USCFC General Jurisdiction-Reported

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04-1692C consolidated 08-782C, -783C & & -784C • FIREMAN'S FUND INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, AND UNIVERSAL UNDERWRITERS INSURANCE COMPANY, v. THE UNITED STATES,

Filed 05/26/2010
Contracts; trial; Contract Disputes Act of 1978, 41 U.S.C. § § 601-13 (2006); breach of contract; breach of warranty of specifications; breach of covenant of good faith and fair dealing; claim for lost productivity; delay claims; critical path; validity of Government counterclaim; damages Signed by Judge Miller, C..

09-111C • BRC LEASE COMPANY, v. THE UNITED STATES,

Filed 05/25/2010
RCFC 12(b)(1) Motion to Dismiss; Contract Disputes Act, 41 U.S.C. § § 601-613; Election Doctrine; Same Claim Pending Before Civilian Board of Contract Appeals Signed by Judge Firestone.

09-602C • USFALCON, INC., v. THE UNITED STATES,

Filed 05/21/2010
Post-award bid protest; competitive range determination; CECOM; Rapid Response -Third Generation; sample tasks; material terms;source selection plan; major rewrite or revision; deficiency; prejudice; arbitrary and capricious review standard; rational basis; deference to technical judgments; findings not in conflict with objective information nor inconsistent with subjective analysis Signed by Judge Wolski.

09-343C • RETIREMENT COMMUNITIES LLC, v. THE UNITED STATES,

Filed 05/19/2010
Summary Judgment; Breach of Contract; Constructive Change; Temporary Housing Lease Agreement Signed by Judge Hewitt.

09-440C • JAMES J. CHAPMAN, v. THE UNITED STATES,

Filed 05/18/2010
Judgment on Administrative Record; Military Discharge; Coast Guard Board for Correction of Military Records; Weight Manual; Personnel Manual; Physical Disability Discharge; Administrative Separation; Eating Disorder; Underlying Medical Condition; Weight Loss Probation;Reasonable and Consistent Progress Signed by Judge Damich.

09-784C • TECHNICAL INNOVATION, INC., v. THE UNITED STATES, and MILLENNIUM SYSTEMS SERVICES, INC., Defendant-Intervenor

Filed 05/18/2010
Post-award bid protest; dismissal for lack of subject matter jurisdiction,RCFC 12(b)(1); mootness; corrective action Signed by Judge Wolski.

03-2622C and 04-33C • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., and ENTERGY NUCLEAR INDIAN POINT 2, LLC, v. THE UNITED STATES,

Filed 05/17/2010
Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Sale of Nuclear Power Plant; Assignment of DOE's Standard Contract; Seller's Claim for Damages Measured by Diminution in Sales Price; Buyer's Claim for Mitigation Damages Due to DOE's Partial Breach of Standard Contract Signed by Judge Wheeler.

09-827C • BENEFITS CONSULTING ASSOCIATES, LLC, v. THE UNITED STATES, and BENALYTICS CONSULTING GROUP, Defendant-Intervenor

Filed 05/14/2010
Federal Acquisition Regulation 9.1(Responsible Prospective Contractors);Federal Acquisition Regulation 15.201 Exchanges with Industry Before Receipt of Proposals); Federal Acquisition Regulation 15.305 (Proposal Evaluation); Federal Acquisition Regulation 15.306 (Exchanges with Offerors After Receipt of Proposals); Federal Acquisition Regulation 15.506 (Post-Award Debriefing of Offerors); Federal Acquisition Regulation 52.215-8 (Order of Precedence - Uniform Contract Format); Federal Acquisition Regulation 52.219-9(Small Business Subcontracting Plan); Intervenor, RCFC 24(a); Judgment on the Administrative Record,RCFC 52.1;Post-Award Bid Protest; Standing Signed by Judge Braden.

08-664C • TODD O'BRYAN v. THE UNITED STATES

Filed 05/14/2010
Contract: Grazing permits approved and administered by the Department of the Interior's Bureau of Indian Affairs do not constitute contracts with the United States where the individual Indian landowners are charged with the responsibility for issuing the permits. Res Judicata: The doctrine of res judicata extends to the decisions of administrative agencies where the agency is acting in an adjudicative capacity and the parties have been given a full and fair opportunity to litigate their claims. Illegal Exaction: Where the government collects money pursuant to an erroneous construction of a regulation, a claim for the return of that sum is cognizable as a claim within the express jurisdiction of this court. Transfer of Claims: A claim cannot be transferred to another court pursuant to 28 U.S.C. § 1631 if the claim could not be filed in that court in the first instance. Signed by Judge Wiese.

09-857C • ELECTRONIC DATA SYSTEMS, LLC, v. THE UNITED STATES, and BAE SYSTEMS INFORMATION TECHNOLOGY INC., Defendant-Intervenor

Filed 05/13/2010
Post-award bid protest; Technology support contract; Cross-motions for judgment on the administrative record; Standard of review - Bannum - Axiom; Deviation from price evaluation terms; Failure to amend - violation of FAR § 15.206(a); Meaningful discussions; No violation of FAR § 15.306(d); Failure to modify solicitation did not, per se, result in violation of FAR's discussion requirements; Agency evaluation of data center proposal not arbitrary and capricious; No prejudice where disappointed bidder could not show it had a substantial chance of receiving contract but for the error; Alfa-Laval construed; Relief denied Signed by Judge Allegra.

99-447C & 03-2626C partially consolidated • BOSTON EDISON COMPANY, & ENTERGY NUCLEAR GENERATION CO., v. UNITED STATES,

Filed 05/12/2010
Post-trial decision in suit for damages for partial breach of Standard Contract for disposal of spent nuclear fuel; sale of nuclear power plant; buyer's claim for damages following on seller's correlative claim; foreseeability; causation; reasonable certainty of damages; government's right to recoup from buyer damages payable by government to seller measured by diminution in value of nuclear power plant; future maturity of recoupment right Signed by Judge Lettow.

03-2264C • A.F.T.E.R., INC., et al., v. THE UNITED STATES,

Filed 05/11/2010
RCFC 41(a)(1),Voluntary Dismissal; RCFC 59,Reconsideration, Altering Or Amending A Judgment; RCFC 60, Relief From A Judgment Or Order Signed by Judge Braden.

08-63C • THOMAS R. STINE, v. THE UNITED STATES,

Filed 05/10/2010
Navy disability evaluation system; Informal and Formal Physical Evaluation Boards ("PEBs"); waiver of formal PEB determination; legal competence; scope of waiver of hearing before formal PEB; Veterans Administration Schedule for Rating Disabilities ("VASRD"); Navy's use of VASRD to assess fitness for military duty; deference to determinations of the Board for Correction of Naval Records ("BCNR"); 10 U.S.C. § 1552(a)(1); 32 C.F.R. § 723.3(e)(2); BCNR's credibility determinations Signed by Judge Miller, G..

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

Filed 05/07/2010
Class Action; Motion for approval of proposal settlement; RCFC 23(e); Settlement found to be fair, reasonable and adequate; Motion granted Signed by Judge Allegra.

99-4451L • JOHN H. BANKS, ET AL., v. THE UNITED STATES,

Filed 05/04/2010
Motions In Limine to Strike Expert Reports; RCFC 26; FRE 702; Daubert Signed by Judge Hewitt.

99-550L into which has been consolidated No. 00-169 L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES OF AMERICA,

Filed 04/30/2010
Indian Trust Claim; Confederated Tribes of the Warm Springs Reservation v. United States; Damages for Breach of Trust Obligations; Breach of Duty to Make Prompt Deposits; Breach of Duty to Invest Prudently Signed by Judge Hewitt.

05-448C • RAYTHEON COMPANY, v. THE UNITED STATES,

Filed 04/29/2010
Partial Summary Judgment; Post-Retirement Benefits; Segment Closing Adjustment; Cost Accounting Standards; CAS 403, 48 C.F.R. § 9904.403; CAS 412, 48 C.F.R. § 9904.412; CAS 413, 48 C.F.R. § 9904.413; FAR 205-6(o), 48 C.F.R. § 31.205-6(o) Signed by Judge Firestone.

99-172C • GENERAL ELECTRIC COMPANY, v. THE UNITED STATES,

Filed 04/29/2010
Partial Summary Judgment; Post-Retirement Benefits; Segment Closing Adjustment; Cost Accounting Standards; CAS 403, 4 C.F.R. § 403; CAS 406, 4 C.F.R. § 406.40; CAS 412; 4 C.F.R. § 412; CAS 413, 4 C.F.R. § 413; FAR 205-6(o), 48 C.F.R. § 31.205 6(o)(1) Signed by Judge Firestone.

No. 09-804C Consolidated with No. 09-805C • MANTECH, INC., v. THE UNITED STATES

Filed 04/29/2010
Pre-award Bid Protest; Competitive Range Determination; Indefinite Delivery / Indefinite Quantity Contract; Price Realism. Signed by Judge Bruggink.

09-758C • HYPERION, INC., v. THE UNITED STATES,

Filed 04/29/2010
Pre-award Bid Protest; Competitive Range Determination; Indefinite Delivery/Indefinite Quantity Contract Signed by Judge Bruggink.

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