos; Christie – three-part coercion test; Even where wrongful conduct, claimant must show he had no choice but to resign or retire; Resignation voluntary; Back pay based upon promotion; No automatic promotion under 10 U.S.C. § 624(d); Lewis and Dysart applied; Relief denied. Signed by Judge Allegra.

09-454C • JOYCE TERRY, D/B/A SHIRT SHACK V. THE UNITED STATES

Filed 07/08/2011
Subject Matter Jurisdiction; 28 U.S.C. § 1491(a); Implied-in-Fact Contract for Fair and Honest Consideration of Proposal; Non-Appropriated Fund Instrumentality; Concession Contract Not Covered Under Contract Disputes Act of 1978 (“CDA”); 41 U.S.C. § 602(a); Exhaustion of CDA’s Administrative Remedies Not Applicable Signed by Judge Sweeney.

10-193C • SHARON RAULERSON, ET AL. V. THE UNITED STATES OF AMERICA

Filed 07/07/2011
Takings; the Trails Act; appropriate measure of just compensation Signed by Judge Margolis.

10-404T • THOMAS I. AMSINGER, PRO SE V. THE UNITED STATES

Filed 07/07/2011
Tax; 26 U.S.C. § 7623 (2006); Reward Claim; Allegation of an Implied Contract; Failure to State a Claim Signed by Judge Bush.

09-351C • KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES

Filed 07/06/2011
Contracts; motion to dismiss pursuant to RCFC 12(b)(6) for failure to state a claim; Government affirmative defense and counterclaims in fraud; affirmative defense that claim unrecoverable because of “taint” of kickbacks; counterclaim for forfeiture under the Special Plea in Fraud (the Forfeiture of Fraudulent Claims Act), 28 U.S.C. § 2514 (2006); counterclaim under the Anti-Kickback Act, 41 U.S.C. §§ 53, 55 (2006); counterclaim under the False Claims Act, 31 U.S.C. § 3729(a)(1) (2006); counterclaim for common-law fraud (rescission and disgorgement); motion to dismiss pursuant to RCFC 9(b) for failure to properly plead fraud. Signed by Judge Miller, C..

11-4C • PATRICIA HOAG V. UNITED STATES

Filed 07/06/2011
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Breach of Contract; Equitable Relief; Declaratory Judgment Act, 28 U.S.C. § 2201 Signed by Judge Horn.

10-680 • INDIAN HARBOR INSURANCE CO. V. THE UNITED STATES

Filed 07/05/2011
Statutory interpretation; Section 330 of the National Defense Authorization Act of 1993; Base Realignment and Closure; environmental contamination; indemnification Signed by Judge Bruggink.

11-396C • THE YISRA'EL NATION V. THE UNITED STATES

Filed 07/01/2011
Pro Se Complaint for Damages Against the Commonwealth of Kentucky, County of Shelby; Dismissal for Want of Jurisdiction Signed by Judge Hewitt.

10-92 • M.E.S., INC. V. THE UNITED STATES

Filed 06/30/2011
Ancillary Jurisdiction; Equitable Relief, 28 U.S.C. § 1491(a)(2); Intervention of Right, RCFC 24(a)(2); Miller Act, 40 U.S.C. § 3131; Preliminary Injunction and Temporary Restraining Order, RCFC 65. Signed by Judge Braden.

10-60C • LISA ADAMS, ET AL. V. THE UNITED STATES

Filed 06/30/2011
Civilian Pay; Caregivers and Veterans Omnibus Health Services Act of 2010, Pub. L. No. 111-163, 124 Stat. 1130; Cross-Motions For Summary Judgment, RCFC 56; Frivolous Arguments, RCFC 11(b)(2); Pay with Leave, 5 U.S.C. §§ 6303 (annual accrued leave), 6307 (sick leave), 6322 (court leave), 6323 (military leave); Premium Weekend Pay, 38 U.S.C. §§ 7453 (nurses), 7454(b)(2) (hybrids), 7454(b)(3) (civil service employees); Veterans Health Administration Employees, 38 U.S.C. §§ 7401(1) (nurses), 7401(3) (hybrids), 7408(a) (civil service employees); Title 5 Employees, 5 U.S.C. §§ 5595 (severance pay), 8101-8193 (work injury pay), 8301-8351 (retirement pay), 8401-8480 (retirement pay), 8701-8716 (life insurance). Signed by Judge Braden.

Pages