USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-546C • BANNUM, INC., v. UNITED STATES, and DISMAS CHARITIES, INC.,Defendant-Intervenor

Filed 12/15/2009
Post-award Bid Protest; Disagreements With Agency's Proposal Evaluations;Relevance of Past Performance Data From Defaulted Contract; Reasonable Best Value Award to Higher Priced, Technically Superior Offeror Signed by Judge Wheeler.

99-4451 L c/w 99-4452L, 99-4453L, 99-4454L, 99-4455L, 99-4456L, 99-4457L, 99-4458L, 99-4459L, 99-44510L, 99-44511L, 99-044512L, 00-365L, 00-379L, 00-380L, 00-381L, 00-382L, 00-383L, 00-384L, 00-385L,00-386L, 00-387L, 00-388L,... • JOHN H. BANKS, ET A

Filed 12/15/2009
Discovery; Rules of the Court of Federal Claims 26(b)(3)(A)and 26(b)(4)(B); Whether a Party May Discover Facts Known or Opinions Held by a Non-Testifying Expert;In Camera Review Signed by Judge Hewitt.

06-30T Consolidated with No. 06-35 T • RUSSIAN RECOVERY FUND LTD., RUSSIAN RECOVERY ADVISORS, L.L.C., v. THE UNITED STATES,

Filed 12/14/2009
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § 6226; Final Partnership Administrative Adjustment; Jurisdictional Deposit; Pass-thru Partner Signed by Judge Bruggink.

08-50T • TIMOTHY L. JENKINS v. THE UNITED STATES

Filed 12/14/2009
Motion to compel answers to interrogatories; Responsible officer penalty case - 26 U.S.C. § 6672; RCFC 33 - interrogatories; RCFC 37 - order to compel; RCFC 37(a)(4) - response not compelled where sufficient; RCFC 26(b)(1) - response not compelled where interrogatory requests irrelevant information; RCFC 37(a) - failure to make conferment certification; Motion denied. Signed by Judge Allegra.

06-827C • FRANK J. PROCHAZKA, v. THE UNITED STATES,

Filed 12/10/2009
Administrative Procedure Act, 5 U.S.C. § 706; Board for Correction of Naval Records;Default Judgment, RCFC 55(b)(2);Defense Officer Personnel Management Act, Pub. L. No. 96-513, 94 Stat. 2835 § 624 (1980); Pub. L. No. 90-179 (Dec. 8, 1967); Judgment on the Administrative Record, RCFC 52.1; Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss, RCFC 12(b)(6); Remand, RCFC 52.2; Tucker Act, 28 U.S.C. § 1491(a)(1); 10 U.S.C. § 101 (b)(10), (d)(1), (d)(3); 10 U.S.C. § 634(a); 10 U.S.C. § 1401-1412; 10 U.S.C. § 1552(a)(3); 10 U.S.C. § 3927 (repealed 1981); 10 U.S.C. § 5596; 10 U.S.C. § 5600 (repealed 1996); 10 U.S.C. § 5788a (repealed 1981); 10 U.S.C. § § 6371-86 et. seq. (repealed 1981); 10 U.S.C. § § 6387-89 (repealed 1981); 10 U.S.C. § 8927 (repealed 1981); 10 U.S.C. § 6388(a), (b), (c) (1968)(as amended); Manual of Navy Officer Manpower and Personnel Classifications, NAVMILPERSCOM 158391, Vol. 1, at A-2 (Sept. 25, 2009); NAVMILPERSCOM NOTICE 1821; SECNAVINST 1821.1 (Jan. 29, 1982); 31 U.S.C. § 1102; 32 C.F.R. § 723.9 Signed by Judge Braden.

09-280L • REUNION, INC., et al., v. UNITED STATES OF AMERICA,

Filed 12/10/2009
Takings claim arising from a holdover tenancy of a 72-acre parcel used by the Federal Aviation Administration as a radar site for tactical air navigation; motion to strike defenses; RCFC 12(f); government's concession of liability for a taking; government's admissions of fact regarding claim for breach of implied contractual obligation to vacate premises Signed by Judge Lettow.

90-162C • STEPHEN ADAMS, et al., v. THE UNITED STATES,

Filed 12/09/2009
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2006); Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-262 (2006); Home to Work Travel Time; Controlling Precedent; Employer's Hypothetical Custom or Practice of Compensating Commuting Time Signed by Judge Bush.

08-604C • DIGITAL TECHNOLOGIES, INC., v. UNITED STATES,

Filed 12/09/2009
Indefinite Delivery/Indefinite Quantity Contract; Breach of Contract; Statutory Prohibition of Task Order Protests, Federal Acquisition Streamlining Act, 41 U.S.C. § 253j(d) Signed by Judge Horn.

09-369C • SALAHDINE SABREE, v. UNITED STATES,

Filed 12/08/2009
Jurisdiction; Statute of Limitations; Equitable Tolling; Legal Disability; Military Pay; Disability Retirement Benefits Signed by Judge Horn.

01-79C • CBS CORPORATION, v. THE UNITED STATES,

Filed 12/08/2009
Government's Segment Closing Payment under the Allowable Cost and Payment Clause Where the Segment Closing Calculation Involves a Pension Deficit and a Portion of the Pension Deficit is Transferred from the Segment Seller to Segment Buyer; Allowable Cost and Payment Clause, FAR 52.216-7; Allowability Clause, FAR 31.201-2; Generally Accepted Accounting Principles ("GAAP") Signed by Judge Firestone.

01-79C • CBS CORPORATION, v. THE UNITED STATES,

Filed 12/08/2009
Segment Closing Date under Original CAS 413, 4 C.F.R. § 413-50(c)(12)(1986); Segment Closed when Contractor Stopped Performing on Government Contract and Stopped Incurring any Direct Labor Charges Signed by Judge Firestone.

09-532C • DARLENE W. LOW, v. THE UNITED STATES,

Filed 12/07/2009
Rule 12(b)(1); Motion to Dismiss; 28 U.S.C. §1500; Previously Filed District Court Action; Same Operative Facts; Requests for Same Relief Signed by Judge Wheeler.

08-17C • DISTRIBUTION POSTAL CONSULANTS, INC., v. THE UNITED STATES,

Filed 12/07/2009
Apparent Authority; Breach of Contract Signed by Judge Bruggink.

05-743T • ELWOOD J. LEBLANC, JR. AND JANICE L. LEBLANC, v. THE UNITED STATES,

Filed 12/04/2009
Federal income tax; Summary judgment; Abandonment of partnership interest; Section 165 of the Internal Revenue Code - loss deduction; TEFRA partnership provisions; Jurisdiction - whether abandonment loss deduction was proper is "affected item" over which jurisdiction lies; Adjusted basis of partnership interest; Section 705 of the Internal Revenue Code; Treatment of distributed losses; Partnership interest had zero basis;Loss deduction properly disallowed Signed by Judge Allegra.

09-372C • STRUCTURAL ASSOCIATES, INC./COMFORT SYSTEMS USA (Syracuse) Joint Venture, v. THE UNITED STATES,

Filed 12/03/2009
Post-Award Bid Protest: Where an agency distinguished between offerors for a contract award based on whether an offeror had experience constructing the same type of building as identified in the solicitation, the agency: (1) was not required to raise the protestor's past experience in discussions since the agency did not consider that experience a weakness; (2) did not disregard the weighting scheme set forth in the solicitation since the solicitation explicitly provided that offerors who met all of the criteria may be more highly rated; and (3) properly conducted its best value analysis since the determination that an offeror's possession of the same experience as sought in the solicitation warranted a higher price was within the discretion of the agency Signed by Judge Wiese.

08-925C • CAPTAIN ROSS E. JOSLYN, v. THE UNITED STATES,

Filed 12/02/2009
Motion to Dismiss; Money-Mandating Statute; Motion for Judgment upon the Administrative Record; 10 U.S.C. § 1201; 37 U.S.C. § 204 Signed by Judge Hewitt.

09-332C • ALATECH HEALTHCARE, L.L.C., v. UNITED STATES OF AMERICA,

Filed 12/01/2009
Bid Protest, 28 U.S.C. § 1491(b)(1);Preference for Domestic Supplier; Statutory Interpretation;Meaning of "Feasible" v. "Possible";Procurement Action, 41 U.S.C. § 403(2); Remand Statute, 28 U.S.C. § 1491(a)(2) Signed by Judge Hodges.

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

Filed 11/30/2009
Contract Disputes Act,41 U.S.C. § 605(a);Exhaustion of Administrative Remedies; Motion For Summary Judgment,RCFC 56(c);National Forest Management Act of 1976,16 U.S.C. § 472a;Pub. L. No. 110-234;Ripeness;Tucker Act, 28 U.S.C. § 1491(a)(1),(a)(2);36 C.F.R. § 223.31;36 C.F.R. § 223.52(a)(1), (b)(2), (b)(3),(c);61 FED. REG. 54589, 54590 (Oct. 21, 1996) Signed by Judge Braden.

04-208V • STEVEN AND LISA RICHARDSON, on behalf of their daughter, MEGAN B. RICHARDSON, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 11/30/2009
Review of Special Master's Vaccine Act Decision; Onset of Seizures After DTaP Vaccination; Weight Accorded to Medical Records and Oral Testimony; Lack of Fundamental Fairness; Remand Signed by Judge Wheeler.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian tribe, v. THE UNITED STATES,

Filed 11/30/2009
RCFC 12(b)(1); Justiciability; Federal Grant-in-Aid Programs; Antideficiency Act; Federal Revenue Sharing; Housing Programs; WIC Program; Commodity Food Distribution Program; Block Grants;Employment and Training Programs;Appropriations Acts; Discretionary Schemes; Money-Mandating Network;Breach of Fiduciary Duty; Limited Trust;Common-Law Trust Signed by Judge Sweeney.

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