USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

10-311C • LARRY D. TALLACUS V. THE UNITED STATES

Filed 06/30/2011
Contracts; pendency of claims in other courts; 28 U.S.C. § 1500; compliance with settlement agreement; 29 C.F.R. § 1614.504 Signed by Judge Margolis.

11-270C • SAMMIE THOMPSON AND JENETTA THOMPSON V. UNITED STATES

Filed 06/29/2011
Pro Se Plaintiffs; In Forma Pauperis Application; 28 U.S.C. § 1915 Signed by Judge Horn.

11-136C • ARTHUR L. HAIRSTON V. THE UNITED STATES

Filed 06/29/2011
Claims of Incarcerated Plaintiff for Inadequate Prison Medical Treatment; Tort Claims Against United States and Named Officials; Bivens Action; Lack of Subject Matter Jurisdiction; Transfer Not in the Interest of Justice. Signed by Judge Wheeler.

11-163C • CASTLE-ROSE, INC. V. UNITED STATES

Filed 06/28/2011
Standing in bid protests; timeliness under F.A.R. § 15.208; exceptions to late-is-late rule; notice of lateness under F.A.R. 15.208(f); nonprejudicial errors; jurisdiction to consider in bid protests claims based upon the implied contractual covenant of good faith and fair dealing Signed by Judge Lettow.

08-23T • NORTHROP CORPORATION EMPLOYEE INSURANCE BENEFIT PLANS MASTER TRUST V. THE UNITED STATES

Filed 06/28/2011
Tax; Refund Claim; 26 U.S.C. §§ 419A, 512(a)(3) (2006); 26 C.F.R. § 1.512(a)-5T (2011); Unrelated Business Taxable Income; Limitation on Exempt Function Income. Signed by Judge Bush.

07-01V • STACY HEINZELMAN V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/24/2011
Vaccine Motion for Review; Prima Facie Case for Causation; Alternative Causation; Burden of Proof; Factors Unrelated; Compensation for Loss of Earnings; Health Benefits Program Signed by Judge Damich.

07-646C • HADDON HOUSING ASSOCIATES, LLC, ET AL. V. UNITED STATES

Filed 06/24/2011
Claim for damages arising from alleged breach of rent-assistance contract; assignment in which HUD joined; proper party plaintiff; effect on the contract of the 1994 Amendments to the Housing Act of 1937; 42 U.S.C. § 1437f; liability determination Signed by Judge Lettow.

07-443V • JOAN CAVES V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/24/2011
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Proof of Causation; Reliability of Expert Testimony. Signed by Judge Bush.

09-741L • FARMERS COOPERATIVE CO., ET AL. V. THE UNITED STATES

Filed 06/24/2011
Rails to Trails; Scope of Easement; “Railroad Purposes”; Abandonment; Notice of Consummation of Abandonment; Quitclaim; Trail Use Agreement; Vacation of NITU; Series of NITUs; Subsequent Failure to Reach Trail Use Agreements; Temporary Takings Signed by Judge Damich.

11-180C • JACOBS TECHNOLOGY INC. V. THE UNITED STATES

Filed 06/23/2011
Bid Protest; Motion for Judgment on the Administrative Record; Agency's Corrective Action; Agency Decision to Follow Government Accountability Office's (“GAO's”) Recommendation; Rationality of GAO's Decision; Improper Application of Unstated Evaluation Factor; Failure to Provide Information to Allow Offerors to Compete on a Relatively Equal Basis Robert Signed by Judge Damich.

07-613C • NORTHROP GRUMMAN COMPUTING SYSTEMS, INC. V. THE UNITED STATES

Filed 06/23/2011
Government contract case; Motion to dismiss for lack of jurisdiction – RCFC 12(b)(1); Contract Disputes Act; Requirements for valid claim; Beaconwear – assignor of proceeds of government contract was proper entity to file CDA claim; Adequate notice of basis of claim; Purpose of notice requirement; Failure to reveal assignments rendered claim inadequate; Severin doctrine; Jurisdiction lacking; Motion granted. Signed by Judge Allegra.

10-403C • GOVERNMENT TECHNICAL SERVICES, LLC. V. THE UNITED STATES

Filed 06/23/2011
Motion to Stay; Related Criminal Investigation Signed by Judge Hewitt.

04-1544L • THE ELLAMAE PHILLIPS COMPANY V. THE UNITED STATES OF AMERICA

Filed 06/21/2011
Rails-to-Trails; opinion on remand; takings liability; scope of the easement; railroad purpose; recreational trail use; Category I landowner; 1875 Act Signed by Judge Baskir.

09-239C • DAWN HALL V. THE UNITED STATES

Filed 06/21/2011
Summary Judgment, RCFC 56(c); Court Leave, 5 U.S.C. Section 6322(a); Statutory Interpretation; Plain Language; Absurdity Doctrine; Legislative History to Clarify Congressional Intent; Motion to Dismiss, RCFC 12(b)(1); Exclusive MSPB Jurisdiction; Constitutional Claims Signed by Judge Futey.

10-823C • DALE CAPELOUTO V. THE UNITED STATES

Filed 06/17/2011
Constitutional Claims; Tort Claims; Criminal Claims; False Claims Act, 31 U.S.C. §§ 3729-3733 (2006); Contract Disputes Act of 1978, Pub. L. No. 111-350, §§ 7101-7109, 124 Stat. 3677, 3816-26 (Jan. 4, 2011); Tucker Act, 28 U.S.C. § 1491(a)(1) THE UNITED STATES, (2006); 28 U.S.C. § 1500 (2006); General Equitable Relief; Subject Matter Jurisdiction, RCFC 12(b)(1). Signed by Judge Bush.

08-610C • TEXTAINER EQUIPMENT MANAGEMENT LIMITED, ET AL. V. THE UNITED STATES

Filed 06/17/2011
Fifth Amendment Takings Clause; Subcontractor Takings Claim; Property Interest Modified by Agreement; Sovereign Versus Proprietary Capacity; Applicable Interest Rate Signed by Judge Firestone.

10-140C • NEWTECH RESEARCH SYSTEMS LLC V. THE UNITED STATES

Filed 06/16/2011
Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Submission of Claims; Contracting Officer’s Final Decision; Fraud Allegations Against Agency; Validity of Contracting Officer’s Final Decision; 48 C.F.R. §§ 33.209-.210(b); Failure to Timely Submit Claim to Contracting Officer; 41 U.S.C. § 605(a); Untimely Filing of Lawsuit; 41 U.S.C. § 609(a)(3) Signed by Judge Sweeney.

11-007 • GEAR WIZZARD, INC. V. THE UNITED STATES OF AMERICA

Filed 06/16/2011
Whether the Cancellation of Solicitations Designated as a Small Business Set-Aside was Proper; Whether the Agency's Decision to Solicit Offers on an Unrestricted Basis was Proper Signed by Judge Hewitt.

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