USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-575C • VERO TECHNICAL SUPPORT, INC., v. UNITED STATES,

Filed 09/29/2010
Jurisdiction; 28 U.S.C. § 1500 Signed by Judge Horn.

10-83C • HENRY NEWTON ADDINGTON, v. THE UNITED STATES,

Filed 09/28/2010
No Jurisdiction Over Claim for Increased Veteran Disability Benefits Signed by Judge Hewitt.

09-651C • FLOORPRO, INC., v. THE UNITED STATES,

Filed 09/23/2010
Motion to Dismiss; Statute of Limitations; 25 U.S.C. § 2501; Purpose of Statutes of Limitations; Theory of Repose Signed by Judge Smith.

09-211C • L.A. RUIZ ASSOCIATES, INC., v. THE UNITED STATES,

Filed 09/23/2010
Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act, 41 U.S.C. § 605(a); Requirement to Submit a Claim to the Contracting Officer; Deemed Denial; Same Claim Principle; Declaratory Judgment Signed by Judge Smith.

09-505C • OMAIRA ARBELAEZ, v. THE UNITED STATES,

Filed 09/23/2010
Pro se; Criminal Arrest; Tort Claims; “Unlawful Retention”; Takings; Cashier?s Check and Business Documents; Public Use; Failure to State a Claim; Statute of Limitations; Accrual Suspension Rule; Breach of Contract; Third-Party Beneficiary Signed by Judge Damich.

09-750C • INFINITI INFORMATION SOLUTIONS, LLC, v. UNITED STATES,

Filed 09/17/2010
Post-trial request for attorneys’ fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing plaintiff; lack of substantial justification for the government’s posture in the case; fees; expenses; costs Signed by Judge Lettow.

10-457C • CS-360, LLC, v. THE UNITED STATES,

Filed 09/16/2010
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. No. 109-461, §§ 502-03 (codified at 38 U.S.C. §§ 8127-28 (2006); service disabled veteran-owned small business set-aside; standing; eligibility of bidder to participate by submitting offer when bidder removed from database due to protest in unrelated procurement in which bidder was not awardee; eligibility to bid under 38 C.F.R. § 74.2 (2010). Signed by Judge Miller, C..

06-407T into which have been consolidated Nos. 06-408T, 06-409T, 06-410T, 06-411T, 06-810T, 06-811T • ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES,

Filed 09/14/2010
Order for Judgment; No Entitlement to Refund; No Entitlement to Litigation Costs; No Entitlement to Judgment that “All relief not granted is DENIED.” Signed by Judge Hewitt.

10-221C • CHENEGA MANAGEMENT, LLC., v. THE UNITED STATES,

Filed 09/14/2010
Administrative Procedure Act, 5 U.S.C. § 706; Air Force Supplemental Federal Acquisition Regulation (“AFFARS”) 5315; Bid Protest Jurisdiction, 28 U.S.C. § 1491 (b)(1); 5 U.S.C. § 7353 (Gifts to Federal Employees); 10 U.S.C. § 2207(“Anti-Gratuity Clause”); 10 U.S.C. § 2305(b)(1), Competition in Contracting Act; 10 U.S.C. § 2305(b)(4)(A)(ii) (“Award Without Discussions”); 18 U.S.C. § 201 (“Bribery of Public Officials”); 28 U.S.C. § 1491(b)(4) (“Scope of Review of Agency Actions”); 31 U.S.C. § 3551(2)(a) (“Definition of Interested Party”); 31 U.S.C. § 3553(b)(2) (“Agency Report to GAO”); 41 U.S.C. § 253b(d)(3) (“Notice of Award”); FAR 1.602-2 (“Unequal Treatment”); FAR 2.101 (“Best Value”); FAR 3.101-2 (“Acceptance of a Gratuity”); FAR 3.104-2 (Procurement Integrity); FAR 15.303 (“Source Selection Authority Responsibilities”); FAR 15.306(a)(3) (“Award Without Discussions”); FAR 15.306(d) (“Discussions”); FAR 15.404-1(b)(1) (“Price Analysis”); FAR 52.215-1 (“Instructions to Offerors”); 5 C.F.R. § 2635.203 (Standards of Ethical Conduct For Employees of The Executive Branch); RCFC 52.1(c) (“Judgment on the Administrative Record”); Supplementing the Administrative Record Signed by Judge Braden.

09-675C • MADISON SERVICES, INC., v. UNITED STATES OF AMERICA,

Filed 09/13/2010
Bid protest; Rule 60(b)(2); Rule 60(b)(3); Fraud or misrepresentation; Newly discovered evidence; Presumption of regularity and good faith; Post-judgment discovery Signed by Judge Block.

10-547C • THE SHERIDAN CORPORATION, v. THE UNITED STATES, and JCN CONSTRUCTION COMPANY, INC., Defendant-Intervenor

Filed 09/13/2010
Bid Protest; Improper Corrective Action Following GAO Protest; Improper Use of Competitive Range; FAR 15.306(c); Request For Revised Proposals Where Agency Requirements Are Unchanged; Impermissible Auction Through Price Disclosure; Preliminary Injunction Signed by Judge Wheeler.

10-357C • LATONYA CHIREE MOORE, v. UNITED STATES,

Filed 09/10/2010
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Tort Claims; Civil Rights; Injunctive Relief Signed by Judge Horn.

03-1753V • TIM HOKKANEN and NANCY HOKKANEN as parents and natural guardians on behalf of their minor son, ANDREW HOKKANEN, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 09/08/2010
Vaccine Act; Motion for Review; Non-Table Injury; Statute of Limitations; Stay of Proceedings; 42 U.S.C. § 300aa-16(a)(2) Signed by Judge Block.

98-126C • YANKEE ATOMIC POWER COMPANY, v. THE UNITED STATES,

Filed 09/07/2010
Spent nuclear fuel; decision on remand; net or incremental costs; mandate and preclusion principles Signed by Judge Merow.

10-319C • CERES GULF, INC., v. UNITED STATES,

Filed 09/07/2010
Pre-award Bid Protest; Subject Matter Jurisdiction; Ripeness; Lack of Meaningful Discussions; Army’s Corrective Action Following GAO Protest; Amendment to Solicitation; Solicitation of Revised Proposals Signed by Judge Wheeler.

09-442C • RICKIE J. YOUNG, v. THE UNITED STATES,

Filed 09/07/2010
Motion for Reconsideration, RCFC 59(a); Motion for Relief From Judgment, RCFC 60(b); Recoupment of Separation Pay, 10 U.S.C. § 1174(h)(2); Statute of Limitations, 28 U.S.C. § 2501; Issue Preclusion; Sua Sponte Raising of Jurisdiction; Lack of Oral Argument; Transfer, 28 U.S.C. § 1631 Signed by Judge Sweeney.

Nos. 02-1916T, 02-1917T, 02-1918T, 02-1919T, 02-1920T, 02-1921T, 02-1922T, 02-1923T, 02-1924T, 02-1925T • CENCAST SERVICES, L.P., et al., v. THE UNITED STATES,

Filed 09/03/2010
Tax refund suit; divisible tax and requirement to pay as prerequisite to refund suit; doctrine of variance; setoffs and counter-setoffs in tax refund cases; waiver of regulatory specificity requirement; informal claim doctrine; spoliation; adverse inference sanction; supplemental allegations to cure jurisdictional defect; motion for leave to file a consolidated, amended and supplemental complaint; futility of permitting amendment of complaint to assert independent contractor theory; illegal exaction; presumption of correctness of tax assessment; “naked” tax assessment; burden of proof in tax refund cases Signed by Judge Miller, G..

09-108 T • AMERGEN ENERGY CO., LLC, by and through EXELON GENERATION CO., LLC, tax matters partner, v. THE UNITED STATES,

Filed 09/01/2010
Tax Claim; RCFC 36(a)(6); Motion Regarding the Sufficiency of an Answer or Objection to Requests for Admission; Irrelevance of Private Letter Rulings Issued to Other Taxpayers Signed by Judge Bush.

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