USCFC General Jurisdiction-Reported

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00-644C • WILLIAM A. CLARK, et al., v. THE UNITED STATES,

Filed 08/13/2010
Cross-Motions for Summary Judgment, RCFC 56; Military Pay for National Guard Training, 37 U.S.C. § 206; Correspondence Courses of the Uniformed Services; Air National Guard; Army National Guard; Equivalent Training; Air National Guard Instruction 36-2001; National Guard Regulation (Army) 350-1 Signed by Judge Firestone.

05-400C • MICHAEL W. STOVALL, v. THE UNITED STATES,

Filed 08/13/2010
Breach of contract; Cross-motions for summary judgment; Breach of contract – genuine issues of material fact preclude judgment as a matter of law; Damages; Expectation damages – lost profits; Energy Capital – per se rule rejected regarding lost profits from third-party transactions; Genuine dispute as to material questions of fact regarding proximate causation; Foreseeability and specificity; Reliance damages; Direct vs. incidental reliance damages; Foreseeability; Limitations on loss recovery; Genuine issues of material fact preclude granting of summary judgment; Trial required Signed by Judge Allegra.

10-396C • DGR ASSOCIATES, INC., v. UNITED STATES, and GENERAL TRADES & SERVICES, INC., Defendant-Intervenor

Filed 08/13/2010
Bid Protest; Small Business Act; Statutory Interpretation; Priority of HUBZone Program Over Other Small Business Programs; Solicitation Impropriety; Timeliness of Protest; Declaratory and Injunctive Relief Signed by Judge Wheeler.

07-658T • FORD MOTOR COMPANY, v. THE UNITED STATES,

Filed 08/13/2010
Deliberative Process Privilege; In Camera Review; Predecisional Documents; Draft Press Releases; Factors for Determining Whether Deliberative Process Privilege is Overcome by Need Signed by Judge Williams.

09-250C • DONALD E. MARTINEZ, v. THE UNITED STATES,

Filed 08/12/2010
Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing party status based on securing an order remanding case to agency; remand order predicated on agency error; substantial justification; Government’s position includes agency’s position leading to litigation; recovery of fees and expenses incurred in proceeding before agency; recovery of fees and expenses attributable to settlement discussions Signed by Judge Miller, G..

99-400C c/w 01-708C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI, v. THE UNITED STATES,

Filed 08/11/2010
Equal Access to Justice Act; 28 U.S.C. § 2412 (2006); Supplementation of Application Required to Document Attorneys’ Fees and Expenses Signed by Judge Hewitt.

07-154C • NORMAN H. COHEN, Ed.D., v. THE UNITED STATES,

Filed 08/09/2010
Summary Judgment; Copyright Registration; Conveyance of Exclusive Rights; Standing to Bring Suit for Copyright Infringement; Beneficial Ownership; Continuing Wrong Doctrine Unavailable; Tolling Provision; 28 U.S.C. § 1498(b); Continuing Presence of Infringing Materials Cached on the Internet Signed by Judge Hewitt.

01-40C • CROMAN CORPORATION, v. THE UNITED STATES,

Filed 08/09/2010
Discovery; Motion to Reopen Fact Discovery Related to Potential Fraud Counterclaims; Motion Denied Signed by Judge Hewitt.

98-405C • CROMAN CORPORATION, v. THE UNITED STATES,

Filed 08/09/2010
Discovery; Motion to Reopen Fact Discovery Related to Potential Fraud Counterclaims; Motion Denied Signed by Judge Hewitt.

09-747C • PENINSULA GROUP CAPITAL CORPORATION v. UNITED STATES,

Filed 08/06/2010
Breach of Contract Claim; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6) Signed by Judge Futey.

10-289C • FAS SUPPORT SERVICES, LLC, v. THE UNITED STATES, Defendant and VINNELL BROWN & ROOT LLC, Intervenor-Defendant

Filed 08/04/2010
Post-award bid protest; jurisdiction to review suspension; review of discretion under FAR 9.405(d)(3) not to reinstate offeror; Competition In Contracting Act of 1984, Pub. L. No. 98-369, § 2713, 98 Stat. 1175 (1984) Signed by Judge Merow.

09-771C • K-LAK CORPORATION, v. THE UNITED STATES,

Filed 08/03/2010
Motion to Dismiss; Bid Protest Jurisdiction, 28 U.S.C. § 1491(b)(1); Jurisdiction Over CDA Claims, 28 USC § 1491(a)(2); Standing; Removal from Small Business Program, 8(a); GSA Schedule Signed by Judge Firestone.

03-2627C • ENTERGY NUCLEAR FITZPATRICK, LLC, ENTERGY NUCLEAR INDIAN POINT 3, LLC, and ENTERGY NUCLEAR OPERATIONS, INC., v. THE UNITED STATES,

Filed 08/03/2010
Spent Nuclear Fuel case; motion to strike affirmative defense; “unavoidable delays”; Northern States Power Co. v. U.S. Dep’t of Energy, 128 F.3d 754 (D.C. Cir. 1997); writ of mandamus; Nebraska Public Power Dist. v. United States, 590 F.3d 1357 (Fed. Cir. 2010); damages v. liability; waiver; laches Signed by Judge Damich.

09-641C • GONZALEZ-MCCAULLEY INVESTMENT GROUP, INC., v. THE UNITED STATES,

Filed 08/03/2010
RCFC 12(b)(1) lack of subject matter jurisdiction; well-pleaded complaint rule; RCFC 9(k) special pleading requirement; contract implied in fact; bid protest; Competition in Contracting Act; Contract Disputes Act; RCFC 15(a) leave to amend Signed by Judge Damich.

91-1470L • THE ESTATE OF E. WAYNE HAGE AND THE ESTATE OF JEAN N. HAGE, v. THE UNITED STATES,

Filed 08/02/2010
Final Damages Award Plus Interest; Joint Submission of Interest Calculations Signed by Judge Smith.

03-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP, a Michigan Limited Partnership, v. UNITED STATES,

Filed 07/30/2010
Owner Claims for Breach of Housing Assistance Payment Contract Damages and Lost Equity Damages, Foreseeability, Federal Rule of Evidence 701 Signed by Judge Horn.

07-324C • TODD CONSTRUCTION, L. P., f/k/a, TODD CONSTRUCTION CO., INC., v. THE UNITED STATES,

Filed 07/30/2010
Challenge to performance evaluation; jurisdiction pursuant to Contract Disputes Act; Christian doctrine; provision benefitting Government or contractor as basis for claim; Freightliner Corp. v. Caldera, 225 F.3d 1361 (Fed. Cir. 2000); standing to sue for procedural violations; causal connection to injury; redressability; failure to state a claim that agency abused its discretion in rating contractor’s performance as “unsatisfactory” Signed by Judge Miller, G..

10-334C • JAMES A. WASHINGTON, v. UNITED STATES,

Filed 07/30/2010
Request for appointment of counsel in civil action; ability of the United States Court of Federal Claims to appoint counsel under 28 U.S.C. § 1915; appointment of counsel only appropriate under extraordinary circumstances Signed by Judge Lettow.

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