USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-786L • SACRAMENTO GRAZING ASS’N, INC., et al., v. THE UNITED STATES,

Filed 11/01/2010
Certification Order, N.M. R. App. P. 12-607; Declaration of Water Right Ownership, N.M. Stat. Ann. § 72-1-3; Endangered Species Act, 16 U.S.C. § 1531, et seq.; Mining Act of 1866, 43 U.S.C. § 661; Motion for Summary Judgment, RCFC 56(c); NEW MEXICO CONSTITUTION, art. XVI, § 3; Physical or Per Se Taking; Property Right; Range Stock Water Rights, N.M. Stat. Ann. § 19-3-13; Regulatory Taking; Riparian Exclosures; Standing; Statute of Limitations, 28 U.S.C. § 2501; UNITED STATES CONSTITUTION amend. V; 43 U.S.C. § 1752(g); RCFC 8(d)(1) Signed by Judge Braden.

10-599C • PYRAMID REAL ESTATE SERVICES, LLC, v. THE UNITED STATES, and MATT MARTIN REAL ESTATE MANAGEMENT, LLC, Defendant-Intervenor, and HOMETELOS, LP, Defendant-Intervenor

Filed 11/01/2010
Post-Award Bid Protest; Challenges to Evaluation of Price and Technical Factors Signed by Judge Hewitt.

06-635C • EDGE CONSTRUCTION COMPANY INC. V. THE UNITED STATES

Filed 10/29/2010
Breach of Contract; Motion for Summary Judgment; Contract Changes (FAR 52.243-4); Equitable Adjustments; Reasonable Approximation of Costs; Contract Interpretation; Unusually Severe Weather; Extension of Time; Lost Productivity; Termination for Default (FAR 52.249-10); Extension of Contract Completion Date; Time Remaining for Performance Signed by Judge Damich.

04-1041V • JENNIFER STONE AND GARY STONE PARENTS AND NEXT FRIENDS OF AMELIA STONE, A MINOR V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 10/28/2010
Vaccine Act; Dravet Syndrome; factor unrelated to the administration of the vaccine; correct legal standard; sole or principal cause. Signed by Judge Margolis.

08-676C • AMERICOPTERS, LLC, v. THE UNITED STATES,

Filed 10/28/2010
Fifth Amendment Taking; authorization; agency authority; internal delegation of agency authority; scope of employee’s authority; ratification Signed by Judge Bruggink.

09-038C • KENNEY ORTHOPEDIC, LLC, v. THE UNITED STATES,

Filed 10/26/2010
Discovery Disputes; Motion to Compel; Motion For Default Judgment; RCFC 26, 30, 34, 37 Signed by Judge Braden.

10-496C • ANGELICA TEXTILE SERVICES, INC., v. UNITED STATES,

Filed 10/26/2010
Protest of procurement actions taken by a contracting officer of the Department of Veterans Affairs; jurisdiction under the third prong of 28 U.S.C. § 1491(b)(1); extension of an existing contract under FAR § 52.217-8; implementation of the Veterans Benefits, Health Care, and Information Technology Act of 2006; priority of competing federal contracting preferences; equitable relief Signed by Judge Lettow.

10-511C • WESTON SOLUTIONS, INC., v. THE UNITED STATES,

Filed 10/25/2010
Bid Protest; Brooks Act, 40 U.S.C. §§ 1101-1104 (2006); Objection to Synopsis Barred Under Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007); Unexplained Discrepancies in the Record Must be Clarified by Agency; Partial Injunction During Remand to Clarify Ambiguities in the Record and Provide a Final Ranking Signed by Judge Firestone.

10-191C • ENVIRONMENTAL SAFETY CONSULTANTS, INC., ET AL., v. THE UNITED STATES,

Filed 10/21/2010
Motion to Dismiss; Contract Disputes Act; Punitive Damages; Prompt Payment Act; Takings Clause Signed by Judge Hewitt.

10-121C • MICHAEL C. MCDERMOTT, v. THE UNITED STATES,

Filed 10/21/2010
Military pay; motion to dismiss under RCFC 12(b)(1) for lack of subject matter jurisdiction based on justiciability; mootness doctrine; exceptions to mootness doctrine Signed by Judge Miller, C..

10-458C • PMTECH, INC., v. THE UNITED STATES,

Filed 10/20/2010
Challenge to Override of Automatic Stay pursuant to the Competition in Contracting Act (CICA), 31 U.S.C. § 3553(2006) Signed by Judge Bush.

10-339C • CRASSOCIATES, INC., v. THE UNITED STATES, and SPECTRUM HEALTHCARE RESOURCES, INC., Defendant-Intervenor

Filed 10/20/2010
Post-award bid protest; Cross-motions for judgment on the administrative record; Standard of review; 48 C.F.R. § 52.222-46 – failure to comply with professional services clause; Probative weight to be given contracting officer’s statement before the GAO; Price realism analysis; Technical evaluation; Inclusion of price information in the technical proposals; Staffing plan factor – failure to provide adequate explanation for weakness and adjectival rating; Facility layout factor – unequal treatment of offerors; Responsibility determination – reliance on “current” information; Organizational conflict of interest; Prejudice; Injunctive factors analyzed; Injunction warranted Signed by Judge Allegra.

08-757C • UNITED CONSTRUCTORS, LLC, v. THE UNITED STATES,

Filed 10/18/2010
Type I differing site condition claim; FAR 52.236-2(a); implied representation by Forest Service of actual site condition; foreseeability by contractor of actual site condition; constructive acceleration claim Signed by Judge Miller, G..

10-310C • SRIDAT S.R.S. CHINSAMMY V. UNITED STATES

Filed 10/14/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Patent Infringement Claim, 28 U.S.C. § 1498; Unissued Patent Signed by Judge Horn.

03-1242C • UNITED PARTITION SYSTEMS, INC., v. UNITED STATES,

Filed 10/12/2010
Application for attorneys’ fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); justification for government’s posture in the case; fees; expenses Signed by Judge Lettow.

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

Filed 10/12/2010
Subject Matter Jurisdiction; Coverage of Contract Disputes Act; Failure to Submit Claim to Contracting Officer; Definition of “Procurement;” Exemption for “Real Property in Being.” Signed by Judge Wheeler.

09-642C • THE MARQUARDT COMPANY, v. THE UNITED STATES,

Filed 10/08/2010
Motion to Dismiss Claims for Interest Under the Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), and the Prompt Payment Act, 31 U.S.C. §§ 3901-07 (2006), and Related Claims for Declaratory Relief Signed by Judge Hewitt.

07-248C • MELISSA ADDE V. THE UNITED STATES

Filed 10/07/2010
Civilian Pay; Special Salary Schedule pursuant to 38 U.S.C. § 7451 (2006), 42 U.S.C. § 284c(b) (2006), and Delegation Agreement between OPM and DHHS; Counterclaim for Salary Overpayment, 28 U.S.C. §§ 1503, 2508 (2006); Post Allowance for Overseas Work Station, 5 U.S.C. § 5924(1) (2006); Department of State Standardized Regulations § 220. Signed by Judge Bush.

07-678C • SYSTEM PLANNING CORPORATION V. THE UNITED STATES

Filed 10/06/2010
28 U.S.C. § 2501, the Six-Year Statute of Limitations Applicable to Tucker Act Claims, Does Not Apply to Claims Brought Pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006 Signed by Judge Hewitt.

10-535C • DCS CORPORATION V. THE UNITED STATES AND SURVICE ENGINEERING CORP.

Filed 10/05/2010
Post-award procurement protest; Past performance ratings; Best value award. Signed by Judge Merow.

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