USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-10C • FRANCIS AKINRO, v. UNITED STATES,

Filed 02/17/2010
Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915; Due Process; Tort Signed by Judge Horn.

08-501C • PUBLIC SERVICE COMPANY OF OKLAHOMA, v. THE UNITED STATES,

Filed 02/16/2010
Contracts; Implied Waiver of Contract Provision; Effect of Non-Waiver Clause Signed by Judge Bush.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P., v. THE UNITED STATES, and LOCKHEED MARTIN AERONAUTICS COMPANY, (Intervenor)

Filed 02/16/2010
Post Award Bid Protest; Supplementation of Administrative Record; Allegations of Bias and Bad Faith; Applicability of Federal Rules of Evidence to Extra-Record Evidence in Bid Protest; Hearsay; Fed. R. Evid. 801(d)(2)(D); 803(8); 803(6); 404; 406 Signed by Judge Williams.

09-301C • MARYLAND ENTERPRISE, L.L.C., v. THE UNITED STATES,

Filed 02/15/2010
Anti-Assignment Acts, 31 U.S.C. § 3737,41 U.S.C. § 15; Anticipatory Repudiation; Cardinal Change of Contract; Cure Notice; Declaratory Judgment; Federal Acquisition Regulations, 48 C.F.R. § 552.270-13 (Itemized Cost Proposal); 48 C.F.R. § 552.270-14 (Changes Clause); 48 C.F.R. § 52.233-1 (Disputes Clause); Federal Property and Administrative Services Act of 1949, 40 U.S.C. § 490(h)(1); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Real Party In Interest, RCFC 17(a); Receivership; Standing; Tenant Improvement Allowance; Termination for Default Signed by Judge Braden.

06-491L • WALLACE OENGA, GEORGENE SHUGLUK, LEROY OENGA, SR., MICHAEL DELIA, TONY DELIA, JOSEPH DELIA, JENNIE MILLER, and TRINITY DELIA, v. THE UNITED STATES, and BP EXPLORATION

Filed 02/12/2010
Damages for Breach of Trust Responsibility; 25 C.F.R. Part 162 Alaska Native Allotment; Oil and Gas Production; Restitution; Oil Trespass; Continuing Claim Doctrine; Interest Signed by Judge Firestone.

09-445C • LEON TASBY, v. THE UNITED STATES,

Filed 02/03/2010
Pro Se Standard; Motion to Dismiss;Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1495; 28 U.S.C. § 2513; Tort Claims; Constitutional Claims; Statutory Claims; 28 U.S.C. § 2254; 42 U.S.C. § 1983 Signed by Judge Smith.

08-430C • LB&B ASSOCIATES INC., v. THE UNITED STATES,

Filed 02/03/2010
Summary Judgment; Hazardous Waste Management Services Contract; Constructive Change of a Contract; Equitable Adjustment of a Contract Signed by Judge Hewitt.

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

Filed 02/02/2010
Summary Judgment; RCFC 56(1)(c); Denial; Questions of Fact Remain Signed by Judge Smith.

Nos. 02-1916T, 02-1917T, 02-1918T, 02-1919T, 02-1920T,02-1921T, 02-1922T, 02-1923T, 02-1924T, 02-1925T • CENCAST SERVICES, L.P., et al., v. THE UNITED STATES,

Filed 02/02/2010
Attorney-client privilege; claw back of documents pursuant to RCFC 26(b)(5)(B); attorney-to-client communications; adequacy of privilege log; in camera review of documents claimed to be privileged; confidential communication of publicly available information to an attorney to obtain legal advice; uncommunicated attorney notes; Internal Revenue Code § 6103; taxpayer-specific return information Signed by Judge Miller, G..

92-550C • NORTHEAST SAVINGS, F.A., v. THE UNITED STATES,

Filed 02/01/2010
Winstar Damages; Lost Profits; Cost of Capital; "Wounded Bank" Damages; Jury Verdict Signed by Judge Williams.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE, v. THE UNITED STATES,

Filed 02/01/2010
Tribal trust case; Motion for stay pending further appellate review of Federal Circuit's denial of mandamus petition; Fiduciary exception to the attorney-client privilege; Weak showing of likelihood of success; Alleged irreparable harm not demonstrated; Damage to plaintiff based on further delay; Public interest; Motion denied; Production deadline extended to allow for filing of petition for rehearing Signed by Judge Allegra.

08-700C • JAY ANTHONY DOBYNS, v. THE UNITED STATES,

Filed 02/01/2010
Contract case; Motion to dismiss under RCFC 12(b)(1) and (b)(6); Jurisdiction; Tort claim arising primarily under contract; Breach of settlement agreement; Agreement to comply with applicable laws; Breach of covenant of good faith and fair dealing; Failure to state a claim; Twombly and Iqbal examined; Impact on Conley; Plausibility standard; Second amended complaint stated plausible breach claims; Freedom of Information Act Signed by Judge Allegra.

06-760 L • JOHN R. MILDENBERGER, et al. v. The United States

Filed 01/29/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction RCFC 12(b)(1); Motion for Summary Judgment RCFC 56; Fifth Amendment Takings Claim. Signed by Judge Bush.

09-735C • ESTERHILL BOAT SERVICE CORPORATION, v. THE UNITED STATES OF AMERICA,

Filed 01/28/2010
Prejudice; Error or Ambiguity in Solicitation; Jurisdiction; Waiver; Standing; Blue & Gold Fleet, L.P. v. United States; Weeks Marine, Inc. v. United States; Impresa Construzioni Geom. Domenico Garufi v. United States; "Interested Party"; "Economic Interest"; 10 U.S.C. § 2305(a)(1)(B)(ii); Contract Services Act; Agency Needs; Unlawfully Restricted Competition; Competitive Range; Federal Acquisition Regulation Signed by Judge Hodges.

97-334C • CCA ASSOCIATES, v. UNITED STATES,

Filed 01/28/2010
Post-trial decision on claims for breach of contract and of a taking arising from statutory recisson of a prepayment right for a mortgage attendant to a government-subsidized low- and moderate-income housing project; Emergency Low Income Housing Preservation Act of 1987; Low Income Housing Preservation and Resident Homeownership Act of 1990; privity of contract; Penn Central takings analysis; duration of restriction; reasonable investment-backed expectations; economic impact of the governmental action; just compensation Signed by Judge Lettow.

08-877C • K-MAR INDUSTRIES, INC. v. THE UNITED STATES

Filed 01/26/2010
Bid Protest; 5 U.S.C. § 706; Arbitrary and Capricious, Abuse of Discretion, and Otherwise Not in Accordance with Law Standard; Rational Basis; Service Contract Act, 41 U.S.C. § 351; 48 C.F.R. § 52.222-46; 48 C.F.R. § 22.1103; Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007) Signed by Judge Smith.

07-166C • PAUL E. DOLAN v. THE UNITED STATES

Filed 01/26/2010
Military pay; review of military correction board action; disability pay; simultaneous processing requirement; Army Reg. 600-8-24 ¶ ¶ 1-22, 1-23; Army Reg. 635-40 ¶ 4-4; whether Army required to retain service member for disability processing after Secretary of the Army approved his general discharge; harmless error. Signed by Judge Miller, C..

94-136V • TIMOTHY MCCOLLUM and LEE ANN MCCOLLUM, as Parents and Natural Guardians of GRANT F. MCCOLLUM v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/26/2010
Review of special master's decision; National Childhood Vaccine Injury Act, 42 U.S.C. § § 300 aa-1 et seq.; damages for parent's lost wages; expenses of home attendant; compensating parent for caring for child; motion for relief from judgment; RCFC 60(b)(6); extraordinary circumstances; deterioration in health of child Signed by Judge Miller, G..

09-737C • DMS ALL-STAR JOINT VENTURE v. THE UNITED STATES

Filed 01/26/2010
Pre-Award Bid Protest; Review of Procurement for Indefinite Delivery, Indefinite Quantity (IDIQ) Job Order Contract; Price Realism Analysis; Meaningful and Fair Discussions. Signed by Judge Bush.

09-414C • Henry E. Gossage V. THE UNITED STATES

Filed 01/14/2010
Army Regulation, 40-501 (Standards of Medical Fitness); Correction of Military Records; Disability Retirements; DOD Directive 1332.18; Judgment on the Administrative Record, RCFC 52.1; Justiciability; Pro Se; Statute of Limitations; Tucker Act, 28 U.S.C. § 1491(a); 10 U.S.C. § 1201(a); 10 U.S.C. § 1552(b); 38 U.S.C. § § 110, 1130. Signed by Judge Braden.

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