USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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01-568L • SHELDON PETERS WOLFCHILD, ET AL. V. UNITED STATES

Filed 12/21/2010
Indian monetary claims based upon the Sioux Treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863, and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; subject matter jurisdiction based upon the Indian Tucker Act, 28 U.S.C. § 1505; amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); applicability of Indian Trust Accounting Statute to toll statute of limitations; partial summary judgment Signed by Judge Lettow.

10-256C • VALLEY REALTY COMPANY V. UNITED STATES

Filed 12/20/2010
Cross-Motions for Summary Judgment; Breach of Contract; Ambiguity; Contra Proferentem Signed by Judge Horn.

10-366C • DAVID TOON V. THE UNITED STATES

Filed 12/20/2010
Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Motion to Dismiss; RCFC 12(b)(6); Motion for Preliminary Injunction; RCFC 9(k); Military Retirement Pay; 10 U.S.C. § 1174; Special Separation Benefit; 10 U.S.C. § 1174a; Judgment Upon the Administrative Record; RCFC 52.1 Signed by Judge Sweeney.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

07-273L, 07-426L, 08-198L, 10-187L, 10-200L • STEPHEN J. ROGERS, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Fifth Amendment Taking; Motion for Judgment on the Pleadings; Rule 12(c); Standing; Jurisdiction; Rule 12(b)(1); Distinction Between Motion for Judgment on the Pleadings and Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Williams.

04-1733C • 120 DELAWARE AVENUE, LLC. V. THE UNITED STATES

Filed 12/20/2010
Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Taking; Inverse Condemnation; Physical Taking; Regulatory Taking; Temporary Taking; Partial Taking; Distinction between Taking and Tort; Sufficiency of Pleadings; Just Compensation; Fair Rental Value. Signed by Judge Williams.

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

Filed 12/17/2010
Post-award bid protest, 28 U.S.C. § 1491(b)(1) (2006); supplementation of administrative record with documents that protester contends contracting officer should have considered in making responsibility determination; inclusion of Government Accountability Office decision and record before the GAO in the administrative record, 31 U.S.C. § 3556 (2006); RCFC App. C ¶¶ VII. 22(u), 23. Signed by Judge Miller, C..

10-532C • RUDOLPH RESENDEZ JR. V. UNITED STATES

Filed 12/17/2010
Relevance of the Prison Litigation Reform Act to a state prisoner’s request to file a complaint in forma pauperis; 28 U.S.C. § 1915; inapplicability of the three-strike rule; 28 U.S.C. § 1915(g); absence of a certified trust fund account statement; 28 U.S.C. § 1915(a)(2); frivolous claims Signed by Judge Lettow.

10-152L • NATIONAL FOOD & BEVERAGE CO., INC. V. UNITED STATES

Filed 12/16/2010
Takings claim arising from government’s removal of clay From plaintiff’s property to repair levees damaged by Hurricane Katrina; motion to dismiss; RCFC 12(b)(6); motion to stay Signed by Judge Lettow.

07-579C • BLR GROUP OF AMERICA, INC. V. THE UNITED STATES

Filed 12/16/2010
Motion for Reconsideration; Jurisdiction; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Performance Evaluation; Definition of Claim; Intent to Assert a Claim; Facts Surrounding Purported Assertion of a Claim; Reflectone; Transamerica Insurance Corp. Signed by Judge Sweeney.

10-154C • YRC, INC, SUCCESSOR-IN-INTEREST TO YELLOW TRANSPORTATION, INC. V. THE UNITED STATES

Filed 12/16/2010
Authority to Contract; Breach of Express or Implied-In-Fact Contract; Contract Disputes Act, 41 U.S.C. §§ 601-613; Marine Corps Order P7010.20 ¶ 1004-1; Motion For Summary Judgment,RCFC 56(c); Privity of Contract; Standing Signed by Judge Braden.

08-70C • HIGHQBPO, LLC V. THE UNITED STATES

Filed 12/16/2010
Substitution of Chapter 11 Plan Trustee as Plaintiff under Rule 25 of the Rules of the United States Court of Federal Claims Signed by Judge Hewitt.

03-103V • TODD SIMANSKI ANDJULIA SIMANSKI, AS PARENTS OF OLIVIA ANNE SIMANSKI, A MINOR, V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/15/2010
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review; dismissal ordered by special master for failure to comply with an order requiring supple- mentation of expert opinion; relaxed adversarial system under Vaccine Act; whether § 300aa-12(d)(3)(B) authorizes fact finding by special master without submissions by both parties; review by United States Court of Federal Claims. Signed by Judge Miller, C..

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

Filed 12/15/2010
Bid Protest; Motion to Supplement the Administrative Record; Axiom Res. Mgmt., Inc.; Esch; Evidence Related to Bias or Bad Faith; Beta Analytics Int'l, Inc.; Info Tech. & Appliances Corp.; Failure to Plead Bias or Bad Faith by Contracting Officer; Fed. R. Evid. 701; Opinion Testimony; Best Evidence Rule; Fed. R. Evid. 1002; "Meaningful Judicial Review" Signed by Judge Sweeney.

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

Filed 12/15/2010
Post-Award Bid Protest; Army and Air Force Exchange Service; Non-Appropriated Fund Instrumentalities; 28 U.S.C. § 1491(a); Implied-in-Fact Contract Jurisdiction; 28 U.S.C. § 1491(b); "Federal Agency"; 28 U.S.C. § 451; Jurisdiction; RCFC 12(b)(1); Perkins; Administrative Procedure Act, 5 U.S.C. §§ 701-706; Scanwell; W.B. Fishburn Cleaners, Inc.; Ellsworth Bottling Co.; MCI Telecommunications Corp.; Administrative Dispute Resolution Act of 1996; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Submission of a "Claim" to the Contracting Officer; Failure to Allege Bias/Bad Faith Signed by Judge Sweeney.

09-476C • PLANETSPACE INC. V. UNITED STATES OF AMERICA, SPACE EXPLORATION TECHNOLOGIES CORPORATION, AND ORBITAL SCIENCES CORPORATION

Filed 12/14/2010
Post-Award Bid Protest; Trade-off Analysis; Contractor Responsibility; Remand to Agency Signed by Judge Block.

10-708C • HARRIS PATRIOT HEALTHCARE SOLUTIONS, LLC. V. THE UNITED STATES AND STANLEY ASSOCIATES, INC.

Filed 12/14/2010
Competition in Contracting Act (“CICA”), 31 U.S.C. § 3553(d); Automatic Stay; Override of CICA Stay; Mootness; Voluntary Cessation Doctrine; Ripeness; Agency’s Corrective Action; GAO Dismissal of Protest as Academic; Scope of Agency’s Duty to Maintain “Status Quo” Pending Challenge to Award; Government Furnished Equipment; Government Furnished Information; Stay of Action; Retention of Jurisdiction. Signed by Judge Miller, G..

10-472C • KENNETH WAYNE FOR MYHUB GROUP LLC, REAL PARTY IN INTEREST, AND CHRISTIAN OESCH, PRO SE V. THE UNITED STATES

Filed 12/10/2010
Pro se complaint; jurisdiction; unlawful taking stemming from civil forfeiture under Civil Asset Forfeiture Reform Act of 2000, 18 U.S.C. § 981(a)(1)(A), (C)(2006); jurisdiction under 28 U.S.C. § 1355(a), (c)(2006), over actions involving civil forfeitures brought under 18 U.S.C. § 981; transfer statute, 28 U.S.C. § 1631 (2006). Signed by Judge Miller, C..

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