USCFC General Jurisdiction-Reported

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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.

10-189C • STEVEN G. HAYES V. THE UNITED STATES

Filed 11/18/2010
ABCMR; Promotion; Promotion Consideration; Date of Rank; 10 U.S.C. § 12205; Civilian Education Requirement; Waiver for OCS Graduates; Chevron Deference Signed by Judge Damich.

08-286C • D'ANDREA BROTHERS LLC. V. THE UNITED STATES

Filed 11/18/2010
Motion to Dismiss, RCFC 12(b)(1); Motion for Summary Judgment,RCFC 56; Federal Technology Transfer Act, 15 U.S.C. § 3710a; Cooperative Research and Development Agreement; Jurisdiction over Related Tort Claim; Covenant of Good Faith and Fair Dealing; Trademark License; Military Food Acquisition Signed by Judge Firestone.

10-148C • MOBILE MEDICAL INTERNATIONAL CORPORATION V. UNITED STATES

Filed 11/16/2010
Post-Award Bid Protest; Injunctive Relief; GSA Federal Supply Schedule; Procurement Integrity Act, 41 U.S.C § 423; Task Order Award Protest; Trade Secrets Act, 18 U.S.C. § 1905 Signed by Judge Horn.

10-662C • MICHAEL A. HERNANDEZ V. UNITED STATES

Filed 11/15/2010
Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Reversal of Criminal Conviction; Tort Claim Signed by Judge Horn.

07-0006T • PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES V. THE UNTED STATES

Filed 11/12/2010
Tax refund suit; Cross-motions for partial summary judgment; Relationship between tax liability, assessments, and overpayments; Timeliness of assessment; 26 U.S.C. § 6204; Relationship between 26 U.S.C. §§ 6213(b)(4) and 6503(a); Conversion of deposit into payment; Rosenman and progeny; Rev. Procs. 84-58 and 2005-18; Deposits versus payments under the decisional law; Assessment timely; Even if untimely, no overpayment under 26 U.S.C. § 6401(a). Signed by Judge Allegra.

10-66C • ALLIED HOME MORTGAGE CAPITAL CORPORATION V. UNITED STATES

Filed 11/11/2010
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. § 6901, et seq.; United States Department of Agriculture National Appeals Division; Breach of Contract; Quantum Meruit Signed by Judge Horn.

10-226C • HENRY HOUSING LIMITED PARTNERSHIP V. UNTED STATES

Filed 11/10/2010
Dispute arising from the government’s abrogation of the prepayment term of a loan contract between the Farmers Home Administration and the owner of a property restricted to rentals to elderly, handicapped, or low- and moderate-income tenants; pendency of both contractual and takings claims Signed by Judge Lettow.

10-470C • DONALD HOLD REID V. THE UNITED STATES

Filed 11/10/2010
Motion to Dismiss under RCFC 12(b)(1) and 12(b)(6); No Jurisdiction over Constitutional, Tort, Criminal, or Discrimination Claims; Failure to State a Claim under 28 U.S.C. § 2513; Transfer under 28 U.S.C. § 1631 Not Appropriate Signed by Judge Hewitt.

10-547C • THE SHERIDAN CORPORATION V. THE UNITED STATES

Filed 11/05/2010
Bid Protest; Improper Corrective Action Following GAO protest; Standing; Ripeness; Request for Revised Proposals Where Agency Requirements Are Unchanged; Improper Use of Competitive Range; Impermissible Auction Following Price Disclosure; Permanent Injunctive Relief. Signed by Judge Wheeler.

09-492C • MALINDA BALDWIN V. THE UNITED STATES

Filed 11/05/2010
Motion to dismiss, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613(2006); CDA claims against nonappropriated fund instrumentalities, 41 U.S.C. § 602(a); requirements for submitting a claim under the CDA, 41 U.S.C. § 605(a); tort claim as adjunct to contract claim. Signed by Judge Miller, C..

10-375C • LINC GOVERNMENT SERVICES, LLC V. UNITED STATES OF AMERICA AND MCNEIL TECHNOLOGIES, INC.

Filed 11/05/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(b); Negotiated Procurement; Interested Party; Prejudice; Administrative Procedure Act; 5 U.S.C. § 706; Waiver Rule; Patent Ambiguity; Patent Error; Principles for Interpretation of Government Solicitations; Past Performance Evaluation; Price Evaluation; IDIQ Contract; Discussions; Permanent Injunction; Public Interest; National Security Signed by Judge Block.

08-745C • ROSA D. BONEWELL V. THE UNITED STATES

Filed 11/04/2010
RCFC 12(b)(6); RCFC 52.1(c); Survivor Benefit Plan, 10 U.S.C. §§ 1447-1455; Former Spouse Election; Strict Compliance With Statute and Regulations; Affidavits Not Included in the Administrative Record; Advisory Opinions Based on Incorrect Facts; Remand to Correction Board Signed by Judge Sweeney.

10-375C • LINC GOVERNMENT SERVICES, LLC V. UNITED STATES OF AMERICA AND MCNEIL TECHNOLOGIES, INC.

Filed 11/03/2010
Bid Protest; Supplementing the Administrative Record; FRE 901 Signed by Judge Block.

10-560C • EREH PHASE I LLC v. THE UNITED STATES, and GBA ASSOCIATES LIMITED PARTNERSHIP, Intervenor-Defendant

Filed 11/03/2010
Post-Award Bid Protest; Lease of Office Space; Base Realignment and Closure Act (BRAC); Flood Plain; Presidential Executive Order 11988; GSA Floodplain Management Desk Guide; FEMA Flood Insurance Rate Map; Rentable Square Feet; Usable Square Feet; ANSI/BOMA Office Area (ABOA) Square Feet; Occupancy Schedule; Certificate of Occupancy; Progressive Occupancy; Criteria for Injunctive Relief; Interest of the Public; Bid Preparation Costs Signed by Judge Damich.

08-569T • DEUTSCHE BANK AG, v. THE UNITED STATES,

Filed 11/03/2010
Statutory Interest on Overpayment of Income Taxes; Tax Return in Processible Form; Mathematical Verifiability; 26 U.S.C. § 6611 (2006); Motion for Summary Judgment, RCFC 56 Signed by Judge Bush.

04-786L • SACRAMENTO GRAZING ASS’N, INC., et al., v. THE UNITED STATES,

Filed 11/01/2010
Certification Order, N.M. R. App. P. 12-607; Declaration of Water Right Ownership, N.M. Stat. Ann. § 72-1-3; Endangered Species Act, 16 U.S.C. § 1531, et seq.; Mining Act of 1866, 43 U.S.C. § 661; Motion for Summary Judgment, RCFC 56(c); NEW MEXICO CONSTITUTION, art. XVI, § 3; Physical or Per Se Taking; Property Right; Range Stock Water Rights, N.M. Stat. Ann. § 19-3-13; Regulatory Taking; Riparian Exclosures; Standing; Statute of Limitations, 28 U.S.C. § 2501; UNITED STATES CONSTITUTION amend. V; 43 U.S.C. § 1752(g); RCFC 8(d)(1) Signed by Judge Braden.

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