USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-675C • MADISON SERVICES, INC., v. UNITED STATES OF AMERICA,

Filed 09/13/2010
Bid protest; Rule 60(b)(2); Rule 60(b)(3); Fraud or misrepresentation; Newly discovered evidence; Presumption of regularity and good faith; Post-judgment discovery Signed by Judge Block.

10-547C • THE SHERIDAN CORPORATION, v. THE UNITED STATES, and JCN CONSTRUCTION COMPANY, INC., Defendant-Intervenor

Filed 09/13/2010
Bid Protest; Improper Corrective Action Following GAO Protest; Improper Use of Competitive Range; FAR 15.306(c); Request For Revised Proposals Where Agency Requirements Are Unchanged; Impermissible Auction Through Price Disclosure; Preliminary Injunction Signed by Judge Wheeler.

10-357C • LATONYA CHIREE MOORE, v. UNITED STATES,

Filed 09/10/2010
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Tort Claims; Civil Rights; Injunctive Relief Signed by Judge Horn.

03-1753V • TIM HOKKANEN and NANCY HOKKANEN as parents and natural guardians on behalf of their minor son, ANDREW HOKKANEN, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 09/08/2010
Vaccine Act; Motion for Review; Non-Table Injury; Statute of Limitations; Stay of Proceedings; 42 U.S.C. § 300aa-16(a)(2) Signed by Judge Block.

98-126C • YANKEE ATOMIC POWER COMPANY, v. THE UNITED STATES,

Filed 09/07/2010
Spent nuclear fuel; decision on remand; net or incremental costs; mandate and preclusion principles Signed by Judge Merow.

10-319C • CERES GULF, INC., v. UNITED STATES,

Filed 09/07/2010
Pre-award Bid Protest; Subject Matter Jurisdiction; Ripeness; Lack of Meaningful Discussions; Army’s Corrective Action Following GAO Protest; Amendment to Solicitation; Solicitation of Revised Proposals Signed by Judge Wheeler.

09-442C • RICKIE J. YOUNG, v. THE UNITED STATES,

Filed 09/07/2010
Motion for Reconsideration, RCFC 59(a); Motion for Relief From Judgment, RCFC 60(b); Recoupment of Separation Pay, 10 U.S.C. § 1174(h)(2); Statute of Limitations, 28 U.S.C. § 2501; Issue Preclusion; Sua Sponte Raising of Jurisdiction; Lack of Oral Argument; Transfer, 28 U.S.C. § 1631 Signed by Judge Sweeney.

Nos. 02-1916T, 02-1917T, 02-1918T, 02-1919T, 02-1920T, 02-1921T, 02-1922T, 02-1923T, 02-1924T, 02-1925T • CENCAST SERVICES, L.P., et al., v. THE UNITED STATES,

Filed 09/03/2010
Tax refund suit; divisible tax and requirement to pay as prerequisite to refund suit; doctrine of variance; setoffs and counter-setoffs in tax refund cases; waiver of regulatory specificity requirement; informal claim doctrine; spoliation; adverse inference sanction; supplemental allegations to cure jurisdictional defect; motion for leave to file a consolidated, amended and supplemental complaint; futility of permitting amendment of complaint to assert independent contractor theory; illegal exaction; presumption of correctness of tax assessment; “naked” tax assessment; burden of proof in tax refund cases Signed by Judge Miller, G..

09-108 T • AMERGEN ENERGY CO., LLC, by and through EXELON GENERATION CO., LLC, tax matters partner, v. THE UNITED STATES,

Filed 09/01/2010
Tax Claim; RCFC 36(a)(6); Motion Regarding the Sufficiency of an Answer or Objection to Requests for Admission; Irrelevance of Private Letter Rulings Issued to Other Taxpayers Signed by Judge Bush.

09-832C • RAM ENERGY, INC., v. THE UNITED STATES,

Filed 08/31/2010
Offshore oil and gas lease;Motion to dismiss; RCFC 12(b)(1); Statute of Limitations; Restitution; Accrual suspension doctrine; "Inherently unknowable" Signed by Judge Bruggink.

09-268C • PETER C. NWOGU, d/b/a, ENVIRONMENTAL SAFETY CONSULTANTS, INC., v. UNITED STATES,

Filed 08/30/2010
Jurisdiction; Contract Disputes Act; Board of Contract Appeals; Election of Forum; Setoff; Civil Rights; Quantum Meruit; Punitive Damages; Fifth Amendment Taking Signed by Judge Horn.

XX-XXXV • JANE DOE 60, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 08/30/2010
Motion for Review of Special Master’s Decision; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-1, et seq.; Hepatitis B Vaccine; Transverse Myelitis, Chronic Fatigue Syndrome, Systemic Lupus Erythematosus; Preponderance of the Evidence Signed by Judge Horn.

07-861C • WYOMING SAWMILLS, INC., v. THE UNITED STATES,

Filed 08/26/2010
Motion For Summary Judgment,RCFC 56(c); National Forest Management Act of 1976,16 U.S.C. § 472a; 36 C.F.R. § 223.52(a)(1), (b)(2), (b)(3), (c) Signed by Judge Braden.

09-702T • ESTATE of MICHAEL ORLANDO, v. THE UNITED STATES,

Filed 08/26/2010
Motion to Dismiss RCFC 12(b)(1);Timeliness of Action Challenging a Tax Assessment Against an Alleged “Responsible Person” under 26 U.S.C. § 6672; 26 U.S.C. § 6532(a)(1) Statute of limitations; No Equitable Exceptions to Filing Period; Prerequisites for Extension Not Met, 26 C.F.R. § 301.6532-1(b) Signed by Judge Firestone.

10-105L • WILLIAM CARLO JACHETTA v. THE UNITED STATES

Filed 08/26/2010
28 U.S.C. § 1500: (i) Where an action filed in this court arises from the same set of operative facts and seeks the same relief as an earlier-filed action in another forum, the earlier-filed action is pending for purposes of section 1500 until its final adjudication on appeal or until the time for appeal has run. (ii) A post-judgment motion under FRCP 60(a) for correction of a clerical error is a pending suit or process within the meaning of section 1500. 28 U.S.C. § 2501: (i) The accrual of a cause of action begins with the invasion of a legal right. (ii) An applicant for a Native allotment acquires equitable title to the land and hence a legal right to sue for its invasion when a final administrative adjudication confirms the applicant’s qualification and entitlement to award. Signed by Judge Wiese.

10-416C • HOMESOURCE REAL ESTATE ASSET SERVICES, INC., v. THE UNITED STATES,

Filed 08/25/2010
Post-Award Bid Protest; Standing; Supplementation of the Administrative Record; Past Performance Rating; Responsibility Determination; Technical Evaluation; Competition Limited to Federal Supply Service Schedule 520 Contractors Signed by Judge Hewitt.

10-335C • OFFICE DEPOT, INC., v. THE UNITED STATES, STAPLES, INC., Intervenor-defendant

Filed 08/24/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(b)(1)(2006); Jurisdiction for Protests Against FDIC Contract Awards; Waiver of Challenges to a Solicitation; Evaluation of Proposals; Clarifications, Prejudice Signed by Judge Bush.

10-335C • OFFICE DEPOT, INC., v. THE UNITED STATES, STAPLES, INC., Intervenor-defendant

Filed 08/23/2010
Motion to Supplement Administrative Record with Deposition Testimony; Allegation of Bias Signed by Judge Bush.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P., v. THE UNITED STATES, and LOCKHEED MARTIN AERONAUTICS COMPANY, (Intervenor)

Filed 08/23/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(a) and (b); Administrative Dispute Resolution Act; Jurisdiction; Implied-in-Fact Contract Jurisdiction in a Procurement Protest; Statutory Construction Signed by Judge Williams.

REDACTED • [N G], v. THE UNITED STATES,

Filed 08/20/2010
Military pay; review of administrative discharge board action; evidentiary burden required under arbitrary or capricious standard; evidentiary rulings; command influence; waiver of argument; due process rights Signed by Judge Miller, C..

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