USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 2 hours 37 min ago
General Jurisdiction (Reported)
General Jurisdiction (Unreported)
Vaccine (Reported)
Vaccine (Unreported)
Keywords:
Start date:
End date:

X

There are four categories on the left side of the search bar, each with a check box. The currently visible cateogry is highlighted yellow. To search multiple categories at once, place a check mark next to each desired category. Note if none are selected, the search will default to all categories. You must select additional search parameters (keyword, judicial officer, date range) if you specify a case category.

To search for specific words, enter one or more keywords in the search term box, then click the Search button. To search for a phrase, enclose it in quotes, "like this." Keywords and search terms are not case sensitive. You do not need to use wildcards.

To search by case number, enter the case number in xx-yyy format in the keywords box. The first two digits before the dash are the year in which the case was opened. If this year is 2000 through 2009, include the leading zero for best results.

To search by judicial officer (a particular judge or special master), click the drop-down menu "(judicial officer)" then make your selection from the list. If you decide to not search for a specific judicial officer, choose "(judicial officer)" from the list.

Dates are expected to be month/day/year format, also known as mm/dd/yyyy format. If you use a dash/hyphen as the separator, the search engine will expect the date to be in yyyy-mm-dd format (in other words, the year comes first; this is the European format).

Search results will have relevant terms highlighted so you can see why a particular item appears in the results. Note: Results are limited to 500 items; if your search returns 500 items, try adjusting it to get more specific results.

To clear your search results and view posted opinions, click on one of the category labels.

To close this help text, click on the Help! button again, or click the blue X in the upper right corner of this box.

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

Filed 03/10/2011
Vaccine review; Appointment of “next friend” for incompetent petitioner; RCFC 17(c); Standard for appointment of “next friend;” Affidavit. Signed by Judge Allegra.

09-771C • K-LAK CORPORATION V. THE UNITED STATES

Filed 03/09/2011
Motion for Judgment on the Administrative Record; 28 U.S.C. § 1491(b)(1); Small Business Development Program, 8(a); Use of Federal Supply Schedule. Signed by Judge Firestone.

10-478T • ERNESTO BRACH, PRO SE V. THE UNITED STATES

Filed 03/09/2011
Pro se Complaint; Motion to Dismiss RCFC 12(h)(3); 26 U.S.C. § 6532(a)(1) Statute of Limitations for Filing Suit; 26 U.S.C. § 6511(a) Statute of Limitations for Filing Claim for Refund with IRS; 26 U.S.C. § 6511(h) Financial Disability; No Equitable Exceptions to Filing Period; Full Payment Rule; Account Stated Claim. Signed by Judge Firestone.

10-877V • TECH SYSTEMS, INC. V. THE UNITED STATES

Filed 03/09/2011
Post-award bid protest; supplementation of administrative record; bias and bad faith; presumptions of regularity and good faith conduct; sufficiently well-grounded allegations based on hard facts. Signed by Judge Wolski.

10-810C • MISSION CRITICAL SOLUTIONS V. THE UNITED STATES

Filed 03/08/2011
Bid Protest; HUBZone; Decertification; Qualified HUBZone SBC; 35% Employee Residency in HUBZone; "Attempt to Maintain" Safe Harbor Signed by Judge Damich.

10-291C • ALFRED ELLIOTT, PRO SE V. THE UNITED STATES

Filed 03/02/2011
Pro se complaint; motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); jurisdiction for claims relating to enforcement of fine or forfeiture, 28 U.S.C. § 1355 (2006); whether claim for illegal exaction based on allegedly time-barred satisfaction of fine reduced to judgment through offsets to Social Security payments is a forfeiture claim. Signed by Judge Miller, C..

10-852C • GLENN DEFENSE MARINE (ASIA) PTE, LTD V. THE UNITED STATES

Filed 03/01/2011
Post-award bid protest; Cross-motions for judgment on the administrative record; Standard of review; Single contract versus split award; FAR § 51.212-1(h) – multiple awards; “Lowest total price” evaluation clause; NAVSUP clause reserving right to award single contract; Treatment of extrinsic evidence; Evidence of subjective intent; RFP authorized split award; Relief denied. Signed by Judge Allegra.

09-869C • BENJAMIN GAL-OR V. THE UNITED STATES

Filed 02/28/2011
Patent Infringement; Fifth Amendment Takings; Statute of Limitations; Joinder of Necessary Parties Signed by Judge Bruggink.

08-195T • DOMINION RESOURCES, INC. V. UNITED STATES

Filed 02/25/2011
Corporate tax case; capitalization of imputed interest on the basis of property temporarily removed from service that otherwise would be used for the produc- tion of income, which temporary removal occurs in connection with the installation or construction of a capitalized improvement to the income-producing property; validity of Treas. Reg. § 1.263A-11(e)(1) (ii)(B); Section 702(2)(A) of the Administrative Procedure Act; application of the “substantial variance” doctrine to preclude consideration of the retroactivity of Treas. Reg. § 1.263A-11(e)(2); alleged mistake in settlement agreement Signed by Judge Lettow.

07-702C • OK'S CASCADE COMPANY V. THE UNITED STATES

Filed 02/25/2011
Termination for the Convenience of the Government; Work Performed Under Different Contract Vehicle; Pre-Contract Equipment Modernization Costs; Unabsorbed Overhead; Settlement Proposal Preparation Costs; Failure to Disclose Proposed Expert Witness Signed by Judge Wheeler.

07-206C • LUBLIN CORPORATION, t/a CENTURY 21, ADVANTAGE GOLD V. THE UNITED STATES

Filed 02/24/2011
Contract case; Motion for summary judgment; Implied actual authority – H. Landau & Co.; Individuals without actual contracting authority may, nonetheless, bind the United States; Genuine issues of material fact as to implied actual authority; Breach; Circumstantial evidence of breach; Anti-Deficiency Act; Genuine issues of material fact as to breach; Trial to be set. Signed by Judge Allegra.

99-550L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA V. THE UNITED STATES OF AMERICA

Filed 02/24/2011
Application of Confederated Tribes of the Warm Springs Reservation v. United States to Claims for Damages for Breach of Trust Obligations; Awarding Plaintiff Damages for Breach of Trust Signed by Judge Hewitt.

07-273L • STEPHEN J. ROGERS, ET AL. V. THE UNITED STATES

Filed 02/24/2011
Fifth Amendment Taking; Motion to Strike Expert Testimony; RCFC 26; RCFC 37; Adequate Disclosure of Damages in Expert Report and at Deposition. Signed by Judge Williams.

10-542C • NATALYA HAMPEL V. THE UNITED STATES

Filed 02/18/2011
Pro Se; Lack of Subject Matter Jurisdiction: Medical Malpractice, Negligence, Emotional Injury, Due Process, Equal Protection; Veterans Benefits; Transfer Inappropriate Signed by Judge Damich.

08-357C • MARY E. VERBECK V. UNITED STATES

Filed 02/18/2011
Review of a decision by the Board for Correction of PHS’ Commissioned Corps Records on remand from this court; claim by a uniformed nurse practitioner that she was improperly terminated by the Public Health Service; failure by the Board to consider and apply pertinent regulations; second remand ordered Signed by Judge Lettow.

09-380L • JERRY McGUIRE V. UNITED STATES OF AMERICA

Filed 02/18/2011
Fifth Amendment Taking; Motion to Dismiss, RCFC 12(b)(1) and 12(b)(6); Subject Matter Jurisdiction; Law of the Case, Ripeness; Motion for Summary Judgment, RCFC 56(c) Signed by Judge Futey.

06-522V • ROBERT VERYZER V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/17/2011
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I), findings of fact by special master; Vaccine R. 8(b)(1); Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993); special master’s authority in limine to exclude expert opinions. Signed by Judge Miller, C..

10-676T • JUSTIN SCHLABACH V. UNITED STATES

Filed 02/17/2011
Application for an order restraining collection of a penalty threatened to be Imposed by the IRS; limitation on the equitable powers of the court when exercising jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a); applicability of the Anti-Injunction Act, I.R.C. § 7421(a) Signed by Judge Lettow.

10-465C • JAMES D. FULBRIGHT V. THE UNITED STATES

Filed 02/16/2011
Military pay; disability retirement, 10 U.S.C. § 1201 (2006); motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); Military Pay Act, 37 U.S.C. § 204 (2006); impact of decision on disability claim by first board or court to consider it on the statute of limitations, 28 U.S.C. § 2501 (2006); tolling of Tucker Act statute of limitations. Signed by Judge Miller, C..

10-396C • DGR ASSOCIATES, INC. V. THE UNITED STATES

Filed 02/15/2011
Equal Access to Justice Act, 28 U.S.C. § 2412(d) (2006); Award of Plaintiff’s Attorneys’ Fees, Costs, and Expenses; Government’s Underlying Litigation Position Not Substantially Justified; Cost of Living Adjustment to Statutory Cap. Signed by Judge Wheeler.

Pages