USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-120C • ALLIED TECHNOLOGY GROUP, INC., v. UNITED STATES, and MONSTER GOVERNMENT SOLUTIONS, LLC, Defendant-Intervenor

Filed 07/02/2010
Post-award Bid Protest; Standing; Agency Errors in Evaluation Process; Effect of Large Price Difference and Exceptions to RFQ; Lack of Prejudice Where Agency Would Have Selected Same Awardee Absent Errors Signed by Judge Wheeler.

05-708C • SCOTT TIMBER, INC., v. UNITED STATES,

Filed 07/01/2010
In limine motions to preclude testimony of fact witnesses and expert testimony of a witness; supplementation of discovery responses; applicability of Appendix A, ¶ 13(b), of the court’s rules; belated notice of proposed expert testimony under RCFC 26(a)(2)(C)(i); absence of prejudice or harm Signed by Judge Lettow.

08-69C • AVOCENT REDMOND CORP., a Washington corporation, v. THE UNITED STATES, and ROSE ELECTRONICS, Defendant-Intervenor

Filed 06/30/2010
Patents; laches; delay in bringing suit; material prejudice Signed by Judge Margolis.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE, v. THE UNITED STATES,

Filed 06/30/2010
Implementation of clawback agreement under RCFC 26(c) and Fed. R. Evid. 502(d); Modification of Confidentiality Agreement and Protective Order Signed by Judge Allegra.

06-167L and consolidated cases • OTAY MESA PROPERTY L.P. et al., v. THE UNITED STATES,

Filed 06/30/2010
Just Compensation for Fifth Amendment Taking; Non-Exclusive, Temporary Easement for Border Patrol’s Placement of Seismic Sensors on Plaintiffs’ Property; Fair Market Value Method; Compound Interest Signed by Judge Wheeler.

09-189C • KRZYSZTOF G. SOBCZAK, v. UNITED STATES,

Filed 06/30/2010
Military Pay Case; 37 U.S.C. § 204(a)(1); Decision to Discharge; Pro Se Signed by Judge Bruggink.

09-712C • DARRYL W. RISER, v. UNITED STATES,

Filed 06/29/2010
Claims by discharged Army Reserve officer for back pay and correction of military records; review of action by the Army Board for Correction of Military Records; omission of relevant materials required by Army Regulation to have been in the administrative record before the Army Board; inappropriateness of supplementing the administrative record for proceedings in this court; remand Signed by Judge Lettow.

09-875C • LOUIS J. DE MAIO, v. THE UNITED STATES,

Filed 06/28/2010
Pro se Plaintiff; Reinstatement of Federal Employee Health Benefits; RCFC 12(b)(1); Motion to Dismiss; Civil Service Reform Act; Lack of Subject Matter Jurisdiction Signed by Judge Wheeler.

07-273L, 07-426L, 08-198L • STEPHEN J. ROGERS, et al., v. THE UNITED STATES,

Filed 06/28/2010
Rails-to-Trails; Takings; Fee Simple; Easement; Florida Law; Deed Interpretation; Extrinsic Evidence; Consideration; Chain of Title Signed by Judge Williams.

09-869C • BENJAMIN GAL-OR, v. THE UNITED STATES,

Filed 06/25/2010
More definite statement under RCFC 12(e); Pro se; 28 U.S.C. § 1498; 28 U.S.C. § 2501 Signed by Judge Bruggink.

07-707C • DAVID WHALEN, et al., v. UNITED STATES,

Filed 06/24/2010
Suit by air traffic control specialists at Edwards Air Force Base for compensation for overtime labor under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219; cross- motions for summary judgment; permissibility of a credit-hour arrangement; compensable work; time spent undergoing security inspections; time spent on medical clearances Signed by Judge Lettow.

09-146T • MARTHA JACOBS, v. THE UNITED STATES,

Filed 06/23/2010
Pro Se Claim for Tax Refund and Injunctive Relief; Tort Claims Against the United States; Civil Rights Claim; Bankruptcy Claim; No Claim for Which Relief Can Be Granted with Regard to the 1999 Tax Year; No Jurisdiction for Other Claims Signed by Judge Hewitt.

10-135C • MICHAEL A. HERNANDEZ, pro se vs. THE UNITED STATES

Filed 06/22/2010
Pro se plaintiff; jurisdiction; 28 U.S.C. § 1491(a)(1) (2006); Civil Rights Act of 1964, 42 U.S.C. §§ 1983, 1985-1986 (2006); claims based on U.S. Constitution and amendments; "Bad Men" clause of Fort Laramie Treaty of 1868, art. 1, Apr. 29, 1868, 25 Stat. 635. Signed by Judge Miller, C..

10-225T • STEVEN T. WALTNER and SARAH V. WALTNER, v. UNITED STATES,

Filed 06/21/2010
In Forma Pauperis Application; 28 U.S.C. § 1915 Signed by Judge Horn.

02-1467V • JOHNATHAN FRIEDMAN, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 06/18/2010
Vaccine Act; Motion for Review; Attorneys' Fees; Partial Affirmance of Special Master's Award; Forum Rate; Laffey Matrix; Davis Exception; Profitability; Avera; Masias; Interim Fees; "Fees for Fees"; Certification to Federal Circuit Signed by Judge Damich.

10-60C • LISA ADAMS, et al., on behalf of herself and all others similarly situated, v. THE UNITED STATES,

Filed 06/18/2010
Motion For Class Certification; 5 U.S.C. § 2105(a); 5 U.S.C. § 6301(2); 38 U.S.C. § 7454(b)(3); RCFC 23(a), (b), (c) Signed by Judge Braden.

03-2832C • ARIZONA PUBLIC SERVICE COMPANY, v. UNITED STATES OF AMERICA,

Filed 06/18/2010
Spent Nuclear Fuel; Partial-Breach Damages; Standard Contract; But-For World; Casks; ISFSI; Dry Storage; Full-Core Reserve; Poison Insert Project; Nuclear Waste Policy Act of 1982; Allowance for Funds Used During Construction; relationship of damages to breach; DOE offsets; Overhead costs Signed by Judge Hodges.

07-873C • PARADIGM LEARNING, INC., v. THE UNITED STATES,

Filed 06/14/2010
RCFC 12(b)(1); Jurisdiction; 28 U.S.C. § 1491(a)(2); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; GSA Schedule Contract; Confidentiality and Non-Disclosure Agreement; Restrictive Legends; Requirements of a Claim, a Contracting Officer Decision or Deemed Denial, and a Proper Appeal; Incorporation by Reference; Misappropriation of Trade Secrets Signed by Judge Sweeney.

09-693T • SEAN M. LIU, v. THE UNITED STATES,

Filed 06/11/2010
Individual income tax; nonresident alien; statute of limitations; Clerk's Office date stamp; Priority Mail; “due course of the mails”; Charlson Realty Co. v. United States, 384 F.2d 434 (Ct. Cl. 1967) Signed by Judge Damich.

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES,

Filed 06/11/2010
Government contract case; Housing Assistance Payment contract; Motion for default judgment; Corporation may appear only by attorney; Failure of corporation to obtain counsel as basis for default judgment under RCFC 55; Procedures for considering motion for default judgment outlined; Factors impacting determination of default judgment; Entry of default judgment warranted; Motion granted. Signed by Judge Allegra.

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