USCFC General Jurisdiction-Reported

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05-397C • ROBERT A. DUBSKY V. THE UNITED STATES

Filed 06/16/2011
Military Pay Case; Six-year Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Effect of Proceedings Before Air Force Board for Correction of Military Records. Signed by Judge Wheeler.

92-872C • AMERICAN SAVINGS BANK, F.A., ET AL. V. THE UNITED STATES

Filed 06/16/2011
Winstar Damages; FIRREA; Breach of Forbearance Allowing Inclusion of Stock Warrants in Regulatory Capital; Expectancy Damages; Foreseeability, Causation; Reasonable Certainty of Lost-Profits Signed by Judge Smith.

04-37C • CAROLINA POWER & LIGHT COMPANY, AND FLORIDA POWER CORPORATION V. THE UNITED STATES

Filed 06/14/2011
Spent Nuclear Fuel Case; Damages Determined on Remand; Use of DOE’s 1987 Annual Capacity Report; Mandate Rule; Concepts of Full Core Reserve and Prudent Operating Reserve; Spent Fuel Pool Re-rack Operations Signed by Judge Wheeler.

11-111C • DEFENSE TECHNOLOGY, INC. V. THE UNITED STATES

Filed 06/14/2011
Jurisdiction over Cancellation of Solicitation; Standing to Challenge Proposed Sole-Source Award; Political Question; Cancellation of Solicitation; FAR 1.102(b)(3), 1.102-2(c)(3), 3.101-1, and 15.305(b); Pretext for Canceling Solicitation; Judicial Estoppel; Public Interest Exception to Competition Requirement, 10 U.S.C. § 2304(c) and FAR 6.302-7; Notice of Intent to Enter into Sole-Source Contract, 10 U.S.C. § 2304(f) and FAR 5.202(a); Exceptions to Publishing Notice of Intent to Enter into Sole-Source Contract, 41 U.S.C. § 416(c) (re-codified as § 1708(b)) and FAR 5.202(a)(10); Language Required for Synopsis; Implied Contract to Fairly and Honestly Consider Proposals; Injunctive Relief; Bid Preparation and Proposal Costs Signed by Judge Miller, G..

11-294C • NETSTAR-1 GOVERNMENT CONSULTING, INC. V. THE UNITED STATES

Filed 06/13/2011
Post-award bid protest; Motion for preliminary injunction; Organizational conflicts of interest; Likelihood of success on the merits; Organizational conflicts of interest – unequal access; Identification of conflicts and mitigation efforts; Irreparable harm; Balance of hardships; Public interests; Preliminary injunction granted. Signed by Judge Allegra.

11-181C • NORTHEAST MILITARY SALES, INC. V. THE UNITED STATES

Filed 06/13/2011
Bid Protest; Cross-Motions for Judgment on the Administrative Record Signed by Judge Hewitt.

07-693L AND 07-675L • DOROTHY L. BIERY, ET AL. AND V. JERRAMY AND ERIN PANKRATZ, ET AL. V. THE UNITED STATES

Filed 06/09/2011
Fifth Amendment Takings Clause; Rails-to-Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Kansas Law; Scope of Railroad Easements; Railroad Easement Abandonment Signed by Judge Firestone.

08-677C • RANDAL M. BEVEVINO, ET AL. V. THE UNITED STATES

Filed 06/09/2011
Civilian Pay; Underpayment Claim; Prevailing Rate Systems Act of 1972, 5 U.S.C. §§ 5341-5349 (2006); 5 C.F.R. § 532.211(d) (2011); No Abuse of Discretion in Redefinition of Local Wage Area Boundary Signed by Judge Bush.

07-157C • PACIFIC GAS AND ELECTRIC COMPANY, SOUTHERN CALIFORNIA EDISON COMPANY, AND CALIFORNIA ELECTRICITY OVERSIGHT BOARD V. THE UNITED STATES

Filed 06/08/2011
Motion to Quash Notice; Third Party Practice Rule; RCFC 14(b); 41 U.S.C. § 114(b); Court issued Notification Signed by Judge Smith.

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

Filed 06/07/2011
Pre-Award Bid Protest; Agency Reprocurement Decision; Motion to Dismiss for Lack of Jurisdiction; Ripeness; Standing; Claims Regarding Procurement Integrity Act Investigation and Organizational Conflict of Interest Analysis; Claims Regarding Demonstrated Historical Capability and Past Performance Evaluation Signed by Judge Damich.

09-315L • WHISPELL FOREIGN CARS, INC., ET AL. V. THE UNITED STATES

Filed 06/07/2011
Motion for Reconsideration of Partial Summary Judgment Signed by Judge Hewitt.

10-627C • ANTONINO EUGENE LYONS V. THE UNITED STATES

Filed 06/03/2011
Justice for All Act of 2004; 28 U.S.C. §§ 1495 and 2513; Statute’s Alleged Retroactivity; Scope of Congressional Waiver of Federal Sovereign Immunity Signed by Judge Miller, G..

10-883C • DOW ELECTRIC, INC. V. THE UNITED STATES

Filed 06/02/2011
Bid Protest, 28 U.S.C. § 1491(b)(1); Federal Acquisition Regulations, 48 C.F.R. §§ 14.101(d), 14.301(a), 14.304(b)(1), 14.404-2(b), 14.405, 52.214-19(a), 52.214-21(b), 52.214-21(d); Motion To Dismiss, RCFC 12(b)(1); Motion For Judgment On The Administrative Record, RCFC 52.1; OSHA Regulations, 29 C.F.R. § 1910.333(a)(1); Remedies in a Bid Protest, 28 U.S.C. § 1491(b)(2). Signed by Judge Braden.

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

Filed 06/01/2011
Attorney Fees and Costs; Back Pay Act, 5 U.S.C. §§ 5596, 7701(g) (2006); Unjustified Personnel Action; Prevailing Party; Interest of Justice; Reasonable Attorney Fees. Signed by Judge Bush.

09-746C • NOREEN M. HOLMES V. UNITED STATES

Filed 05/31/2011
Former spouses as Survivor Benefit Plan beneficiaries; former-spouse election; 10 U.S.C. § 1448(b)(3); 10 U.S.C. § 1450(f)(3)(A); motion to dismiss; equitable tolling; supplementation of the administrative record; substantial compliance Signed by Judge Lettow.

11-39C • VANGUARD RECOVERY ASSISTANCE, JOINT VENTURE V. UNITED STATES

Filed 05/27/2011
Protest of procurement actions taken by Federal Emergency Management Agency; standing; timeliness of suit; amendment and supplementation of the administrative record; agency’s failure to provide for performance-evaluation reports regarding predecessor contracts, as required by FAR §§ 36.604, 42.1502(f); “too close at hand to ignore” doctrine Signed by Judge Lettow.

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

Filed 05/27/2011
Motion For Leave To Amend Complaint, RCFC 15(a). Signed by Judge Braden.

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

Filed 05/26/2011
Bid Protest; Agency Decision to Follow Government Accountability Office?s Recommendation; Motion to Dismiss; Jurisdiction Pursuant to Tucker Act, 28 U.S.C. § 1491(b)(1); Ripeness; Standing; Agency Action Committed to Agency Discretion by Law Signed by Judge Damich.

01-27L • PLACER MINING CO., INC., d/b/a THE NEW BUNKER HILL MINING CO. V. THE UNITED STATES

Filed 05/25/2011
Fifth Amendment taking; CERCLA remediation; mining; Lucas; background principles of state law; nuisance; property access; distinguishing tort from taking. Signed by Judge Bruggink.

09-330C • AEY, INC. V. UNITED STATES

Filed 05/24/2011
Contested default termination of contract to supply non-standard ammunition; collateral estoppel; consequences of plea of guilty to criminal charge of conspiracy to make false statements; interpretation of 48 C.F.R. § 252.225-7007(c) Signed by Judge Lettow.

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