USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-165C • EXXON MOBIL CORP., v. THE UNITED STATES,

Filed 11/03/2009
RCFC 40.2(a)(2)(B); RCFC 40.1(a)Entergy v. United States, 62 Fed. Cl. 798 (2004); Franconia Assocs. v. United States, 61 Fed. Cl. 798 (2004); Shell Oil v. United States,80 Fed. Cl. 411 (2008) Signed by Judge Smith.

09-74C • RALPH HUSBAND v. THE UNITED STATES

Filed 10/30/2009
Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1); Implied-In-Fact Bailment Contract; Intentional tort Exception, 28 U.S.C. § 2680(h); Jurisdiction; Pro Se; Takings Clause of the Fifth Amendment to the United States Constitution, U.S. Const. Amend. V; Transfer, 28 U.S.C. §1631; Tucker Act, 28 U.S.C. §1491(a)(1); Venue, 28 U.S.C. § 1402(b); 28 U.S.C. § § 1346(b)(1), 2401(b), 2675, 2680(c); 31 U.S.C. § § 3721-22; RCFC 12(b)(1), 12(b)(6), 15(a)(2); Restatement (Second) Of Torts § 222A(1) (1965). Signed by Judge Braden.

09-201 • Brad J. Montagne and Teri L. Montagne v. The United States

Filed 10/30/2009
Forfeiture, 28 U.S.C. § 2514; Jurisdiction, RCFC 12(b)(1), 12(b)(6); Pro Se; Transfer, 28 U.S.C. §1631; Tucker Act, 28 U.S.C. § 1491(a)(1); 26 U.S.C. § § 183(a), 183(c); 26 U.S.C. §1401(a); 26 U.S.C. § 6201(a)(1); 26 U.S.C. § § 6212(a)-(b); 26 U.S.C. § 6311; 26 U.S.C. § 6312, repealed by Pub. L. No. 92-5, § 4(a)(2); 26 U.S.C. § 6511(a); 26 U.S.C. §6651(a)(1); 26 U.S.C. § 6662(d)(1); 26 U.S.C. § 7214; 26 U.S.C. §7426(a); 26 U.S.C. § 7433(a); 26 C.F.R. § 301.6203-1; 26 C.F.R. § 301.6311-1; 26 C.F.R. § 301.6332-1(c)(4). Signed by Judge Braden.

06-702C • PHILIP EMIABATA d/b/a NOVA EXPRESS, v. THE UNITED STATES,

Filed 10/30/2009
Motion for Summary Judgment; RCFC 56(b); Pro se Plaintiff; Postal Service Board of Contract Appeals; Collateral Estoppel; Issue Preclusion; Res Judicata; Claim Preclusion Signed by Judge Smith.

09-95C • GREGORY V. WOOD, v. THE UNITED STATES,

Filed 10/30/2009
Suit for monetary damages for unjust conviction and wrongful imprisonment, 28 U.S.C. § § 1495, 2513 (2006); motion to dismiss pursuant to RCFC 12(b)(1),(6); whether § 2513 states jurisdictional requirements; use of nonprecedential opinions of United States Court of Appeals for the Federal Circuit Signed by Judge Miller, C..

06-553C • TAKOTA CORPORATION, v. THE UNITED STATES,

Filed 10/28/2009
Government Contracts; Construction Law; Differing Site Conditions; Breach of Contract; Summary Judgment Signed by Judge Bruggink.

07-776T • MANOR CARE, INC., (f/k/a HCR MANOR CARE, INC.) and Affiliated Subsidiaries, et al. v.THE UNITED STATES OF AMERICA,

Filed 10/27/2009
Tax refund case; Employer Tax Credits; Work Opportunity Tax Credit and Welfare-to-Work, 26 U.S.C.A. § § 51 and 51A; Statutory construction; Qualified individuals "certified by the designated local agency;" Special rules for certifications, 26 U.S.C.A. § § 51(d)(12); "receive or request" provision; Government's failure to issue guidance on eligibility criteria Signed by Judge Baskir.

07-465V • FRANCES CAMPBELL vs. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/26/2009
Vaccine case; off-Table claim stemming from rheumatoid arthritis allegedly caused by trivalent influenza vaccine; required elements of proof; causation Signed by Judge Lettow.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. THE UNITED STATES,

Filed 10/26/2009
Breach of Contract; Winstar Damages; Shifting of Regulatory Risk; Forbearance Allowing Excess Investment in Service Corporations; Material Breach; Date of Breach; Judicial Estoppel; Restitution; Partial Performance; Unfair Windfall; Tax Gross-Up Signed by Judge Williams.

09-404C, 09-413C • LA TRETHA E. STROUGHTER, pro se, and JEROME W. SMITH, pro se, v. THE UNITED STATES,

Filed 10/26/2009
Patents; patent infringement; motion to dismiss for lack of jurisdiction,RCFC 12(b)1); pro se plaintiffs;requirement of issued patent for infringement action, 28 U.S.C. § 1498 (2006); consolidation, RCFC 42(a)(2); diversity jurisdiction, 28 U.S.C. § 1332 (2006); the Administrative Procedure Act, 5 U.S.C. § 702 (2006); delay in processing patent applications, 35 U.S.C. § 154(b)(1)(B) (2006); whether action of patent infringement is a taking under the Fifth Amendment, 28 U.S.C. § 1491(a) (2006); transfer to a court with jurisdiction, 28 U.S.C. § 1631 (2006); motion to dismiss for failure to state a claim, RCFC 12(b)(6). Signed by Judge Miller, C..

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

Filed 10/23/2009
Equal Access to Justice Act; 28 U.S.C. § 2412 (2006); Supplementation of Application Required to Document Number of Employees and Net Worth of Sole Proprietorship Signed by Judge Hewitt.

06-305T • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, v. UNITED STATES,

Filed 10/21/2009
Federal Tax Deductions;Interest; Rental Expense; Amortized Transaction Costs; Economic Substance;Spoliation of Evidence Signed by Judge Horn.

09-104C • TOTOLO/KING JOINT VENTURE, v. THE UNITED STATES,

Filed 10/20/2009
Pleading and practice; motion for reconsideration, RCFC 59(a)(1); new evidence; impact on public interest criterion for injunctive relief of waiting until motion for reconsideration to raise arguments Signed by Judge Miller, C..

08-852C • DAVID WARD, v. THE UNITED STATES,

Filed 10/16/2009
RCFC 12(b)(1); RCFC 52.1; Substantial Evidence; Incapacitation Pay; 37 U.S.C. § 204(g)-(h); Army Regulation 135-381 (June 1, 1990); Ability to Perform Military Duties; Civilian Income Signed by Judge Sweeney.

09-600C • CAMDEN SHIPPING CORPORATION, v. THE UNITED STATES,

Filed 10/14/2009
Pre-award bid protest;standing; direct economic interest; limitation of acceptance period; revival of expired offer; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Miller, G..

07-271L • JACK LADD et al., v. UNITED STATES OF AMERICA,

Filed 10/14/2009
Rails-to-Trails Act; Fifth Amendment Takings Clause; Physical Taking; Regulatory Taking; Notice of Interim Trail Use (NITU); Surface Transportation Board; Tahoe-Sierra Preservation Counsel, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002); Application of States Property Law; Abandonment; Caldwell v. United States, 391 F.3d 1226 (Fed. Cir. 2004) Signed by Judge Hodges.

04-1414C • DIRECTV GROUP, INC., v. THE UNITED STATES,

Filed 10/14/2009
CAS 413 Segment Closing Payment Obligation; Transfer of Pension Asset Surplus; "Cost Reduction"that Meets or Exceeds Seller's Segment Closing Payment Obligation to the Government;Cost Accounting Standard ("CAS")413.50(c), 48 C.F.R. § 9904.413-50(c)(12); Credits clause, FAR 31.201-5,48 C.F.R. § 31.201-5; Allowable Cost and Payment clause, 48 C.F.R. § 52.216-7; Taxation clause, 48 C.F.R. § 31.205-41(d) Signed by Judge Firestone.

07-272C • MARK G. ABBEY, ET AL., v. THE UNITED STATES,

Filed 10/14/2009
Interlocutory Appeal;Certification for Appeal Under Section 1292(d)(2); Timeliness Signed by Judge Hewitt.

09-523C • KERR CONTRACTORS, INC., v. THE UNITED STATES, and KIEWIT PACIFIC CO., Intervenor-defendant

Filed 10/13/2009
Post-Award Bid Protest; Review of Award of Jetty Capping Contract; Technical Evaluation of Proposals; Meaningful and Equal Discussions; De Minimis Deviation from Source Selection Plan; Prejudice to Protestor;Supplementation of the Administrative Record Signed by Judge Bush.

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