USCFC General Jurisdiction-Reported

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09-515L • MACY ELEVATOR, INC., ET AL. V. THE UNITED STATES

Filed 04/07/2011
Fifth Amendment Takings Clause; Rails to Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Indiana Law; Interest of Adjoining Landowner to Railroad Right-of-Way; Railroad Easement Abandonment, Ind. Code § 32-5-12-6 (2010); Scope of Railroad Easement Signed by Judge Firestone.

09-824C • PAULA JOHNSON V. THE UNITED STATES

Filed 04/06/2011
Pro Se Standard; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); ADA Claims; Rehabilitation Act Claims;ARRA Claims; 42 U.S.C. § 6863 Signed by Judge Smith.

09-651C • FLOORPRO, INC. V. THE UNITED STATES

Filed 04/06/2011
Cross-Motions for Summary Judgment; RCFC 56(c); Intended Third-Party Beneficiary Rights; Flexfab, L.L.C. v. United States; D & H Distribution Company v. United States; Subcontractor Privity in Government Contracts Signed by Judge Smith.

05-708C • SCOTT TIMBER COMPANY V. UNITED STATES

Filed 04/05/2011
Post-trial decision on damages in a timber-sale case; unreasonable actions by the Forest Service leading to suspensions of the sales; undue delay in lifting the suspensions; foreseeability; mitigation; viability of pass-through claim; lost profits; claim preparation costs; interest Signed by Judge Lettow.

10-182C • BECKY ROBERTS V. THE UNITED STATES

Filed 04/01/2011
Administrative Procedure Act, 5 U.S.C. §§ 702-706; Correction of Military Records, 10 U.S.C. § 1552; Department of Defense Directive 1350.2; Judgment On The Administrative Record, RCFC 52.1; Military Pay Act, 37 U.S.C. § 204; Motion To Dismiss, RCFC 12(b)(1); Office of Naval Intelligence Instruction 1610.2; Transfer of an Action, 28 U.S.C. § 1631; Tucker Act, 28 U.S.C. § 1491; UNITED STATES CONSTITUTION amend. V; Venue, 28 U.S.C. § 1391. Signed by Judge Braden.

10-503C • JAMES RICHARD, SR., ET AL. V. THE UNITED STATES

Filed 03/31/2011
Motion to Dismiss; RCFC 12(b)(1); Fort Laramie Treaty of April 29, 1868; "Bad Men" Clause; Peace Commission; Committed by an Individual Not Affiliated With the United States; Treaty Interpretation; Hebah; Begay; Tsosie; Elk; Zephier; Hernandez; Slattery; Jan’s Helicopter Service, Inc. Signed by Judge Sweeney.

10-812C • THE HUNTSVILLE TIMES CO. INC. V. THE UNITED STATES

Filed 03/31/2011
Post-Award Bid Protest; Evaluation of Proposals Based on Criteria Not Disclosed in the Solicitation. Signed by Judge Bush.

06-633C • JUDITH LOUISE CRONIN V. THE UNITED STATES

Filed 03/31/2011
Military pay; statute of limitations; Temporary Disability Retirement List; Servicemembers’ Civil Relief Act; tolling; 50 U.S.C. app. § 526; period of military service Signed by Judge Bruggink.

99-4451L • JOHN H. BANKS, ET AL. V. THE UNITED STATES

Filed 03/30/2011
An Observation by the Appellate Court in its Opinion on a Motion Under RCFC 12(b)(1) Does Not Constitute the Law of the Case for Trial on the Merits Signed by Judge Hewitt.

10-587C • WATTERSON CONSTRUCTION COMPANY V. THE UNITED STATES

Filed 03/29/2011
Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (2006) (standard of review); Administrative Record; Bid Protest Jurisdiction, 28 U.S.C. § 1491(b)(1) (2006); Competition in Contracting Act, 31 U.S.C. § 3553(c) (2006) (GAO stay of procurement); Federal Acquisition Regulations, 48 C.F.R. §§ 14.302(a), 14.304(b)(1) (late proposals); 48 C.F.R. § 15.208(b)(1) (late proposals); 48 C.F.R. § 15.306(e) (bid submissions); 48 C.F.R. § 15.307 (proposal revisions); 48 C.F.R. §§ 52.212-1(f)(2)(i), 52.214-23(b)(1), 52.214-7(b), 52.215-1(c)(3) (exceptions to late proposals); 48 C.F.R. § 52.215-1(c)(6) (emergency or unanticipated event exception to late proposal). Signed by Judge Braden.

10-869C • ICP NORTHWEST, LLC, V. THE UNITED STATES

Filed 03/28/2011
Pre-Award Protest; Standing; “Non-Trivial Competitive Injury”; Blanket Purchase Agreements; 48 C.F.R. § 13.303-3(a)(1); Offer and Acceptance; Efficiency and Economy in Contracting, 41 U.S.C. § 253(g); Reasonable Price, Technically Acceptable Criteria for Evaluation; Federal Grant and Cooperative Agreement Act, 31 U.S.C. §§ 6301-6309; Reciprocal Fire Protection Act, 42 U.S.C. § 1856a; Chevron Deference; Supremacy Clause Signed by Judge Miller, G..

09-886C • CERES ENVIRONMENTAL SERVICES, INC. V. THE UNITED STATES

Filed 03/28/2011
Post-Award Bid Protest; Compliance with Solicitation; Discussions; Price Evaluation; Price Reasonableness; Price Realism; Unbalanced Bidding; Evaluation of Sample Task. Signed by Judge Williams.

09-712C • DARRYL W. RISER V. UNITED STATES

Filed 03/25/2011
Claim by discharged Army Reserve officer for back pay and correction of military records; pay entitlement for member of the military reserves; 37 U.S.C. § 206(a) Signed by Judge Lettow.

09-620C • MARTIN H. JOHNSON V. THE UNITED STATES

Filed 03/24/2011
Claims by Navy Veteran for Correction of Military Record; Remand Decision of Board for Correction of Naval Records; Application of Proper Regulation; Rule 52.2(f); Satisfactory Basis for Disposition. Signed by Judge Wheeler.

09-460L • DOUGLAS R. BIGELOW TRUST, JAMIE MORTENSON, TRUSTEE, ET AL. V. THE UNITED STATES

Filed 03/23/2011
Takings – rails-to-trails; Motion to certify class action; RCFC 23; Numerosity; Putative class of twenty-five adequate to meet numerosity requirement; Other requirements for class certification satisfied; Class defined and certified. Signed by Judge Allegra.

06-900L • ROUND VALLEY INDIAN TRIBES V. THE UNITED STATES

Filed 03/23/2011
American Indian Trust Fund Management Reform Act of 1994, Pub. L. No. 103-412, 25 U.S.C. §§ 161a, 162a; Breach of Trust; Claim Preclusion; Duties of the Assistant Secretary of Interior for Indian Affairs, 25 U.S.C. § 2; Four Reservations Act of 1864, 13 Stat. 39; Indian Claims Commission Act, 60 Stat. 1049 (1946); Indian Tucker Act, 28 U.S.C. § 1505 (2006); Jurisdictional Act of 1928, 45 Stat. 602; Reconciliation Report Act of 2002, 25 U.S.C. § 4044 note; RESTATEMENT (SECOND) OF JUDGMENTS §§ 24(1), 42 (1982); Waiver and Release; 25 U.S.C. §§ 151-66 (Deposit, Care and Investment of Indian Moneys); 25 U.S.C. §§ 311-28 (Developing Rights-of- Way Across Tribal Lands); 25 U.S.C. §§ 391-416j (Lease, Sale or Surrender of Allotted or Unallotted Lands); 25 U.S.C. §§ 2101-08 (Development of Tribal Mineral Resources); 25 U.S.C. §§ 3101-20 (National Indian Forest Resources Management); Pub. L. No. 101-512, 104 Stat. 1915 (1990 Interior Appropriations); Pub. L. No. 111-88, 123 Stat. 2904 (2010 Interior Appropriations); RCFC 56(c) (summary judgment). Signed by Judge Braden.

07-465V • FRANCES CAMPBELL V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/22/2011
Vaccine case; off-table claim involving rheumatoid arthritis allegedly caused by trivalent influenza vaccine; required elements of proof for causation; first Althen prong; annotations of treating physicians; case reports; “biologically plausible” theory; grant of entitlement; remand for determination of compensation Signed by Judge Lettow.

10-819C • CREWZERS FIRE CREW TRANSPORT, INCORPORATED V. THE UNITED STATES OF AMERICA

Filed 03/18/2011
Pre-Award Bid Protest; Tucker Act, 28 U.S.C. § 1491(b)(1); Simplified Acquisition Procedures, 41 U.S.C. § 253(g); Blanket Purchase Agreements; Illusory Contract; Option Contract; Use of Agency Cooperator (Local Government Entities) in Lieu of Private Contractor; Stafford Act, 42 U.S.C. § 5150(a)(1); Federal Grant and Cooperative Agreement Act, 31 U.S.C. § 6303(1); Waiver of Untimely Argument. Signed by Judge Baskir.

90-1009V • MICHAEL DAN KENNEDY V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/17/2011
Vaccine case; RCFC 17(c)(2); Appointment of petitioner’s sister as “next friend.” Signed by Judge Allegra.

98-419 • RESOURCE INVESTMENTS, INC. AND LAND RECOVERY, INC. V. UNITED STATES OF AMERICA

Filed 03/17/2011
Expert Witness; Subpoena; RCFC 45; 5 U.S.C. § 6322; Court-Ordered Leave for Pre-Trial Preparation Signed by Judge Block.

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