USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-133C • GLOBAL COMPUTER ENTERPRISES, INC., v. THE UNITED STATES, and QSS GROUP, INC., Defendant-Intervenor

Filed 07/24/2009
Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Federal Acquisition Streamlining Act of 1994; Subject Matter Jurisdiction;RCFC 12 (b)(1); Standing; Laches;Competition in Contracting Act;Ramcor Services Group,Inc.; AT&T Communications, Inc.; Contract Interpretation to Determine Scope of Solicitation and Prospective Bidders' Expectations; FAR § 19.502-2; "Rule of Two" Small Business Set-Aside; Injunctive Relief Signed by Judge Sweeney.

09-264C • MANCY N. THOMPSON, JR., v. UNITED STATES OF AMERICA,

Filed 07/24/2009
Jurisdictional Statute of Limitations;Equitable Tolling; Accrual Suspension; Military Back Pay Signed by Judge Block.

03-654V • ROLF and ANGELA HAZLEHURST, parents of WILLIAM YATES HAZLEHURST v. SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES

Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any, between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing, failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism. Signed by Judge Wiese.

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

Filed 07/22/2009
Bid Protest; Motion to Supplement the Administrative Record; Esch; Axiom Resource Management, Inc.; Motion to Strike; Lay Opinion Evidence; Hearsay; Hearsay Exceptions; Fed. R. Evid. 403, 701,803; Cumulative Evidence Signed by Judge Sweeney.

07-324C • TODD CONSTRUCTION, L.P., f/k/a, TODD CONSTRUCTION CO., INC., v. THE UNITED STATES,

Filed 07/22/2009
Court of Federal Claims Rule 12(b)(6); failure to state a claim upon which relief can be granted;performance evaluation; Tucker Act, 28 U.S.C. § 1491(a)(2); non- monetary contract dispute; court authority to issue declaratory judgment; court authority to remand to agency for further action with "proper and just" direction; Contract Disputes Act of 1978, 41 U.S.C. § 609; de novo review; matters within discretion of agency; abuse of discretion Signed by Judge Miller, G..

08-501C • PUBLIC SERVICE COMPANY OF OKLAHOMA, v. THE UNITED STATES,

Filed 07/22/2009
Contracts; Disputed Contract Provision Affecting Government Payment Liability; Contract as a Whole; Whether Rate Cited in Setoff Formula is Fixed or Subject to Adjustment Signed by Judge Bush.

08-860C • ALBERT LANKSTER, v. UNITED STATES,

Filed 07/22/2009
Claim for recovery of payment made in settlement of a student loan provided under the Perkins program; applicability of 34 C.F.R. § 682.402(c)(1)(i) as it existed in 2006, prior to amendment in 2007, which then provided for refund of payments made once the student-loan borrower became totally and permanently disabled; laches; payment made in accord with prior settlement of loan Signed by Judge Lettow.

04-1441T • FOUNDATION OF HUMAN UNDERSTANDING, v. THE UNITED STATES,

Filed 07/21/2009
Judgment on the Administrative Record; RCFC 52.1; Definition of Church; Revocation of Church Status; I.R.C. § 7428(a)(1)(B); Declaratory Judgment; I.R.C. § 509(a)(1); I.R.C. § 170(b)(1)(A)(i) Signed by Judge Hewitt.

08-902C • OK'S CASCADE COMPANY, v. THE UNITED STATES,

Filed 07/21/2009
Contract Disputes Act, 41 U.S.C. § 605(c)(1) (2006); Contractor's Failure to Certify Claims Exceeding $100,000; Effect of Contracting Officer's Decisions on Uncertified Claims; Contractor's Inability to Rely Upon Decisions Beyond the Scope of Contracting Officer's Authority Signed by Judge Wheeler.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE v. THE UNITED STATES

Filed 07/21/2009
Motion to compel production; Motion for protective order; Tribal trust fund case - fiduciary obligations; Attorney-client privilege; Work product doctrine; "Fiduciary exception;" Applicability to attorney-client privilege; Inapplicability to work product doctrine; Mixed-content documents; Requests for legal advice; Applicability of attorney-client privilege to advice received from agency counsel; RCFC 26(b)(5)(A) - waiver of privilege; RCFC 26(b) - relevancy; Tribal investment information not relevant to trust fund theories; Motions granted, in part, denied, in part. Signed by Judge Allegra.

06-211T • JAMES R. THOMPSON v UNITED STATES OF AMERICA

Filed 07/20/2009
Taxation of LLCs; Passive Activity Losses; 26 U.S.C. § 469; 26 C.F.R. § 1.469-5T; Statutory and Regulatory Interpretation Signed by Judge Block.

09-185C • RED RIVER HOLDINGS, LLC v. THE UNITED STATES

Filed 07/17/2009
Post-award bid protest; subject matter jurisdiction over maritime procurement; failure to comply with solicitation; national security concerns; equitable relief. Signed by Judge Merow.

REDACTED • Jane Doe\34 vs. SECRETARY OF HEALTH and HUMAN SERVICES

Filed 07/15/2009
Review of Special Master Decision; 42 U.S.C. § 300aa-12(e)(2)(B); 42 U.S.C. §300aa-15(a)(4); 42 U.S.C. § 300aa-15(f)(4)(A); 42 U.S.C. § 300aa-13(b)(1); Vaccine Rule 36(b); Vaccine Rule 8(c); Special Master Did Not Err In Evidentiary, Credibility, Fact-Finding, or Discretionary Determinations. Signed by Judge Firestone.

09-48C • OCEAN VIEW TOWERS ASSOCIATES, LIMITED PARTNERSHIP v. UNITED STATES

Filed 07/15/2009
"Section 8" housing assistance contract; timing of rent adjustments; 24 C.F.R. § 888.203; Housing and Urban Development Notice 95-12; statute of limitations; 28 U.S.C. § 2501; interpretation of contract in light of regulations and agency's notice Signed by Judge Lettow.

08-88C • CANAL 66 PARTNERSHIP d/b/a DOUBLETREE HOTEL, v. THE UNITED STATES

Filed 07/15/2009
Summary Judgment; Breach of Contract; Purchase Order; Contract Interpretation; Ambiguous Contract; Extrinsic Evidence. Signed by Judge Williams.

09-162C • RITO MENDEZ-CARDENAS, v. THE UNITED STATES,

Filed 07/13/2009
Motion to Dismiss; Pro Se Complaint Alleging Tort Claims and Constitutional Violations Occurring in State Prison; Relief Not Available Under 28 U.S.C. §1491, or Article III, Section 2 of the United States Constitution Signed by Judge Hewitt.

08-473C • ASHBRITT, INC., v. UNITED STATES OF AMERICA, Defendant, and CERES ENVIRONMENTAL SERVICES, INC. and ENVIRONMENTAL CHEMICAL CORPORATION, Intervenors

Filed 07/09/2009
Motion for Clarification; Meaning of Term "Reprocure"; Agency Discretion in Taking Corrective Action; Amendment of Decision Signed by Judge Williams.

97-334C • CCA ASSOCIATES, v. UNITED STATES,

Filed 07/08/2009
Late designation of witnesses for trial; applicability of RCFC Appendix A ¶ 13; requisite showing of need for testimony Signed by Judge Lettow.

08-911C • L-3 COMMUNICATIONS EOTECH, INC., v. THE UNITED STATES, Defendant, AIMPOINT, INC., Intervenor-defendant

Filed 07/08/2009
Pre-Award Bid Protest; Review of Army's Decision to Eliminate Protestor from Further Consideration; Supplementation of the Administrative Record Signed by Judge Bush.

07-601C • DANIEL L. DUMONDE, v. THE UNITED STATES,

Filed 07/08/2009
Motion to Dismiss; RCFC 12(b)(1); RCFC12(b)(6); Pro se Plaintiff Signed by Judge Smith.

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