USCFC General Jurisdiction-Reported

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08-889T & 09-55T • PAM SCHULTZ, & KELLI SILVER, as Personal Representative of the Estate of Bill W. Parsons, v. THE UNITED STATES,

Filed 04/16/2010
Internal Revenue Code § § 165(a), 6511(d), 7422; tax refund suit; statute of limitations; evidentiary hearing; jurisdiction Signed by Judge Williams.

09-471C • MARK D. LEITNER, v. THE UNITED STATES,

Filed 04/16/2010
Pro Se Standard; Motion to Dismiss;Subject Matter Jurisdiction; RCFC 12(b)(1) Signed by Judge Smith.

09-208C • TIMOTHY O. HOLMES, v. THE UNITED STATES,

Filed 04/15/2010
Motion to Dismiss for Breach of Contracts Granted Because Settlement Agreements Did Not Mandate Payment of Money for Breach and Statutes of Limitation Have Expired Signed by Judge Hewitt.

09-63C • U.S. HOME CORPORATION, BEECHWOOD AT EDISON, LLC, BEECHWOOD SHOPPING CENTER, LLC, v. THE UNITED STATES,

Filed 04/15/2010
Contracts; 28 U.S.C. § 1500(2006); Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § § 9601-9675 (2006); RCFC 12(b)(1); RCFC 12(b)(6); Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion; No Exclusivity of CERCLA Remedies for Breach of Deed Covenants; Jurisdiction over Breach of Implied-in-Fact Contract Claim; No Money-Mandating Statute Signed by Judge Bush.

03-785L, 04-1456L, 04-1457L, 04-1458L, 04-1459L, 04-1463L, 04-1465L,04-1466L, 04-1467L, 04-1468L, 04-1469L, 04-1471L, 04-1472L, 04-1473L, 04-1474L • WARREN BERES and VICKI BERES, et al., v. UNITED STATES,

Filed 04/12/2010
Fifth Amendment Takings Claim; Rails to Trails; Rooker-Feldman Doctrine; Collateral Estoppel; Privity; Virtual Representation Signed by Judge Horn.

08-830C • MIKE'S CONTRACTING , LLC, v. THE UNITED STATES,

Filed 04/12/2010
Motion for Summary Judgment; Fifth Amendment Taking; Personal Property; No Property Interest in Airworthiness Certificate or Commercial use of Aircraft; No Jurisdiction over Tort Claim Signed by Judge Firestone.

06-87L • SCHOONER HARBOR VENTURES, INC., v. UNITED STATES,

Filed 04/10/2010
Fifth Amendment Takings Claim; Motion to Dismiss; Ripeness; Futility Signed by Judge Horn.

05-249C • NYCAL OFFSHORE DEVELOPMENT CORP., v. THE UNITED STATES,

Filed 04/09/2010
Election of Remedies; Forced Election; Indivisible Contract;Inconsistent Remedies; Restitution; Expectancy Damages Signed by Judge Bruggink.

09-750C • INFINITI INFORMATION SOLUTIONS, LLC, v. UNITED STATES,

Filed 04/09/2010
Protest of an award made pursuant to Section 8(a) of the Small Business Act,15 U.S.C. § 637; applicability of 13 C.F.R. § 124.503(e); statement of work released; illegal sole source Signed by Judge Lettow.

09-237C • THE LEGAL AID SOCIETY OF NEW YORK, v. THE UNITED STATES,

Filed 04/08/2010
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Breach of Contract; Meeting of the Minds; Intent to Contract; Ancillary Equitable Relief Signed by Judge Firestone.

10-120C • ALLIED TECHNOLOGY GROUP, INC., v. UNITED STATES, and MONSTER GOVERNMENT SOLUTIONS, LLC, Defendant-Intervenor

Filed 04/02/2010
Post-award Bid Protest ; Supplementing the Administrative Record; RCFC, Appendix C, ¶ 22(u); Effective Judicial Review; Documents Before the Contracting Officer; Exclusion of Opinion Declarations Prepared After Award Signed by Judge Wheeler.

09-514T • KERRY LYNN EDWARDS, v. THE UNITED STATES,

Filed 03/31/2010
Motion to Dismiss; Claim for Individual Tax Refund; Informal Claim Doctrine; Form 4868: "Application for Automatic Extension of Time To File U.S. Individual Income Tax Return" Signed by Judge Hewitt.

04-74C c/w 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. THE UNITED STATES,

Filed 03/30/2010
Trial Decision on Remand; Damages for Government's Partial Breach of Contract to Accept Spent Nuclear Fuel; Mandate Rule Signed by Judge Hewitt.

09-392C • PAUL M. DEAN, JR., v. THE UNITED STATES,

Filed 03/29/2010
RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Wrongful Discharge Claim; Military Pay Act, 37 U.S.C. § 204; Disability Retirement Claim; 10 U.S.C. § 1201; Administrative Procedure Act, 5 U.S.C. § § 701-706; Equitable Tolling; Tolling of Statute of Limitations Due to Legal Disability or Mental Impairment; Chambers; Friedman; Goewey; Martinez; Real; Ware; Servicemembers Civil Relief Act, 50 U.S.C. app. § 526; Diamond; "Active Duty"; DD Form 214; 10 U.S.C. § 1211; Binding Precedent Signed by Judge Sweeney.

07-67C • BIOFUNCTION, LLC, v. UNITED STATES OF AMERICA,

Filed 03/26/2010
Actual Authority; Implied Actual Authority;Implied-in-Fact Contract; Institutional Ratification; Unjust Enrichment; Implied Duties of Good Faith and Fair Dealing; Contract Extensions Signed by Judge Hodges.

10-50C • ESKRIDGE RESEARCH CORPORATION, v. THE UNITED STATES, BOWHEAD SCIENCE AND TECHNOLOGY, LLC, Defendant-Intervenor

Filed 03/26/2010
Bid Protest; Preliminary Injunction; Tucker Act jurisdiction, 28 U.S.C. § 1491(b); Competition in Contracting Act; Mootness; Ripeness; Dispute Between Private Parties; Bridge Contract; National Security Signed by Judge Firestone.

09-456L • STACY SINGLETON, et al., v. THE UNITED STATES,

Filed 03/24/2010
Rails to Trails; Class Action Certification Signed by Judge Damich.

09-675C • MADISON SERVICES, INC., v. UNITED STATES OF AMERICA,

Filed 03/23/2010
Bid Protest; Negotiated Procurement; Cancellation; FAR 15.206(e); FAR 15.305(b); APA Standard of Review; Rational Basis; Presumption of Regularity and Good Faith Signed by Judge Block.

09-872C • DATAMILL, INC., v. THE UNITED STATES,

Filed 03/23/2010
Bid Protest; Subject Matter Jurisdiction; RCFC 12(b)(1); Competition in Contracting Act of 1984, 31 U.S.C. § § 3551-3556;Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e); Statutory Interpretation; "In Connection With" the "Issuance" or "Proposed Issuance" of a Delivery Order; Global Computer Enterprises, Inc.; Distributed Solutions, Inc.; Savantage Financial Services, Inc. Signed by Judge Sweeney.

09-872C • DATAMILL, INC., v. THE UNITED STATES,

Filed 03/23/2010
Bid Protest; Motion for Discovery; Motion to Supplement the Administrative Record; Deposition Testimony; Axiom Resource Management, Inc.; Global Computer Enterprises, Inc.; Motion to Strike; Proffered Declaration; Personal Knowledge; Fed. R. Evid. 602; Opinion Testimony; Fed. R. Evid. 701; Hearsay; Fed. R. Evid. 803; Relevance; Fed. R. Evid. 401, 402; Testimony Related to the Merits; Allegations of Fraud or Bias Signed by Judge Sweeney.

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