USCFC General Jurisdiction-Reported

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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..

09-246C • ALBERT HWANG v. THE UNITED STATES

Filed 08/19/2010
Pro se Plaintiff; Title VII of the Civil Rights Act; Fifth and Fourteenth Amendment; Lack of Subject Matter Jurisdiction; Military Pay Act; Request for Reinstatement in the Armed Forces; Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted; Motion for Judgment on the Administrative Record. Signed by Judge Wheeler.

10-257C • PITNEY BOWES GOVERNMENT SOLUTIONS, INC. v. UNITED STATES

Filed 08/19/2010
Post-award bid protest; motions for judgment on the administrative record; claims of spoliation of evidence, personal bias on the part of the Contracting Officer’s Technical Representative, and failure to perform a proper technical evaluation Signed by Judge Lettow.

09-258C • GLADYS S. VANDESANDE v. THE UNITED STATES

Filed 08/18/2010
Breach of Contract; Motion to Dismiss; Title VII; Settlement Agreement; Consent Decree; EEOC Signed by Judge Damich.

09-742T • JOHN R. GORSKI, v. THE UNITED STATES,

Filed 08/17/2010
Anti-Assignment Act, 31 U.S.C. § 3727(b); Internal Revenue Code, 26 U.S.C. § 6013(d)(3); RCFC 19(a), Required Joinder of Parties Signed by Judge Braden.

04-1593V • DR. YULIYA DOBRYDNEVA and DR. BORIS DOBRYDNEV, Parents of ILYA DOBRYDNEV, a Minor vs. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/17/2010
Causation In Fact; De Novo Review; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-10, et seq.; Vaccine Rule 3(b), 8(c), 27(c); RCFC 60. Signed by Judge Braden.

10-481C • NAVARRO RESEARCH AND ENGINEERING, INC. vs. THE UNITED STATES and PORTAGE, INC.

Filed 08/16/2010
Bid protest; mandatory postaward debriefing; automatic stay; standing; task order contract; 28 U.S.C. § 1491; 41 U.S.C. § 253j Federal Supply Schedule; FAR Part 8.4 Signed by Judge Bruggink.

06-245T, 06-246T and 06-247T • Murfam Farms, LLC, PSM FARMS, LLC, MURPHY PORK PARTNERS, LLC vs. THE UNITED STATES

Filed 08/16/2010
Tax; partnership-level proceeding; Son of BOSS tax shelter; accuracy-related penalties, I.R.C. § 6662; reasonable cause and good faith, I.R.C. § 6664. Signed by Judge Damich.

07-579C • BLR GROUP OF AMERICA, INC., v. THE UNITED STATES,

Filed 08/16/2010
Mootness; Reconsideration; Jurisdiction; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Performance Evaluation; Definition of Claim; Contracting Officer’s Decision; Deemed Denial Signed by Judge Sweeney.

09-291T • ESTATE OF DAVID RUBINSTEIN, v. THE UNITED STATES,

Filed 08/13/2010
Motion for Enlargement of Time; Discovery Dispute; Deposition Testimony; Motion to Compel Production of Documents; Scope of Discovery; RCFC 26; Relevance and Admissibility of Evidence; Fed. R. Evid. 401 Signed by Judge Sweeney.

00-644C • WILLIAM A. CLARK, et al., v. THE UNITED STATES,

Filed 08/13/2010
Cross-Motions for Summary Judgment, RCFC 56; Military Pay for National Guard Training, 37 U.S.C. § 206; Correspondence Courses of the Uniformed Services; Air National Guard; Army National Guard; Equivalent Training; Air National Guard Instruction 36-2001; National Guard Regulation (Army) 350-1 Signed by Judge Firestone.

05-400C • MICHAEL W. STOVALL, v. THE UNITED STATES,

Filed 08/13/2010
Breach of contract; Cross-motions for summary judgment; Breach of contract – genuine issues of material fact preclude judgment as a matter of law; Damages; Expectation damages – lost profits; Energy Capital – per se rule rejected regarding lost profits from third-party transactions; Genuine dispute as to material questions of fact regarding proximate causation; Foreseeability and specificity; Reliance damages; Direct vs. incidental reliance damages; Foreseeability; Limitations on loss recovery; Genuine issues of material fact preclude granting of summary judgment; Trial required Signed by Judge Allegra.

10-396C • DGR ASSOCIATES, INC., v. UNITED STATES, and GENERAL TRADES & SERVICES, INC., Defendant-Intervenor

Filed 08/13/2010
Bid Protest; Small Business Act; Statutory Interpretation; Priority of HUBZone Program Over Other Small Business Programs; Solicitation Impropriety; Timeliness of Protest; Declaratory and Injunctive Relief Signed by Judge Wheeler.

07-658T • FORD MOTOR COMPANY, v. THE UNITED STATES,

Filed 08/13/2010
Deliberative Process Privilege; In Camera Review; Predecisional Documents; Draft Press Releases; Factors for Determining Whether Deliberative Process Privilege is Overcome by Need Signed by Judge Williams.

09-250C • DONALD E. MARTINEZ, v. THE UNITED STATES,

Filed 08/12/2010
Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing party status based on securing an order remanding case to agency; remand order predicated on agency error; substantial justification; Government’s position includes agency’s position leading to litigation; recovery of fees and expenses incurred in proceeding before agency; recovery of fees and expenses attributable to settlement discussions Signed by Judge Miller, G..

99-400C c/w 01-708C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI, v. THE UNITED STATES,

Filed 08/11/2010
Equal Access to Justice Act; 28 U.S.C. § 2412 (2006); Supplementation of Application Required to Document Attorneys’ Fees and Expenses Signed by Judge Hewitt.

07-154C • NORMAN H. COHEN, Ed.D., v. THE UNITED STATES,

Filed 08/09/2010
Summary Judgment; Copyright Registration; Conveyance of Exclusive Rights; Standing to Bring Suit for Copyright Infringement; Beneficial Ownership; Continuing Wrong Doctrine Unavailable; Tolling Provision; 28 U.S.C. § 1498(b); Continuing Presence of Infringing Materials Cached on the Internet Signed by Judge Hewitt.

01-40C • CROMAN CORPORATION, v. THE UNITED STATES,

Filed 08/09/2010
Discovery; Motion to Reopen Fact Discovery Related to Potential Fraud Counterclaims; Motion Denied Signed by Judge Hewitt.

98-405C • CROMAN CORPORATION, v. THE UNITED STATES,

Filed 08/09/2010
Discovery; Motion to Reopen Fact Discovery Related to Potential Fraud Counterclaims; Motion Denied Signed by Judge Hewitt.

09-747C • PENINSULA GROUP CAPITAL CORPORATION v. UNITED STATES,

Filed 08/06/2010
Breach of Contract Claim; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6) Signed by Judge Futey.

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