USCFC General Jurisdiction-Reported

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06-465C • THE LIQUIDATING TRUSTEE ESTER DUVAL OF KI LIQUIDATION, INC., f/k/a KULLMAN INDUSTRIES, INC., v. THE UNITED STATES,

Filed 08/11/2009
Contracts, summary judgment;RCFC 56(c); counterclaim for fraud; False Claims Act,31 U.S.C. § § 3729(a)(1), (b)(1)(2006); 28 U.S.C. § 2514(2006); burden of proof on fraud claims Signed by Judge Miller, C..

99-4451 L c/w 99-4453L, 99-4454L, 99-4455L, 99-4456L, 99-4457L, 99-4458L, 99-4459L, 99-44510L, 99-44511L, 99-44512L, 00-365L, 00-379L, 00-380L, 00-381L, 00-382L, 00-383L, 00-384L, 00-385L, 00-386L, 00-387L, 00-388L, 00-389L, 00-390L, 00-391L, 00-392L, 00-

Filed 08/11/2009
Governmental Taking by Gradual Physical Process; Erosion; Date of Taking; Determination of Owners to Whom Just Compensation is Due;Entitlement to Damages for Loss Preceding Date of Acquisition of Property Interest; Entitlement to Damages for All Reasonably Foreseeable Future Loss Irrespective of Subsequent Transfer of Property Interest; Entitlement to a Portion of the Cost of Shore Protection Measures; In the Alternative, Entitlement to a Portion of the Value of All Reasonably Foreseeable Future Loss to Plaintiffs'Properties Signed by Judge Hewitt.

01-162V • COLTEN SNYDER, by and through KATHRYN SNYDER and JOSEPH SNYDER, his natural guardians and next friends v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/11/2009
Vaccine Act, 42 U.S.C. § § 300aa-1 to -34; MMR and Thimerosal-Containing Vaccines; Omnibus Autism Proceeding; Role of Special Masters; Use of Three Special Masters to Hear General Causation Evidence; Admitting and Weighing Evidence; Daubert; Causation-in-Fact; Althen; Unfounded Allegations of Bias Signed by Judge Sweeney.

09-125C • NEQ, LLC, v. THE UNITED STATES, and LATA-KEMRON REMEDIATION, LLC, Defendant-Intervenor

Filed 08/10/2009
Post-award bid protest; EPA contract for emergency and rapid response services; Motion for judgment on the administrative record - nature of review - Bannum; Proper scope of the administrative record - Axiom; Unstated evaluation factor - metropolitan presence of emergency responders; Subcontractor requirements;Adequacy of trade-off decision; Failure to address other injunctive factors; Relief denied Signed by Judge Allegra.

98-916V • THERESA and MICHAEL CEDILLO, as Parents and Natural Guardians of MICHELLE CEDILLO, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 08/06/2009
Vaccine Act; Omnibus Autism Proceeding;Effect of Thimerosal and Measles, Mumps,and Rubella Vaccine in Causing Autism; Burden of Proof; Standard of Review;Analysis of Causation-in-Fact Evidence; Assessment of Expert Testimony Signed by Judge Wheeler.

09-6T • CYNTHIA D. DOYLE, a/k/a CYNTHIA D. DOYLEAVRIGIAN, v. THE UNITED STATES,

Filed 08/06/2009
Tax Refund Suit; Pro Se; Subject Matter Jurisdiction; Motion to Dismiss; Rule 12(b)(1)of the Rules of the Court of Federal Claims("RCFC"); RCFC 12(b)(6); Jurisdictional Prerequisites to Filing Tax Refund Suit with the Court; 26 U.S.C. § 7422; Compliance with Statute of Limitations; 26 U.S.C. § 6511; 26 U.S.C. § 6532; Proof of Delivery; 26 U.S.C. § 7502 Signed by Judge Miller, G..

95-517C • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. THE UNITED STATES,

Filed 08/06/2009
Winstar-Related Case; Attorneys' Fees and Costs; Provision in Assistance Agreement That Prevailing Party is Entitled to Reasonable Attorneys' Fees and Other Costs; Sovereign Immunity; RCFC 6(b)(2); RCFC 54(d)(1);Tucker Act, 28 U.S.C. § 1491;Equal Access to Justice Act, 28 U.S.C. § 2412; Bill of Costs; 28 U.S.C. § 1920; Time Deadlines for Briefs on Bill of Costs; Contractual Fee-Shifting Provision as Alternative Basis for Recovery of Costs Signed by Judge Miller, G..

98-916V • THERESA and MICHAEL CEDILLO, as Parents and Natural Guardians of MICHELLE CEDILLO v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/06/2009
Vaccine Act; Omnibus Autism Proceeding; Effect of Thimerosal and Measles, Mumps, and Rubella Vaccine in Causing Autism; Burden of Proof; Standard of Review; Analysis of Causation-in-Fact Evidence; Assessment of Expert Testimony. Signed by Judge Wheeler.

09-8C • RUDOLPH RHABURN, v. THE UNITED STATES,

Filed 08/05/2009
Pro Se Complaint; RCFC 12(b)(6); Fifth Amendment Taking; Police Power Signed by Judge Sweeney.

09-03C • JOB J. THYKKUTTATHIL, et al., pro se v. THE UNITED STATES

Filed 08/04/2009
Regulatory Takings Claim; Pro Se Plaintiffs; RCFC 12(b)(6); Bank Seizure Not a Compensable Taking. Signed by Judge Bush.

06-101C • JAY CASHMAN, INC., v. THE UNITED STATES,

Filed 08/04/2009
Partial motion for summary judgment/crossmotion for summary judgment; Government contract case - action under the Contract Disputes Act; Dredging contract; Hydrographic multibeam acoustic survey; Minimum depth versus average depth method; Equitable adjustment; Contract ambiguity/missing term; Duty to Cooperate; Alleged violation of manual provision not actionable; Patent ambiguity; Numerous genuine issues of material fact identified; Summary relief largely denied; Trial to be scheduled Signed by Judge Allegra.

05-1119L • ST. BERNARD PARISH AND OTHER OWNERS OF REAL PROPERTY IN ST. BERNARD PARISH OR THE LOWER NINTH WARD OF THE CITY OF NEW ORLEANS v. UNITED STATES

Filed 08/03/2009
Coastal Wetlands Planning Protection and Restoration Act of 1990, Pub. L. No. 101-646; Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, Pub. L. No. 109-234; Failure to State a Claim, RCFC 12(b)(6); Fish and Wildlife Coordination Act of 1946, Pub. L. No. 79-732; Just Compensation Clause, U.S. CONST. amend. V; River and Harbor Act of 1956, Pub. L. No. 84-455; River and Harbor Act of 1968, Pub. L. No. 90-483; Stabilization Doctrine; Statute of Limitations; Summary Judgment, RCFC 56; Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

07-637C • NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal entity and political subdivision of the State of Colorado, v. THE UNITED STATES,

Filed 07/31/2009
Dispute over miscellaneous-revenue provisions of contract for the Colorado-Big Thompson Project, a multi-purpose water project in Colorado; Property Clause of the Constitution, U.S. Const. art. IV, § 3,cl. 2; Appropriations Clause of the Constitution, U.S. Const. art. I, § 9,cl. 7; authority to contract; Interior Department Appropriation Act of 1938; Hayden-O'Mahoney Amendment, 43 U.S.C. § 392a; Reclamation Reform Act of 1982, 43 U.S.C. § 390xx Signed by Judge Lettow.

09-182C • TIMOTHY DOYLE YOUNG, v. UNITED STATES,

Filed 07/31/2009
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915; Motion to Proceed In Forma Pauperis;Three Strikes Rule; Frivolous Complaint Signed by Judge Horn.

06-245T, 06-246T, and 06-247T • MURFAM FARMS, LLC, By and Through Wendell H. Murphy, Jr., A Partner Other than Tax Matters Partner, v. THE UNITED STATES,

Filed 07/30/2009
TEFRA Partnership Proceeding;Motion for Partial Summary Judgment; Validity of Treas. Reg. § 1.752-6; Taxpayer Bill of Rights 2;Retroactivity; 26 U.S.C. § 7805 Signed by Judge Damich.

02-0411V • JOHN DOE 21, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/30/2009
Causation-In-Fact;National Vaccine Injury Act,42 U.S.C. § 300 aa-1 et seq.; Remand;Treating Physician Signed by Judge Braden.

09-255C • TEXAS BIO- & AGRO-DEFENSE CONSORTIUM, v. UNITED STATES OF AMERICA, and HEARTLAND BIO AGRO CONSORTIUM, Intervenor

Filed 07/30/2009
Post-Award Bid Protest; Site Selection For Construction Of National Bio- and Agro-Defense Facility; Ripeness Signed by Judge Williams.

06-803C • WONDERLYN LORRAINE BELL PINCKNEY, v. THE UNITED STATES,

Filed 07/28/2009
Trial; United States Postal Service Highway Contract Route Contract; Wrongful Termination for Default; Conversion to Termination for Convenience Signed by Judge Hewitt.

08-133C • GLOBAL COMPUTER ENTERPRISES, INC., v. THE UNITED STATES, and QSS GROUP, INC., Defendant-Intervenor

Filed 07/28/2009
RCFC 59(e); Motion to Amend Judgment; Clarification of Decision;Use of Phrase "Fair and Open Competition"; Agency Discretion Signed by Judge Sweeney.

05-142C • ARTURO MORENO, JR., individually and on behalf of others similarly situated, v. THE UNITED STATES,

Filed 07/27/2009
Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Statute of Limitations for Willful Violations, 29 U.S.C. § 255(a); Knowing and Reckless Disregard for Overtime Requirement; Equitable Tolling; Defective Pleading Signed by Judge Firestone.

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