USCFC General Jurisdiction-Reported

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11-320C • ANN MARIE WILBURN V. THE UNITED STATES

Filed 10/07/2011
OPINION Signed by Judge Damich.

06-911L • OMAHA TRIBE OF NEBRASKA V. THE UNITED STATES

Filed 10/07/2011
28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct. 1723 (2011); Substantial Overlap in Operative Facts; RCFC 12(h)(3). Signed by Judge Firestone.

11-259C • FRANK PALACIOS V. THE UNITED STATES OF AMERICA

Filed 10/07/2011
Board for Correction of Naval Records; RCFC 12(b)(1); Jurisdictional Effect of Statute of Limitations 28 U.S.C. § 2501; Henderson v. Shinseki, 131 S.Ct. 1197 (2011); John R. Sand & Gravel Co. v. United States,552 U.S. 130 (2008). Signed by Judge Hodges.

09-691C • INTERNATIONAL INDUSTRIAL PARK, INC., et al. V. THE UNITED STATES

Filed 10/07/2011
Barter Contract; Government Construction of Road in Exchange for Easement; Interpretation of Contract; Plain Meaning Rule; Reasonableness; Mutual Assent; Defenses of Rescission, Waiver, and Equitable Estoppel Rejected; Expectancy Damages. Signed by Judge Wheeler.

09-473C • METROPOLITAN VAN AND STORAGE, INC. V. UNITED STATES

Filed 10/06/2011
Equal Access to Justice Act, 28 U.S.C. § 2412; Substantial Justification; Attorneys’ Fees; Costs; Expenses. Signed by Judge Horn.

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

Filed 10/06/2011
Pretrial Proceeding; Disposition of Motions in Limine to Exclude Witnesses and Evidence Signed by Judge Hewitt.

05-411T • PRESIDIO ADVISORS, LLC, NORVEST LTD. V. THE UNITED STATES

Filed 10/06/2011
Partnership tax proceeding; Motion for partial summary judgment; Subchapter S corporation; Qualified Subchapter S subsidiary – 26 U.S.C. § 1361(b)(3)(B); Election to treat subsidiary as a QSub; IRS Notice 97-4; Admission – RCFC 36(b); Admission that S corporation did not own stock of subsidiary on date of election prevented subsidiary from being treated as QSub; Loss deduction based on carry-over basis disallowed; Partial summary judgment granted. Signed by Judge Allegra.

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

Filed 09/29/2011
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review after remand; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I); review of findings of fact by special master. Signed by Judge Miller, C..

10-29L • GEORGE PAUL LENGEN AND ANNA LENGEN V. THE UNITED STATES

Filed 09/28/2011
Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1)(2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

09-839L • KIM GOODMAN V. THE UNITED STATES

Filed 09/28/2011
Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1)(2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

09-838L • RONALD AND CAROLYN MORGAN V. THE UNITED STATES

Filed 09/28/2011
Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

10-616C • ALFREDO SEMPER V. UNITED STATES

Filed 09/27/2011
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Civil Service Reform Act of 1978, Pub. L. No. 95-454; Money-Mandating Statute; Back Pay Act, 5 U.S.C. § 5596; 18 U.S.C. § 3602; 18 U.S.C. § 3672; Due Process Clause Signed by Judge Horn.

11-562C • AKAL SECURITY, INC. V. THE UNITED STATES

Filed 09/27/2011
Memorandum Opinion and Order Issuing a Preliminary Injunction Signed by Judge Braden.

06-910L • NEZ PERCE TRIBE V. UNITED STATES

Filed 09/27/2011
Indian trust claim brought under the Indian Act, 28 U.S.C. § 1505; claim filed in this court prior to filing of related claim in district court; further motion to dismiss by government based upon 28 U.S.C. § 1500; grammatically proper interpretation of “has pending;” Tohono O’odham; Tecon Signed by Judge Lettow.

11-375C • FIRSTLINE TRANSPORTATION SECURITY, INC. V. THE UNITED STATES

Filed 09/27/2011
Post-Award Bid Protest; Best-Value Analysis; Independent Judgment of Source Selection Authority; Inconsistencies between Source Selection Plan and Solicitation; Price Realism; Independent Government Cost Estimate; Inconsistencies between Adjectival Ratings and Narrative Evaluations. Signed by Judge Bush.

11-592C • BRANDON SHANE GRAVATT V. THE UNITED STATES

Filed 09/27/2011
Sovereign Citizen; UCC Financing Statements; Redemption; Express Contract; Implied Contract; 28 U.S.C. § 2042; 31 U.S.C. §§ 1321(b)(1), 1322; Equitable Relief; Frivolous Complaint; Prisoners Must Pay Filing Fee in Full Signed by Judge Sweeney.

97-582C • ALGONQUIN HEIGHTS ASSOCIATES L.P., et al. V. THE UNITED STATES

Filed 09/26/2011
Statute of Limitations; 28 U.S.C. § 2501; Claim Accrual; Regulatory Takings; Emergency Low-Income Housing Preservation Act of 1987; Low-Income Housing Preservation and Resident Homeownership Act of 1991; Takings Claim Accrues on the Date Property Could No Longer Prepay Its Mortgage; Creppel; Alder Terrace, Inc.; Celentano; Royal Manor, Ltd.; Parkwood Associates L.P.; Cienega Gardens; Independence Park Apartments Signed by Judge Sweeney.

11-561C • HILDRA LAVON JONES, III V. UNITED STATES

Filed 09/23/2011
Pro Se; In Forma Pauperis Application; 28 U.S.C. § 1915. Signed by Judge Horn.

99-961C • WHITE BUFFALO CONSTRUCTION, INC. V. THE UNITED STATES

Filed 09/22/2011
Liability, Damages, Bad Faith, Contract, Recoverable Costs, Termination for Convenience,Termination for Default, Conversion, Profit, Contract Dispute Act Interest, Prompt Payment Act Interest, Equal Access to Justice Act Interest Signed by Judge Smith.

11-460C and 11-461C • BLUESTAR ENERGY SERVICES, INC. V. THE UNITED STATES

Filed 09/22/2011
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. No. 109-461, §§ 502-03 (codified at 38 U.S.C. §§ 8127-28 (2006)); service disabled veteran-owned small business set-aside; jurisdiction; standing; futility; mootness. Signed by Judge Miller, C..

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