USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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07-273L, 07-426L, 08-198L • STEPHEN J. ROGERS, et al., v. THE UNITED STATES,

Filed 06/28/2010
Rails-to-Trails; Takings; Fee Simple; Easement; Florida Law; Deed Interpretation; Extrinsic Evidence; Consideration; Chain of Title Signed by Judge Williams.

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

Filed 06/25/2010
More definite statement under RCFC 12(e); Pro se; 28 U.S.C. § 1498; 28 U.S.C. § 2501 Signed by Judge Bruggink.

07-707C • DAVID WHALEN, et al., v. UNITED STATES,

Filed 06/24/2010
Suit by air traffic control specialists at Edwards Air Force Base for compensation for overtime labor under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219; cross- motions for summary judgment; permissibility of a credit-hour arrangement; compensable work; time spent undergoing security inspections; time spent on medical clearances Signed by Judge Lettow.

09-146T • MARTHA JACOBS, v. THE UNITED STATES,

Filed 06/23/2010
Pro Se Claim for Tax Refund and Injunctive Relief; Tort Claims Against the United States; Civil Rights Claim; Bankruptcy Claim; No Claim for Which Relief Can Be Granted with Regard to the 1999 Tax Year; No Jurisdiction for Other Claims Signed by Judge Hewitt.

10-135C • MICHAEL A. HERNANDEZ, pro se vs. THE UNITED STATES

Filed 06/22/2010
Pro se plaintiff; jurisdiction; 28 U.S.C. § 1491(a)(1) (2006); Civil Rights Act of 1964, 42 U.S.C. §§ 1983, 1985-1986 (2006); claims based on U.S. Constitution and amendments; "Bad Men" clause of Fort Laramie Treaty of 1868, art. 1, Apr. 29, 1868, 25 Stat. 635. Signed by Judge Miller, C..

10-225T • STEVEN T. WALTNER and SARAH V. WALTNER, v. UNITED STATES,

Filed 06/21/2010
In Forma Pauperis Application; 28 U.S.C. § 1915 Signed by Judge Horn.

02-1467V • JOHNATHAN FRIEDMAN, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 06/18/2010
Vaccine Act; Motion for Review; Attorneys' Fees; Partial Affirmance of Special Master's Award; Forum Rate; Laffey Matrix; Davis Exception; Profitability; Avera; Masias; Interim Fees; "Fees for Fees"; Certification to Federal Circuit Signed by Judge Damich.

10-60C • LISA ADAMS, et al., on behalf of herself and all others similarly situated, v. THE UNITED STATES,

Filed 06/18/2010
Motion For Class Certification; 5 U.S.C. § 2105(a); 5 U.S.C. § 6301(2); 38 U.S.C. § 7454(b)(3); RCFC 23(a), (b), (c) Signed by Judge Braden.

03-2832C • ARIZONA PUBLIC SERVICE COMPANY, v. UNITED STATES OF AMERICA,

Filed 06/18/2010
Spent Nuclear Fuel; Partial-Breach Damages; Standard Contract; But-For World; Casks; ISFSI; Dry Storage; Full-Core Reserve; Poison Insert Project; Nuclear Waste Policy Act of 1982; Allowance for Funds Used During Construction; relationship of damages to breach; DOE offsets; Overhead costs Signed by Judge Hodges.

07-873C • PARADIGM LEARNING, INC., v. THE UNITED STATES,

Filed 06/14/2010
RCFC 12(b)(1); Jurisdiction; 28 U.S.C. § 1491(a)(2); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; GSA Schedule Contract; Confidentiality and Non-Disclosure Agreement; Restrictive Legends; Requirements of a Claim, a Contracting Officer Decision or Deemed Denial, and a Proper Appeal; Incorporation by Reference; Misappropriation of Trade Secrets Signed by Judge Sweeney.

09-693T • SEAN M. LIU, v. THE UNITED STATES,

Filed 06/11/2010
Individual income tax; nonresident alien; statute of limitations; Clerk's Office date stamp; Priority Mail; “due course of the mails”; Charlson Realty Co. v. United States, 384 F.2d 434 (Ct. Cl. 1967) Signed by Judge Damich.

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES,

Filed 06/11/2010
Government contract case; Housing Assistance Payment contract; Motion for default judgment; Corporation may appear only by attorney; Failure of corporation to obtain counsel as basis for default judgment under RCFC 55; Procedures for considering motion for default judgment outlined; Factors impacting determination of default judgment; Entry of default judgment warranted; Motion granted. Signed by Judge Allegra.

09-572C • ALLSTAR MAYFLOWER, LLC, ET AL., v. THE UNITED STATES,

Filed 06/10/2010
Motion to Dismiss, Interstate Commerce Act (ICA), 49 U.S.C. § 14705, Contracts Dispute Act (CDA), 41 U.S.C. §609, Inter-Coastal Xpress, Inc. v. United States, 296 F.3d 1357 (Fed Cir. 2002) Signed by Judge Smith.

06-587C • UNIONBANCAL CORPORATION & SUBSIDIARIES, v. THE UNITED STATES,

Filed 06/09/2010
Motion to Stay, Coast Fed. Bank v. United States, 49 Fed. Cl.11,15 (2001), Landis v. N. Am. Waterwork & Elec. Co., 299 U.S. 248, 254 (1936), CMAX, Inc. v. United States, 300 F.2d 265, 268 (9th Cir. 1962), Balancing Test Signed by Judge Smith.

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

Filed 06/09/2010
Cross-motions for summary judgment; Government contract case; Internet intercept software leasing agreement; Genuine questions of material fact; Motions denied Signed by Judge Allegra.

10-12C • JESSE RILES, v. THE UNITED STATES,

Filed 06/08/2010
Subject Matter Jurisdiction; Pro Se Standard Constitutional Claims; Tort Claims; Federal Tort Claims Act; 28 U.S.C. § 1346(b); Motion to Transfer; Interest of Justice Signed by Judge Smith.

10-26C • KENNETH BOWLING, v. THE UNITED STATES,

Filed 06/07/2010
Pro Se Claim for Damages for Injuries Incurred During Work at the Navy Public Works Center; No Jurisdiction for Claim Based on Tort Theory of Negligence Signed by Judge Hewitt.

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

Filed 06/04/2010
Expert Witness; Touhy Regulation; Housekeeping Regulation; Ethics in Government Act; 18 U.S.C. § 208; 5 C.F.R. § 2635.805; 32 C.F.R. §§ 516.41, 516.49, 516.52; Government as Litigant; FRE 702; RCFC 26; Conflict of Interest; Fifth Amendment Signed by Judge Block.

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

Filed 06/04/2010
Post-award bid protest; motions to supplement the administrative record; claim of personal bias on the part of the Contracting Officer's Technical Representative; intentional destruction of certain procurement records; FAR Subpart 4.8; limited discovery; spoliation Signed by Judge Lettow.

04-0109C • SOUTHERN CALIFORNIA EDISON COMPANY, v. THE UNITED STATES OF AMERICA,

Filed 06/03/2010
Nuclear Waste Policy Act of 1982; Standard Contract for disposal of spent nuclear fuel and high-level waste; partial breach of contract; damages in mitigation; causation, foreseeability and reasonable certainty of damages; contractually required rate of acceptance; acceptance of Greater-Than-Class-C radioactive waste; damages not incremental to breach; avoided versus deferred costs; risk of uncertainty caused by breach; recovery of overhead; Private Fuel Storage initiative; Allowance for Funds Used During Construction Signed by Judge Baskir.

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