USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-832C • RAM ENERGY, INC., v. THE UNITED STATES,

Filed 08/31/2010
Offshore oil and gas lease;Motion to dismiss; RCFC 12(b)(1); Statute of Limitations; Restitution; Accrual suspension doctrine; "Inherently unknowable" Signed by Judge Bruggink.

09-268C • PETER C. NWOGU, d/b/a, ENVIRONMENTAL SAFETY CONSULTANTS, INC., v. UNITED STATES,

Filed 08/30/2010
Jurisdiction; Contract Disputes Act; Board of Contract Appeals; Election of Forum; Setoff; Civil Rights; Quantum Meruit; Punitive Damages; Fifth Amendment Taking Signed by Judge Horn.

XX-XXXV • JANE DOE 60, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 08/30/2010
Motion for Review of Special Master’s Decision; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-1, et seq.; Hepatitis B Vaccine; Transverse Myelitis, Chronic Fatigue Syndrome, Systemic Lupus Erythematosus; Preponderance of the Evidence Signed by Judge Horn.

07-861C • WYOMING SAWMILLS, INC., v. THE UNITED STATES,

Filed 08/26/2010
Motion For Summary Judgment,RCFC 56(c); National Forest Management Act of 1976,16 U.S.C. § 472a; 36 C.F.R. § 223.52(a)(1), (b)(2), (b)(3), (c) Signed by Judge Braden.

09-702T • ESTATE of MICHAEL ORLANDO, v. THE UNITED STATES,

Filed 08/26/2010
Motion to Dismiss RCFC 12(b)(1);Timeliness of Action Challenging a Tax Assessment Against an Alleged “Responsible Person” under 26 U.S.C. § 6672; 26 U.S.C. § 6532(a)(1) Statute of limitations; No Equitable Exceptions to Filing Period; Prerequisites for Extension Not Met, 26 C.F.R. § 301.6532-1(b) Signed by Judge Firestone.

10-105L • WILLIAM CARLO JACHETTA v. THE UNITED STATES

Filed 08/26/2010
28 U.S.C. § 1500: (i) Where an action filed in this court arises from the same set of operative facts and seeks the same relief as an earlier-filed action in another forum, the earlier-filed action is pending for purposes of section 1500 until its final adjudication on appeal or until the time for appeal has run. (ii) A post-judgment motion under FRCP 60(a) for correction of a clerical error is a pending suit or process within the meaning of section 1500. 28 U.S.C. § 2501: (i) The accrual of a cause of action begins with the invasion of a legal right. (ii) An applicant for a Native allotment acquires equitable title to the land and hence a legal right to sue for its invasion when a final administrative adjudication confirms the applicant’s qualification and entitlement to award. Signed by Judge Wiese.

10-416C • HOMESOURCE REAL ESTATE ASSET SERVICES, INC., v. THE UNITED STATES,

Filed 08/25/2010
Post-Award Bid Protest; Standing; Supplementation of the Administrative Record; Past Performance Rating; Responsibility Determination; Technical Evaluation; Competition Limited to Federal Supply Service Schedule 520 Contractors Signed by Judge Hewitt.

10-335C • OFFICE DEPOT, INC., v. THE UNITED STATES, STAPLES, INC., Intervenor-defendant

Filed 08/24/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(b)(1)(2006); Jurisdiction for Protests Against FDIC Contract Awards; Waiver of Challenges to a Solicitation; Evaluation of Proposals; Clarifications, Prejudice Signed by Judge Bush.

10-335C • OFFICE DEPOT, INC., v. THE UNITED STATES, STAPLES, INC., Intervenor-defendant

Filed 08/23/2010
Motion to Supplement Administrative Record with Deposition Testimony; Allegation of Bias Signed by Judge Bush.

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

Filed 08/23/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(a) and (b); Administrative Dispute Resolution Act; Jurisdiction; Implied-in-Fact Contract Jurisdiction in a Procurement Protest; Statutory Construction Signed by Judge Williams.

REDACTED • [N G], v. THE UNITED STATES,

Filed 08/20/2010
Military pay; review of administrative discharge board action; evidentiary burden required under arbitrary or capricious standard; evidentiary rulings; command influence; waiver of argument; due process rights Signed by Judge Miller, C..

09-246C • ALBERT HWANG v. THE UNITED STATES

Filed 08/19/2010
Pro se Plaintiff; Title VII of the Civil Rights Act; Fifth and Fourteenth Amendment; Lack of Subject Matter Jurisdiction; Military Pay Act; Request for Reinstatement in the Armed Forces; Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted; Motion for Judgment on the Administrative Record. Signed by Judge Wheeler.

10-257C • PITNEY BOWES GOVERNMENT SOLUTIONS, INC. v. UNITED STATES

Filed 08/19/2010
Post-award bid protest; motions for judgment on the administrative record; claims of spoliation of evidence, personal bias on the part of the Contracting Officer’s Technical Representative, and failure to perform a proper technical evaluation Signed by Judge Lettow.

09-258C • GLADYS S. VANDESANDE v. THE UNITED STATES

Filed 08/18/2010
Breach of Contract; Motion to Dismiss; Title VII; Settlement Agreement; Consent Decree; EEOC Signed by Judge Damich.

09-742T • JOHN R. GORSKI, v. THE UNITED STATES,

Filed 08/17/2010
Anti-Assignment Act, 31 U.S.C. § 3727(b); Internal Revenue Code, 26 U.S.C. § 6013(d)(3); RCFC 19(a), Required Joinder of Parties Signed by Judge Braden.

04-1593V • DR. YULIYA DOBRYDNEVA and DR. BORIS DOBRYDNEV, Parents of ILYA DOBRYDNEV, a Minor vs. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/17/2010
Causation In Fact; De Novo Review; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-10, et seq.; Vaccine Rule 3(b), 8(c), 27(c); RCFC 60. Signed by Judge Braden.

10-481C • NAVARRO RESEARCH AND ENGINEERING, INC. vs. THE UNITED STATES and PORTAGE, INC.

Filed 08/16/2010
Bid protest; mandatory postaward debriefing; automatic stay; standing; task order contract; 28 U.S.C. § 1491; 41 U.S.C. § 253j Federal Supply Schedule; FAR Part 8.4 Signed by Judge Bruggink.

06-245T, 06-246T and 06-247T • Murfam Farms, LLC, PSM FARMS, LLC, MURPHY PORK PARTNERS, LLC vs. THE UNITED STATES

Filed 08/16/2010
Tax; partnership-level proceeding; Son of BOSS tax shelter; accuracy-related penalties, I.R.C. § 6662; reasonable cause and good faith, I.R.C. § 6664. Signed by Judge Damich.

07-579C • BLR GROUP OF AMERICA, INC., v. THE UNITED STATES,

Filed 08/16/2010
Mootness; Reconsideration; Jurisdiction; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Performance Evaluation; Definition of Claim; Contracting Officer’s Decision; Deemed Denial Signed by Judge Sweeney.

09-291T • ESTATE OF DAVID RUBINSTEIN, v. THE UNITED STATES,

Filed 08/13/2010
Motion for Enlargement of Time; Discovery Dispute; Deposition Testimony; Motion to Compel Production of Documents; Scope of Discovery; RCFC 26; Relevance and Admissibility of Evidence; Fed. R. Evid. 401 Signed by Judge Sweeney.

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