USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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92-550C • NORTHEAST SAVINGS, F.A., v. THE UNITED STATES,

Filed 02/01/2010
Winstar Damages; Lost Profits; Cost of Capital; "Wounded Bank" Damages; Jury Verdict Signed by Judge Williams.

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

Filed 02/01/2010
Tribal trust case; Motion for stay pending further appellate review of Federal Circuit's denial of mandamus petition; Fiduciary exception to the attorney-client privilege; Weak showing of likelihood of success; Alleged irreparable harm not demonstrated; Damage to plaintiff based on further delay; Public interest; Motion denied; Production deadline extended to allow for filing of petition for rehearing Signed by Judge Allegra.

08-700C • JAY ANTHONY DOBYNS, v. THE UNITED STATES,

Filed 02/01/2010
Contract case; Motion to dismiss under RCFC 12(b)(1) and (b)(6); Jurisdiction; Tort claim arising primarily under contract; Breach of settlement agreement; Agreement to comply with applicable laws; Breach of covenant of good faith and fair dealing; Failure to state a claim; Twombly and Iqbal examined; Impact on Conley; Plausibility standard; Second amended complaint stated plausible breach claims; Freedom of Information Act Signed by Judge Allegra.

06-760 L • JOHN R. MILDENBERGER, et al. v. The United States

Filed 01/29/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction RCFC 12(b)(1); Motion for Summary Judgment RCFC 56; Fifth Amendment Takings Claim. Signed by Judge Bush.

09-735C • ESTERHILL BOAT SERVICE CORPORATION, v. THE UNITED STATES OF AMERICA,

Filed 01/28/2010
Prejudice; Error or Ambiguity in Solicitation; Jurisdiction; Waiver; Standing; Blue & Gold Fleet, L.P. v. United States; Weeks Marine, Inc. v. United States; Impresa Construzioni Geom. Domenico Garufi v. United States; "Interested Party"; "Economic Interest"; 10 U.S.C. § 2305(a)(1)(B)(ii); Contract Services Act; Agency Needs; Unlawfully Restricted Competition; Competitive Range; Federal Acquisition Regulation Signed by Judge Hodges.

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

Filed 01/28/2010
Post-trial decision on claims for breach of contract and of a taking arising from statutory recisson of a prepayment right for a mortgage attendant to a government-subsidized low- and moderate-income housing project; Emergency Low Income Housing Preservation Act of 1987; Low Income Housing Preservation and Resident Homeownership Act of 1990; privity of contract; Penn Central takings analysis; duration of restriction; reasonable investment-backed expectations; economic impact of the governmental action; just compensation Signed by Judge Lettow.

08-877C • K-MAR INDUSTRIES, INC. v. THE UNITED STATES

Filed 01/26/2010
Bid Protest; 5 U.S.C. § 706; Arbitrary and Capricious, Abuse of Discretion, and Otherwise Not in Accordance with Law Standard; Rational Basis; Service Contract Act, 41 U.S.C. § 351; 48 C.F.R. § 52.222-46; 48 C.F.R. § 22.1103; Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007) Signed by Judge Smith.

07-166C • PAUL E. DOLAN v. THE UNITED STATES

Filed 01/26/2010
Military pay; review of military correction board action; disability pay; simultaneous processing requirement; Army Reg. 600-8-24 ¶ ¶ 1-22, 1-23; Army Reg. 635-40 ¶ 4-4; whether Army required to retain service member for disability processing after Secretary of the Army approved his general discharge; harmless error. Signed by Judge Miller, C..

94-136V • TIMOTHY MCCOLLUM and LEE ANN MCCOLLUM, as Parents and Natural Guardians of GRANT F. MCCOLLUM v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/26/2010
Review of special master's decision; National Childhood Vaccine Injury Act, 42 U.S.C. § § 300 aa-1 et seq.; damages for parent's lost wages; expenses of home attendant; compensating parent for caring for child; motion for relief from judgment; RCFC 60(b)(6); extraordinary circumstances; deterioration in health of child Signed by Judge Miller, G..

09-737C • DMS ALL-STAR JOINT VENTURE v. THE UNITED STATES

Filed 01/26/2010
Pre-Award Bid Protest; Review of Procurement for Indefinite Delivery, Indefinite Quantity (IDIQ) Job Order Contract; Price Realism Analysis; Meaningful and Fair Discussions. Signed by Judge Bush.

09-414C • Henry E. Gossage V. THE UNITED STATES

Filed 01/14/2010
Army Regulation, 40-501 (Standards of Medical Fitness); Correction of Military Records; Disability Retirements; DOD Directive 1332.18; Judgment on the Administrative Record, RCFC 52.1; Justiciability; Pro Se; Statute of Limitations; Tucker Act, 28 U.S.C. § 1491(a); 10 U.S.C. § 1201(a); 10 U.S.C. § 1552(b); 38 U.S.C. § § 110, 1130. Signed by Judge Braden.

09-463C • QIAN IBRAHIM ZHAO v. UNITED STATES

Filed 01/14/2010
Claim by detained foreign national for damages for allegedly unlawful seizure of personal property; subject matter jurisdiction; application of 28 U.S.C. § 1500 Signed by Judge Lettow.

09-568C • MONTANA FISH, WILDLIFE, AND PARKS FOUNDATION, INC. v. UNITED STATES OF AMERICA

Filed 01/11/2010
Pre-award bid protest coupled with a claim for damages under the Contract Disputes Act; bifurcation; stay of filing an answer; supplementation of the administrative record Signed by Judge Lettow.

06-628T • WELLS FARGO & COMPANY AND SUBSIDIARIES, v. THE UNITED STATES

Filed 01/08/2010
Tax Refund Suit; Sale In/Lease Out (SILO) Tax Shelters; Depreciation and Interest Deductions; Substance Over Form Doctrine; Genuine Indebtedness; Economic Substance. Signed by Judge Wheeler.

09-158 • MARK R. RASMUSON and BRENDAN S. RASMUSON, et al. v. THE UNITED STATES

Filed 01/08/2010
Rails-To-Trails Case; National Trails System Act, 16 U.S.C. § § 1241-51 et seq. (2006); National Trails System Act Amendments of 1983, Pub. L. No. 98-11, § 208, 97 Stat. 42, 48; Railroad Revitalization and Regulatory Reform Act of 1976; U.S. Const. Amend V, Just Compensation Clause; 28 U.S.C. § 1491(a)(1) (2006); 45 U.S.C. § 801 (2006); 49 U.S.C. § 702 (2006); 49 U.S.C. § 10502 (2006); 49 U.S.C. § 10903 (2006); 49 C.F.R. § 1152.29(a), (d)(1); 49 C.F.R. § 1121.4(b); RCFC 20, Permissive Joinder; RCFC 23, Class Certification; RCFC 40.2(b), Indirectly Related Cases. Signed by Judge Braden.

02-873V • STACY CARSON AND AMY CARSON, AS LEGAL GUARDIAN FOR KIT CARSON V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 01/07/2010
Vaccine Act § 16(a)(2); Timeliness of Petition; Autism. Signed by Judge Williams.

09-851 • MICHAEL J. MODENA v. THE UNITED STATES

Filed 01/07/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Tort; Due Process; Pro Se Plaintiff; 28 U.S.C. § 1498(b). Signed by Judge Horn.

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

Filed 01/07/2010
Bid Protest; Negotiated Procurement; Cancellation; 28 U.S.C. § 1491; Standing; Interested Party; Justiciability; Ripeness; Mootness; RCFC 15; Supplemental Pleading Signed by Judge Block.

99-754C • NORMA C. SULLIVAN and DONALD E. SULLIVAN, v. THE UNITED STATES,

Filed 01/05/2010
Damages; Breach of Contract; No Prejudgment Interest Signed by Judge Smith.

07-816L, 07-822L • THE GEORGE FAMILY TRUST, By and Through Its Trustees, JOHN P. GEORGE, JULIA P. PAPA, and JERRY GEORGE, Trustees, v. THE UNITED STATES,

Filed 12/30/2009
Takings claims for flooding and flood damage; stabilization doctrine; accrual suspension rule; motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); statute of limitations, 28 U.S.C. § 2501 (2006); motion to dismiss for failure to state a claim upon which relief can be granted, RCFC 12(b)(6) Signed by Judge Miller, C..

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