USCFC General Jurisdiction-Reported

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03-103V • TODD SIMANSKI ANDJULIA SIMANSKI, AS PARENTS OF OLIVIA ANNE SIMANSKI, A MINOR, V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/15/2010
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review; dismissal ordered by special master for failure to comply with an order requiring supple- mentation of expert opinion; relaxed adversarial system under Vaccine Act; whether § 300aa-12(d)(3)(B) authorizes fact finding by special master without submissions by both parties; review by United States Court of Federal Claims. Signed by Judge Miller, C..

09-454C • JOYCE TERRY D/B/A SHIRT SHACK V. THE UNITED STATES

Filed 12/15/2010
Bid Protest; Motion to Supplement the Administrative Record; Axiom Res. Mgmt., Inc.; Esch; Evidence Related to Bias or Bad Faith; Beta Analytics Int'l, Inc.; Info Tech. & Appliances Corp.; Failure to Plead Bias or Bad Faith by Contracting Officer; Fed. R. Evid. 701; Opinion Testimony; Best Evidence Rule; Fed. R. Evid. 1002; "Meaningful Judicial Review" Signed by Judge Sweeney.

09-454C • JOYCE TERRY D/B/A SHIRT SHACK V. THE UNITED STATES

Filed 12/15/2010
Post-Award Bid Protest; Army and Air Force Exchange Service; Non-Appropriated Fund Instrumentalities; 28 U.S.C. § 1491(a); Implied-in-Fact Contract Jurisdiction; 28 U.S.C. § 1491(b); "Federal Agency"; 28 U.S.C. § 451; Jurisdiction; RCFC 12(b)(1); Perkins; Administrative Procedure Act, 5 U.S.C. §§ 701-706; Scanwell; W.B. Fishburn Cleaners, Inc.; Ellsworth Bottling Co.; MCI Telecommunications Corp.; Administrative Dispute Resolution Act of 1996; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Submission of a "Claim" to the Contracting Officer; Failure to Allege Bias/Bad Faith Signed by Judge Sweeney.

09-476C • PLANETSPACE INC. V. UNITED STATES OF AMERICA, SPACE EXPLORATION TECHNOLOGIES CORPORATION, AND ORBITAL SCIENCES CORPORATION

Filed 12/14/2010
Post-Award Bid Protest; Trade-off Analysis; Contractor Responsibility; Remand to Agency Signed by Judge Block.

10-708C • HARRIS PATRIOT HEALTHCARE SOLUTIONS, LLC. V. THE UNITED STATES AND STANLEY ASSOCIATES, INC.

Filed 12/14/2010
Competition in Contracting Act (“CICA”), 31 U.S.C. § 3553(d); Automatic Stay; Override of CICA Stay; Mootness; Voluntary Cessation Doctrine; Ripeness; Agency’s Corrective Action; GAO Dismissal of Protest as Academic; Scope of Agency’s Duty to Maintain “Status Quo” Pending Challenge to Award; Government Furnished Equipment; Government Furnished Information; Stay of Action; Retention of Jurisdiction. Signed by Judge Miller, G..

10-472C • KENNETH WAYNE FOR MYHUB GROUP LLC, REAL PARTY IN INTEREST, AND CHRISTIAN OESCH, PRO SE V. THE UNITED STATES

Filed 12/10/2010
Pro se complaint; jurisdiction; unlawful taking stemming from civil forfeiture under Civil Asset Forfeiture Reform Act of 2000, 18 U.S.C. § 981(a)(1)(A), (C)(2006); jurisdiction under 28 U.S.C. § 1355(a), (c)(2006), over actions involving civil forfeitures brought under 18 U.S.C. § 981; transfer statute, 28 U.S.C. § 1631 (2006). Signed by Judge Miller, C..

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

Filed 12/09/2010
Judicial Notice; Dictionary Definitions of Statistical Terms; Prior Trial Testimony in Same Matter; Deposition Testimony. Signed by Judge Hewitt.

08-541C • DELHUR INDUSTRIES, INC. V. THE UNITED STATES

Filed 12/09/2010
Federal Highway Administration Road Construction Contract; Claims Under Contract Disputes Act; Constructive Changes; Delays; Differing Site Conditions; Errors in Plans and Specifications; Contractor’s Burden of Proof to Obtain Equitable Adjustment; Liquidated Damages. Signed by Judge Wheeler.

10-599C • PYRAMID REAL ESTATE SERVICES, LLC V. THE UNITED STATES AND MATT MARTIN REAL ESTATE MANAGEMENT, LLC AND HOMETELOS, LP

Filed 12/09/2010
Bid Protest; Violation of Protective Order; Availability of Sanctions or Remedies; Government and Intervenor Entitled to Reasonable Expenses, Including Attorney’s Fees Signed by Judge Hewitt.

09-638T • THOMAS KEHMEIER V. THE UNITED STATES OF AMERICA

Filed 12/07/2010
Motion to Dismiss; RCFC 12(b)(1); 26 U.S.C. 7422(a); Zero Wage Entry on Tax Return; Valid Tax Return Requirement to Qualify as Claim for Refund; Claim for Refund as Prerequisite for Jurisdiction Signed by Judge Hodges.

05-576T • PRESTOP HOLDINGS, LLC, JL INVESTMENT TRUST, JOHN M. LARSON, GRANTOR/TRUSTEE, TAX MATTERS PARTNER FILING AS NOTICE PARTNER V. THE UNITED STATES

Filed 12/07/2010
Partnership readjustment petition under 26 U.S.C. § 6226; Motion to dismiss; Parameters of judicial review under 26 U.S.C. § 6226; Deposit requirement under 26 U.S.C. § 6226(e)(1); Kislev and Russian Recovery examined – and rejected; Proper application of the Dictionary Act, 1 U.S.C. § 1 – pluralization of statutory terms; Nat’l Bank in St. Louis; Annual accounting principle – Burnet v. Sanford; Analogy to Flora; Context of section 6226(e)(1) – including language of accompanying provisions and the structure of TEFRA – indicates that deposit thereunder need only account for the partner’s taxable year corresponding to the partnership taxable year examined under the FPAA; Motion denied. Signed by Judge Allegra.

10-726C • BONA FIDE CONGLOMERATE, INC. V. THE UNITED STATES

Filed 12/02/2010
Post-award Bid Protest; Temporary Restraining Order; Subject Matter Jurisdiction; Javits-Wagner-O'Day Act, 41 U.S.C. §§ 46-48c; Committee for Purchase From People Who Are Blind or Severely Disabled; Bond. Signed by Judge Williams.

10-675C • MATT MARTIN REAL ESTATE MANAGEMENT LLC, v. THE UNITED STATES,

Filed 12/02/2010
Post-Award Bid Protest; Challenge to Evaluation Plan Employing “Overall” Technical Ratings Based on Consensus Evaluations of Technical Evaluation Team (TET) Signed by Judge Hewitt.

10-803C • DERRICK DEVON GRIFFIN V. THE UNITED STATES

Filed 12/01/2010
Sua Sponte Dismissal Pursuant to RCFC 12(h)(3) for Lack of Subject Matter Jurisdiction Signed by Judge Hewitt.

04-99C • KANSAS GAS & ELECTRIC CO., KANSAS CITY POWER & LIGHT CO., AND KANSAS ELECTRIC POWER COOPERATIVE, INC. V. THE UNITED STATES

Filed 11/30/2010
Contracts; breach of contract; spent nuclear fuel; claim for damages in mitigation of the breach and damages for overhead allocable to capital improvements necessitated by the breach. Signed by Judge Miller, C..

09-798C • LAWNDALE RESTORATION LIMITED PARTNERSHIP, BY AND THROUGH ITS GENERAL PARTNER, BOULEVARD REALTY SERVICES CORPORATION V. THE UNITED STATES

Filed 11/23/2010
Breach of Contract; Default, 24 C.F.R. §§ 207.255(a)(1), 207.255(c); Failure to State a Claim, RCFC 12(b)(6); Illinois Housing Development Act, 20 Ill. Comp. Stat. Ann. 3805/1 – 3805/34; Jurisdiction, 28 U.S.C. § 1491; Limited Partnership, 805 Ill. Comp. Stat. Ann. 215/803(a), (b)(1); Motion to Dismiss, RCFC 12(b)(1), (b)(6); Multifamily Assisted Housing Reform and Affordability Act of 1997, 42 U.S.C. § 1437f note; Multifamily Mortgage Foreclosure Act of 1981, 12 U.S.C. §§ 3701-3717; National Housing Act, 12 U.S.C. §§ 1701-1750jj; Promissory Estoppel; RCFC 12(d) (matters outside pleadings); Statute of Limitations, 28 U.S.C. § 2501; Summary Judgment, RCFC 56; Takings Clause of the United States Constitution, UNITED STATES CONSTITUTION amend. V. Signed by Judge Braden.

10-380C • CHARLES ALLEN TREECE V. THE UNITED STATES

Filed 11/23/2010
Motion to Dismiss under RCFC 12(b)(1); No Jurisdiction over Claims for Social Security Benefits Signed by Judge Hewitt.

10-454C • PHILLIP B. PROCTOR V. THE UNITED STATES

Filed 11/23/2010
Federal Employees’ Compensation Act; Claim for Interest on Retroactive Compensation; Due Process Clause of Fifth Amendment; Subject Matter Jurisdiction; Failure to State a Claim upon Which Relief Can Be Granted. Signed by Judge Wheeler.

REDACTED • JOHN DOE V. THE UNITED STATES

Filed 11/22/2010
Takings; inverse condemnation claim; military takings claim; breach of contract; motion to dismiss pursuant to RCFC 12(b)(1), (6); Tucker Act, 28 U.S.C. §1491(a)(1) (2006); jurisdiction; justiciability; enemy property doctrine; military necessity doctrine involving Operation Iraqi Freedom; standing; substantial connections to the United States by Iraqi nonresident alien for takings claim of extraterritorial property; claim for inverse condemnation; Totten bar (Totten v. United States, 92 U.S. 105 (1875)); elements of express contract and implied-in-fact contract. Signed by Judge Miller, C..

10-480C • BILFINGER BERGER AG SEDE SECONDARIA ITALIANA V. THE UNITED STATES AND COOPERATIVA MURATORI RIUNITI

Filed 11/19/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(b); Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Unreasonable Delay; Laches; Standing; A & D Fire Protection, Inc.; Dismas Charities, Inc.; Implied-in-Fact Contract; Resource Conservation Group, LLC; Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms; Public Interest Signed by Judge Sweeney.

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