USCFC General Jurisdiction-Reported

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03-2264C • A.F.T.E.R., INC., et al., v. THE UNITED STATES,

Filed 05/11/2010
RCFC 41(a)(1),Voluntary Dismissal; RCFC 59,Reconsideration, Altering Or Amending A Judgment; RCFC 60, Relief From A Judgment Or Order Signed by Judge Braden.

08-63C • THOMAS R. STINE, v. THE UNITED STATES,

Filed 05/10/2010
Navy disability evaluation system; Informal and Formal Physical Evaluation Boards ("PEBs"); waiver of formal PEB determination; legal competence; scope of waiver of hearing before formal PEB; Veterans Administration Schedule for Rating Disabilities ("VASRD"); Navy's use of VASRD to assess fitness for military duty; deference to determinations of the Board for Correction of Naval Records ("BCNR"); 10 U.S.C. § 1552(a)(1); 32 C.F.R. § 723.3(e)(2); BCNR's credibility determinations Signed by Judge Miller, G..

04-1335C • JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, et al. v. THE UNITED STATES,

Filed 05/07/2010
Class Action; Motion for approval of proposal settlement; RCFC 23(e); Settlement found to be fair, reasonable and adequate; Motion granted Signed by Judge Allegra.

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

Filed 05/04/2010
Motions In Limine to Strike Expert Reports; RCFC 26; FRE 702; Daubert Signed by Judge Hewitt.

99-550L into which has been consolidated No. 00-169 L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES OF AMERICA,

Filed 04/30/2010
Indian Trust Claim; Confederated Tribes of the Warm Springs Reservation v. United States; Damages for Breach of Trust Obligations; Breach of Duty to Make Prompt Deposits; Breach of Duty to Invest Prudently Signed by Judge Hewitt.

05-448C • RAYTHEON COMPANY, v. THE UNITED STATES,

Filed 04/29/2010
Partial Summary Judgment; Post-Retirement Benefits; Segment Closing Adjustment; Cost Accounting Standards; CAS 403, 48 C.F.R. § 9904.403; CAS 412, 48 C.F.R. § 9904.412; CAS 413, 48 C.F.R. § 9904.413; FAR 205-6(o), 48 C.F.R. § 31.205-6(o) Signed by Judge Firestone.

99-172C • GENERAL ELECTRIC COMPANY, v. THE UNITED STATES,

Filed 04/29/2010
Partial Summary Judgment; Post-Retirement Benefits; Segment Closing Adjustment; Cost Accounting Standards; CAS 403, 4 C.F.R. § 403; CAS 406, 4 C.F.R. § 406.40; CAS 412; 4 C.F.R. § 412; CAS 413, 4 C.F.R. § 413; FAR 205-6(o), 48 C.F.R. § 31.205 6(o)(1) Signed by Judge Firestone.

No. 09-804C Consolidated with No. 09-805C • MANTECH, INC., v. THE UNITED STATES

Filed 04/29/2010
Pre-award Bid Protest; Competitive Range Determination; Indefinite Delivery / Indefinite Quantity Contract; Price Realism. Signed by Judge Bruggink.

09-758C • HYPERION, INC., v. THE UNITED STATES,

Filed 04/29/2010
Pre-award Bid Protest; Competitive Range Determination; Indefinite Delivery/Indefinite Quantity Contract Signed by Judge Bruggink.

09-398C • MAURICE GRAYTON, v. THE UNITED STATES,

Filed 04/28/2010
Pro Se Plaintiff; Takings Claim Founded on a Suggestion Offered to a Federal Agency for which No Payment Was Received Signed by Judge Bush.

06-472C • TDM AMERICA, LLC, v. THE UNITED STATES,

Filed 04/27/2010
Claim for Infringement of Process Patent; Treatment of Waste Materials; Summary Judgment; Literal Infringement; Doctrine of Equivalents; Application of "Batch" and "Weighing" Limitations; Discovery Sanctions Signed by Judge Wheeler.

09-476C • PlanetSpace Inc., v. United States of America, Space Exploration Technologies Corporation, Intervenor, and Orbital Sciences Corporation, Intervenor

Filed 04/26/2010
Bid Protest; Laches; FRE 408; Application of U.S. Space Transportation Policy; Supplementing the Administrative Record; Undisclosed Evaluation Criteria; Past Performance; Contractor Responsibility; Tradeoff Analysis; Evidentiary Weight of Previous GAO Testimony; Remand to Agency Signed by Judge Block.

09-81L • WILLIAM C. WEBSTER, ET AL., v. THE UNITED STATES,

Filed 04/23/2010
Cross-Motions for Reconsideration; Taking; Uniform Relocation Assistance and Real Property Acquisition and Policies Act Signed by Judge Hewitt.

07-854C • FRANCES L. GREENHILL, v. THE UNITED STATES,

Filed 04/23/2010
Settlement agreement; employment reference; background inquiry; implied covenant of good faith and fair dealing; predicates for and calculation of expectancy damages Signed by Judge Miller, G..

09-442C • RICKIE J. YOUNG, v. THE UNITED STATES,

Filed 04/22/2010
Motion to Dismiss; Claim Preclusion; Final Judgment on the Merits; Jurisdiction; Issue Preclusion; Statute of Limitations; 10 U.S.C. § 1174 Signed by Judge Sweeney.

10-109C • SHAMROCK FOODS COMPANY, v. THE UNITED STATES,

Filed 04/22/2010
Post-Award Bid Protest; Standing of Non-Bidder; Waiver of Right to Protest Solicitation Term Signed by Judge Bush.

10-174C • JONES AUTOMATION, INC., v. THE UNITED STATES,

Filed 04/22/2010
Bid protest case; Application for a temporary restraining order; Injunctive factors; No likelihood of success on the merits where extreme likelihood that court lacks jurisdiction; Issuance of restraining order not in the public's interest; Other factors did not counterbalance court's findings; Application denied Signed by Judge Allegra.

09-378C • OMAR 'ADBEL-AL-MU'MIT, AKA JOHN JAMES BELL, v. THE UNITED STATES

Filed 04/19/2010
Pro Se Standard; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Military Back-Pay; Claim Time-Barred by Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Smith.

08-12C • JEROME A. MAHER, et al., v. THE UNITED STATES,

Filed 04/19/2010
Res Judicata: A party is barred from relitigating a claim, even if it is brought under a different legal theory, where the earlier action involved the same parties, arose from the same transaction, and necessarily resolved the issues presented in the subsequent action Signed by Judge Wiese.

09-473C • METROPOLITAN VAN AND STORAGE, INC., v. UNITED STATES, v. GUARDIAN MOVING AND STORAGE CO., INC.,

Filed 04/16/2010
Post-Award Bid Protest; Low Price Technically Acceptable Offeror; Mootness; Past Performance; Technical Evaluation; Price Evaluation Signed by Judge Horn.

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