USCFC General Jurisdiction-Reported

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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.

04-1366C • SPECTRUM SCIENCES AND SOFTWARE, INCORPORATED V. THE UNITED STATES

Filed 02/14/2011
Government contract; Trial; Breach of Cooperative Research and Development Agreement (CRADA); Damages; Foreseeability; Causation; Reasonable certainty; Consequential damages; Loss of income-producing asset – distinguished from lost profits; First Federal Lincoln Bank; Determination of value of Spectrum’s proprietary information lost as the result of breach; Consideration of procurement contract in setting value; Number of units sold; Sales price; Delivery schedule; Profit margin; Discount factor; Value of lost asset determined; Damages awarded. Signed by Judge Allegra.

08-536L • LOVE TERMINAL PARTNERS, ET AL. V. THE UNITED STATES

Filed 02/11/2011
Failure to State a Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6); Partial Summary Judgment; RCFC 56; Fifth Amendment Taking; Physical and Regulatory Takings; Loretto; Wright Amendment Reform Act of 2006; Ripeness; Williamson County Reg’l Planning Comm’n; Fallini; Omnia Commercial Co.; Objections to Proposed Findings of Fact; Discovery; RCFC 56(f); No Genuine Issue of Material Fact; Judicial Estoppel; Statutory Construction; Canon of Constitutional Avoidance; Unfunded Mandates Reform Act Signed by Judge Sweeney.

09-75L • KLAMATH TRIBE CLAIMS COMMITTEE V. THE UNITED STATES

Filed 02/11/2011
Tribal claims; Motion to dismiss under RCFC 12; RCFC 12(b)(1) – lack of jurisdiction; 28 U.S.C. § 2501 – six-year statute of limitations; Claims arising in 1961 and 1973 held untimely; RCFC 12(b)(6) – failure to state a claim; RCFC 19 – joinder question resolved before reaching merits; RCFC 19(a) – joinder where person’s absence prevents court from according complete relief or where absentee has interest relating to the subject matter of the action; Klamath Tribes required party under RCFC 19(a); Sovereign immunity; Invitation to intervene under RCFC 24. Signed by Judge Allegra.

10-855C • DIGITALIS EDUCATION SOLUTIONS, INC. V. THE UNITED STATES

Filed 02/11/2011
Bid protest; standing; prejudice; “substantial chance”; 10 U.S.C. § 2304; FAR 6.3 Signed by Judge Bruggink.

10-191C • ENVIRONMENTAL SAFETY CONSULTANTS, INC., ET AL., V. THE UNITED STATES

Filed 02/11/2011
Motion to Dismiss; Six-Year Statute of Limitations under the Contract Disputes Act, Pub. L. No. 111-350, § 7103(a)(4)(A) Signed by Judge Hewitt.

**-***V •

Filed 02/11/2011
Review of special master’s decision; National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 et seq.; causation-in-fact; Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005); Hepatitis B vaccination; fibromyalgia; reliance upon contemporaneous medical records; challenge-rechallenge model; special master not bound by his prior decision where facts are different from case at bar Signed by Judge Miller, G..

10-488C • ALBERT L. WILLIS, et al. V. THE UNITED STATES

Filed 02/09/2011
Pro se; Subject Matter Jurisdiction; Motion to Dismiss; Civil Rights Claims; Transfer to Cure Want of Jurisdiction, 28 U.S.C. § 1631 Signed by Judge Damich.

10-432C • HI-TECH BED SYSTEMS, CORP. V. THE UNITED STATES OF AMERICA

Filed 02/08/2011
General Services Administration Federal Supply Schedule; contract administration claim versus bid protest claim; responsibility of agency contracting officer to ensure compliance of GSA FSS contracts; “in connection with” a procurement; protesting a term of a solicitation preaward; Supplementation of the Administrative Record Signed by Judge Baskir.

06-491L • WALLACE OENGA, ET AL., V. THE UNITED STATES

Filed 02/08/2011
Motions for Reconsideration; Damages Signed by Judge Firestone.

07-816L • THE GEORGE FAMILY TRUST, BY AND THROUGH ITS TRUSTEES, JOHN P. GEORGE, JULIA P. PAPA, AND JERRY GEORGE, TRUSTEES V. THE UNITED STATES

Filed 02/08/2011
Takings claims for flooding and flood damage; showing of causation; summary judgment, RCFC 56(c); inverse condemnation Signed by Judge Miller, C..

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

Filed 02/08/2011
Granting Motion for Reconsideration of Use of Gravity-Adjustment Scales from Joint Database for Certain Koch Transactions Signed by Judge Hewitt.

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

Filed 02/07/2011
Fifth Amendment Rails-to-Trails Takings Claim; Partial Summary Judgment for Defendant; Interpretation of Deeds to Railroad; Deeds Conveyed Title in Fee Simple to Railroad Signed by Judge Hewitt.

10-249C • COMMISSIONING SOLUTIONS GLOBAL, LLC V. THE UNITED STATES

Filed 02/07/2011
Bid Protest; Judgment on the Administrative Record; Past Performance; Best Value; Standing Signed by Judge Damich.

10-249C • COMMISSIONING SOLUTIONS GLOBAL, LLC V. THE UNITED STATES

Filed 02/07/2011
Bid Protest; Judgment on the Administrative Record; Past Performance; Best Value; Standing Signed by Judge Allegra.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P. V. THE UNITED STATES

Filed 02/02/2011
Post-Award Bid Protest; Reconsideration; Rule 54(b); Rule 59; Supplementing the Administrative Record; Allegations of Bad Faith and Bias Signed by Judge Williams.

10-682C • ACROW CORPORATION OF AMERICA V. THE UNITED STATES AND MABEY BRIDGE & SHORE, INC.

Filed 02/02/2011
Post-award protest; 28 U.S.C. § 1491(b)(1) (2006); responsibility determination, 48 C.F.R. (FAR) § 9.103 (2010); motion for injunction pending appeal, RCFC 62(c) Signed by Judge Miller, C..

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

Filed 01/31/2011
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d); Fees and Expenses “Incurred”; Lack of Substantial Justification for Government’s Position; Absence of Special Circumstances Making an Award Unjust; Fee Reduction for Partial Success; Absence of Special Factors That Would Justify Exceeding Statutory Cap on Hourly Rates; Cost of Living Adjustment; Recovery of Taxable Costs Under 28 U.S.C. § 1920, 28 U.S.C. § 2412(a); Recovery of Expenses Pursuant to EAJA, 28 U.S.C. § 2412(d)(1)(A) Signed by Judge Miller, G..

10-725C • FULCRA WORLDWIDE, LLC. V. THE UNITED STATES

Filed 01/31/2011
Post-Award Bid Protest; Lowest Price Technically Acceptable Source Selection Method; Effect of Significant Price Differences; Allegations of Relaxed or Changed Requirements; Agency Evaluation of Technical Proposals; Price Realism Analysis; Bait and Switch Allegation Regarding Proposed Key Personnel; Supplementing the Administrative Record Signed by Judge Wheeler.

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