USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-305C • TAYLOR CONSULTANTS, INC., v. THE UNITED STATES,

Filed 09/30/2009
Administrative Record, RCFC App. C (IV) ¶ 8(e);Competition in Contracting Act, 41 U.S.C. § 251; Contract Disputes Act,41 U.S.C. §601;Federal Acquisition Regulation, 48 C.F.R. § 3.104-3(a), 3.104-4(b),48 C.F.R. § 15.503(a)(2),48 C.F.R. § 19.301-1(c)-(d),48 C.F.R. § 19.302(d)-(j),48 C.F.R. § 33.101;Small Business Size Regulations,13 C.F.R. § § 121.1001-121.1101;Motion To Dismiss, RCFC 12(b)(1),(b)6); Standing; Procurement Integrity Act, 41 U.S.C. § 423; RCFC 15(a)(2); RCFC 7 (a)(2); Trade Secrets Act, 18 U.S.C. § 1905; Tucker Act, 28 U.S.C. § 1491(b)(1), as amended by the Administrative Dispute Resolution Act of 1996,Pub. L. No. 104-320 Signed by Judge Braden.

09-103L • DANIEL and KATHY HAGGART on their own behalf and on behalf of a class of others similarly situated, v. THE UNITED STATES,

Filed 09/28/2009
Rails-to-trails case; class certification; RCFC 23 Signed by Judge Lettow.

09-282C • FRANCES GAYDEN BROWN, v. THE UNITED STATES,

Filed 09/22/2009
Civilian Pay Suit; Statute of Limitations; Injunctive Relief Denied Where Court Lacks Jurisdiction; Further Filings Prohibited Absent Leave of Court Signed by Judge Wheeler.

08-269T & 08-270T • XIANLI ZHANG, GUIMIN LU, BAO HUA HE, BAOWEI DING, AND JILIN HU, v. THE UNITED STATES,

Filed 09/22/2009
Taxes; refund of excise taxes;RCFC 12(c) motion for judgment on the pleadings; Social Security Act taxes applied to resident-alien workers and their employees in Northern Mariana Islands; 26 U.S.C.(I.R.C.) § 3121(b) (2006); Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States,Act of March 24, 1976, Pub. L. No. 94-241, 90 Stat. 263 (codified as amended at 48 U.S.C. § 1801 note (2006));statutory construction Signed by Judge Miller, C..

09-218C • GEORGE U. SEARLES, JR., v. THE UNITED STATES,

Filed 09/18/2009
RCFC 12(b)(1), Dismissal for Lack of Jurisdiction to hear claims: Jobs for Veterans Act, 28 U.S.C. § § 4112, 4215,the Veterans EmploymentOpportunities Act, Pub. L. No. 105-339, 112 Stat. 3182, the Civil Rights Act of 1866, 42 U.S.C. § 1982, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e-2000e-17, the Civil Rights Act of 1968, Pub. L. No. 90-284,82 Stat. 72, the Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1071, the Americans with Disabilities Act ("ADA"), Pub. L. No. 101-336, 104 Stat. 327, the Rehabilitation Act, 29 U.S.C. § 791, and Executive Order ("E.O") 13,360, Exec. Order No.13,360, 69 Fed. Reg. 62,549 (Oct. 26,2004); No jurisdiction over claims sounding in tort or for violations of the Due Process Claus of the Fifth Amendment Signed by Judge Firestone.

05-1058C • HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, v. THE UNITED STATES, and MIDWEST TRANSPORT, INC., Defendant-Intervenor

Filed 09/18/2009
Trial; Postal Service mail delivery contract; Breach of contract; Transfer of contract; State court receivership proceedings; Rooker-Feldman doctrine;Collateral estoppel; State court ruling authorizing transfer of contract given preclusive effect; Novation - requirements;Novation did not cause anticipatory breach; Novation did not cause immediate breach - impracticability/impossibility doctrine; Lack of proof regarding damages;Credibility; Insufficient evidence to prove lost profits; Claim rejected Signed by Judge Allegra.

09-411C • PAI CORPORATION, v. THE UNITED STATES, and INNOVATIVE TECHNOLOGY PARTNERSHIPS, LLC, Defendant-Intervenor

Filed 09/17/2009
Post-Award Bid Protest: A motion for a permanent injunction will not be granted where the contracting officer adequately addressed any potential organizational conflicts of interest and where plaintiff failed to show that either the agency's inclusion of subcontractors in its evaluation of corporate experience or the agency's cost realism analysis was arbitrary or capricious Signed by Judge Wiese.

09-271C • UNISYS CORPORATION, v. THE UNITED STATES, Defendant, LOCKHEED MARTIN CORPORATION, Defendant-Intervenor

Filed 09/17/2009
Bid Protest; FAR Part 8 - Blanket Purchase Agreement; Motion to Dismiss - Challenge to Terms of Solicitation Barred Under Blue & Gold Fleet v. United States, 492 F.3d 1308 (Fed. Cir. 2007); Motions for Judgment on the Administrative Record; Discussions Under FAR Part 8 Were Not "Unfair"; Technical Evaluations Supported by the Administrative Record Signed by Judge Firestone.

08-771C • JEFFRY SCHMIDT, v. THE UNITED STATES,

Filed 09/16/2009
Motion to Dismiss; Correction of Military Records; 28 U.S.C. § 2501; Statute of Limitations as Jurisdictional Bar; 10 U.S.C. § 1201; Transfer Pursuant to 28 U.S.C. § 1631; "Interest of Justice" Signed by Judge Hewitt.

09-254C • GEORGE A. BROWN, v. UNITED STATES,

Filed 09/16/2009
Claim by a state prisoner for issuance of a writ of mandamus under 28 U.S.C. § 1361; applicability of the Prison Litigation Reform Act; 28 U.S.C. § 1915 g); "three strikes" rule Signed by Judge Lettow.

08-645C • CATHERINE JONES, et al., v. THE UNITED STATES OF AMERICA,

Filed 09/14/2009
Aviation and Transportation Security Act, 49 U.S.C. § 44935;Fair Labor Standards Act,29 U.S.C. § 207;security screeners; overtime compensation; statutory construction of "notwithstanding" Signed by Judge Baskir.

08-737T, 09-470T • DUANE W. LARSON, pro se, PAMELA A. LARSON, pro se, v. UNITED STATES,

Filed 09/11/2009
Taxation; Refund of Federal Income Tax; Interest; Res Judicata; Collateral Estoppel; Subject Matter Jurisdiction; Failure to State a Claim Signed by Judge Horn.

92-580C • SPARTON CORPORATION, v. THE UNITED STATES,

Filed 09/10/2009
Patents; Invalidity; Obviousness; Prior Art in Offer for Sale; Posttrial Opinion Signed by Judge Damich.

09-239C • DAWN HALL, v. THE UNITED STATES,

Filed 09/10/2009
RCFC 12(b)(1),Jurisdiction over claims for back pay and reinstatement, Civil Service Reform Act, leave for jury duty, 5 U.S.C. § 6322 (2006) Signed by Judge Futey.

03-2800C • WHITE & CASE LLP, v. THE UNITED STATES,

Filed 09/03/2009
Judgment on the administrative record;motion to dismiss for failure to state a claim upon which relief can be granted;interpretation of "any case" limiting an informer's award under 19 U.S.C. § 1619(c);Chevron deference; Skidmore deference; prudential ripeness Signed by Judge Wolski.

07-654C • PAULA R. MOOREHEAD, v. THE UNITED STATES,

Filed 09/03/2009
Equal Pay Act, 29 U.S.C. § 206(d)(1)(2006); gender-based pay disparities; Plaintiff's prima facie case; defendant's affirmative defense that differences in initial salary offers to plaintiff and male applicants were based upon factor other than gender; whether asserted genderneutral factor was pretextual Signed by Judge Miller, G..

No. 99-644V, No. 99-631V, No. 99-660V, No. 99-639V, and No. 01-307V • CLAUDIA ROTOLI, ET AL., v. SECRETARY OF HEALTH and HUMAN SERVICES,

Filed 09/02/2009
Hepatitis B Vaccine; Autoimmune Hepatitis (AIH); Causation-in-Fact; Credibility Determinations Under Andreu; Medical Theory; Appropriate Temporal Relationship; Alternative Causation Signed by Judge Firestone.

07-744C • INFORMATION SCIENCES CORP., and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC. (d/b/a Development InfoStructure or DEVIS), Plaintiff-Intervenor, v. THE UNITED STATES, and SYMPLICITY CORP., Defendant-Intervenor

Filed 09/02/2009
Attorney Fees;Equal Access to Justice Act,28 U.S.C. § 2412; Motion For Reconsideration,RCFC 59(a); Motion To Amend, RCFC 59(e); 28 U.S.C. § 1491(b)(4) Signed by Judge Braden.

09-045C • RAFAL FILIPCZYK, v. THE UNITED STATES,

Filed 09/02/2009
Reimbursement of Employee Lodging Expenses When Ship is in Port; Restrictions in Collective Bargaining Agreement; Subject Matter Jurisdiction; Summary Judgment; Boege v. United States, 206 Ct. Cl. 560 (1975) Signed by Judge Wheeler.

08-442C • BARRIE L. NEUTZE v. THE UNITED STATES

Filed 08/31/2009
Administrative Record, RCFC 52.1; Army Field Manual 21-20; Judgment on the Administrative Record, RCFC 52.1; Justiciability; Military Pay Act, 37 U.S.C. § 204(a); Motion To Dismiss, RCFC 12(b)(1), (b)(6); Pro Se; ROTC UP AR 145-1, para 3-43(a)(10); 10 U.S.C. § 2005(a)(3); 10 U.S.C. § 2104; 10 U.S.C. §2701(c)(1); 37 U.S.C. § 209(a)(2); Fed. R. Ev. 201 Signed by Judge Braden.

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