USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-81L • WILLIAM C. WEBSTER, ET AL., v. THE UNITED STATES,

Filed 11/30/2009
Motion to Dismiss; Fifth Amendment; Takings; 28 U.S.C. § 2501; Transfer Pursuant to 28 U.S.C. § 1631 Signed by Judge Hewitt.

04-1255C • LUMBERMENS MUTUAL CASUALTY, v. UNITED STATES OF AMERICA,

Filed 11/25/2009
Jurisdiction; Contract Administration; Equitable Subrogation; Pro Tanto Discharge; Impairment of Suretyship;Federal Acquisition Regulation; Contract Dispute Act; National Surety Corp v. United States Signed by Judge Hodges.

09-183C • NANCY MELENDEZ CAMILO, v. UNITED STATES OF AMERICA,

Filed 11/25/2009
Claim by retired Air Force officer for back pay and correction of her military records; subject matter jurisdiction; judgment on the administrative record Signed by Judge Lettow.

00-115L • DAUPHIN ISLAND PROPERTY OWNERS ASSOCIATION, INC. a non-profit corporation; and JAMES W. HARTMAN, v. THE UNITED STATES,

Filed 11/24/2009
Fifth Amendment Taking; Class Actions; RCFC 23; Settlement,voluntary dismissal, or compromise; Hearing and finding regarding the fairness,reasonableness, and dequacy of a proposed settlement Signed by Judge Futey.

09-59C • MICHAEL A. STEINBERG, v. THE UNITED STATES,

Filed 11/24/2009
Motion to Dismiss Complaint by Pro Se Plaintiff Unable to Gain Admittance to 2009 Presidential Inauguration Ceremonies; Dismissal of Claim for Breach of Contract Signed by Judge Hewitt.

04-1335C • JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, et al. v. THE UNITED STATES,

Filed 11/24/2009
Class action; Civilian pay case - premium pay; Settlement; Preliminary fairness approval Signed by Judge Allegra.

07-273L & 07-426L • STEPHEN J. and LINDA L. ROGERS, DONALD E. and JUDITH DURAN, DENISE RIZZO, DWIGHT and CAROLYN AUSTIN, KATHY BECKER, et. al., v. THE UNITED STATES,

Filed 11/23/2009
Motion For Partial Summary Judgment; Class Action; Fifth Amendment Takings; Trails Act; 16 U.S.C. § 1247(d); Florida Law; Fee Simple; Right-of-Way; Creation of Easement Under Florida Law; Prescriptive Easement; Abandonment of Easement; Equitable Estoppel; Reversion Signed by Judge Williams.

06-803C • WONDERLYN LORRAINE BELL PINCKNEY, v. THE UNITED STATES,

Filed 11/20/2009
Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court's Opinion of July 28, 2009 Signed by Judge Hewitt.

09-741L • FARMERS COOPERATIVE COMPANY, v. UNITED STATES OF AMERICA,

Filed 11/19/2009
Pre-Certification Notice of Class Action; RCFC 23 Signed by Judge Block.

03-1242C • UNITED PARTITION SYSTEMS, INC., v. THE UNITED STATES,

Filed 11/19/2009
Post-trial decision on claim for damages respecting a construction contract allegedly terminated improperly for default; consequences of termination by contracting officer who did not have jurisdiction; resulting constructive termination for convenience;damages Signed by Judge Lettow.

09-502C • MEDICAL DEVELOPMENT INTERNATIONAL, INC. GOVERNMENT HEALTHCARE SERVICES, v. THE UNITED STATES,

Filed 11/18/2009
Pre-Award Bid Protest; Standard of Review; Whether Exclusion of Plaintiff from Competitive Range Deprived Plaintiff of Standing; Failure to Demonstrate Error Signed by Judge Hewitt.

07-195C • DARRELL BOYE et al., v. THE UNITED STATES,

Filed 11/12/2009
RCFC 12(b)(1); RCFC 12(b)(6); Third-Party Beneficiaries; Self-Determination Contracts; Law Enforcement and Criminal Investigation Services; Statute of Limitations; Continuing Claim Doctrine;Indian Law Enforcement Reform Act;Indian Self-Determination and Education Assistance Act; Claim Preclusion Signed by Judge Sweeney.

99-212V • JOHN DOE/11 AND JANE DOE/11, As Representatives of the Estate of CHILD DOE/11, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 11/10/2009
Jurisdiction to Review Special Master's Decision on Interim Attorneys' Fees; 42 U.S.C. § § 300aa-12, 300aa-15; Court Award of Partial Interim Fees Signed by Judge Williams.

05-418V • JENNIFER MORSE, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 11/10/2009
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300aa-1 to -34 (2006); Attorneys' Fees and Costs; Review of Special Master's Determination of Reasonable Costs; Expert Costs; Remand for Consideration of Request for Additional Fees and Costs Incurred in Preparing Motion for Review Signed by Judge Bush.

09-476C • PlanetSpace Inc., v. United States of America, Space Exploration Technologies Corporation, Intervenor, and Orbital Sciences Corporation, Intervenor

Filed 11/10/2009
Bid Protest; Supplementing the Administrative Record; Extra-Record Evidence; Judicial Review of Administrative Decisions Signed by Judge Block.

09-432 C • PHILLIP OZDEMIR vs THE UNITED STATES

Filed 11/09/2009
Bid Protest; Research and Plaintiff, Development Solicitation; Jurisdiction Over Non-Procurement Protest; Tucker Act, 28 U.S.C. § 1491; Motion to Dismiss Signed by Judge Damich.

09-263 C • JOHNNY WOODSON vs. THE UNITED STATES

Filed 11/09/2009
Pro se complaint; prisoner's application to proceed in forma pauperis; 28 U.S.C. § 1915; screening of prisoner complaint; 28 U.S.C. § 1915A; subject matter jurisdiction; RCFC 12(b)(1); tort claims; claims against individual federal officials; 28 U.S.C. § 1500 Signed by Judge Sweeney.

00-512L • PETRO-HUNT, L.L.C., vs. THE UNITED STATES

Filed 11/06/2009
Takings and contract case; Motion to dismiss under RCFC 12(b); Servitudes - prescription under Louisiana law; Mineral leases; Statute of limitations - 28 U.S.C. § 2501; Permanent takings claim - accrual suspension rule; Permanent takings claim untimely; Temporary takings; Temporary physical takings claim accrual point; Temporary takings claim allegedly occasioned by certain mineral leases made by the United States on property owned by plaintiff held timely; Contract claims held untimely; Temporary takings - mineral servitudes are compensable property interest; Nature of mineral lease under Louisiana law; Reformation. Signed by Judge Allegra.

09-542C • THE ANALYSIS GROUP, LLC, v. THE UNITED STATES, and SCIENCE APPLICATIONS INTERNATIONAL CORPORATION,

Filed 11/05/2009
Competition in Contracting Act, 31 U.S.C. § 3553(d)(3)(A); Administrative Procedure Act, 5 U.S.C. § 706(A)(2); Reilly's Wholesale Produce v. United States, 73 Fed. l. 705 (2006); Planetspace Inc. v. United States, 86 Fed. Cl. 566 (2009); Preliminary Injunction Signed by Judge Smith.

09-388C • AFGHAN AMERICAN ARMY SERVICES CORPORATION vs. THE UNITED STATES

Filed 11/04/2009
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Prejudice to Protestor Due to Errors in the Procurement Process; Propriety of Injunctive Relief; Price Realism Analysis; Independent Government Estimate; Best-Value Analysis; Failure to Comply With Material Requirement of Solicitation; Evaluations of Offerors' Past Performance and Past Experience; Bid Preparation and Proposal Costs; Interests of National Defense and National Security Signed by Judge Miller, G..

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