USCFC General Jurisdiction-Reported

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09-326C • AKAL SECURITY, INC. v. THE UNITED STATES, and SECURITY CONSULTANTS GROUP, INC. Defendant-Intervenor

Filed 06/10/2009
Bid Protest; Motion for Redaction Granted-in-Part and Denied-in-Part Signed by Judge Hewitt.

09-60C & 09-323C • ViroMed Laboratories, Inc., v. United States of America, and Center for Disease Detection, Intervenor

Filed 06/08/2009
Bid Protest; Preliminary Injunction; Civil Contempt Signed by Judge Block.

05-1029C • CALIFORNIA HUMAN DEVELOPMENT CORPORATION, v. THE UNITED STATES,

Filed 06/05/2009
Breach of Contract; Agreement to Negotiate in Good Faith; Head Start Grant; 42 U.S.C. § § 9831,9833; 45 C.F.R. § 74.32(c);45 C.F.R. § 16; OMB Circular A-122 Signed by Judge Williams.

08-250C • EUGENE C. SMALLS, v. THE UNITED STATES,

Filed 06/05/2009
Claim for reimbursement by the Department of Veterans Affairs ("VA") of costs of medical treatment rendered by non-VA physicians;reopening a claim for such reimbursement following denial by VA; 38 U.S.C. § 511(a); suit to compel agency action unreasonably delayed, 5 U.S.C. § 706(1); adequate remedy in Veterans Court, 5 U.S.C. § 704; motion to dismiss pursuant to Rule 12(b)(1); pro se plaintiff; subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; transfer pursuant to 28 U.S.C. § 1631 Signed by Judge Miller, G..

08-410C • RHINOCORPS LTD. CO., v. THE UNITED STATES,

Filed 06/04/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); smallbusiness set-aside;48 C.F.R. (FAR) § 52.219-14(b)(1) (2006),50% limitation on subcontracting; FAR 19.502-2(b)(2006); FAR 19.601, referral to Small Business Administration for Certificate of Competency; supplementation of administrative record Signed by Judge Miller, C..

03-1155T • THE COCA-COLA COMPANY and SUBSIDIARIES v. UNITED STATES OF AMERICA

Filed 06/03/2009
Corporate Income Tax; Overpayment Interest; 26 U.S.C. § § 6411, 6611; Statutory Interpretation Signed by Judge Block.

08-847 L • BARLOW & HAUN, INC., et al., v. THE UNITED STATES

Filed 06/01/2009
Rule 12(b)(1); Rule 12(b)(6); statute of limitations; accrual of breach of contract and taking claims; ripeness; taking alleged concurrently with breach of contract by Government Signed by Judge Miller, G..

09-188C • DATAPATH, INC., v. THE UNITED STATES, and L-3 GLOBAL COMMUNICATIONS SOLUTIONS, INC., Defendant-Intervenor

Filed 05/29/2009
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 § § 12(a),(b), 110 Stat. 3870 (1996), codified at 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; Administrative Record,RCFC Appendix C, ¶ 22(u); Competition in Contracting Act,10 U.S.C. § 2304, et al.; Federal Acquisition Regulation,48 C.F.R. § § 6.101(b), (c), 6.302-1(a)(2)(ii); Intervenor, RCFC 24(a)(2);Judgment on the Administrative Record;Pre-Award Bid Protest;Standing Signed by Judge Braden.

06-741T • STRATEGIC HOUSING FINANCE CORPORATION OF TRAVIS COUNTY, v. THE UNITED STATES,

Filed 05/29/2009
Motion to Alter or Amend Judgment; RCFC 59(e); Standard Identical for Motion for Reconsideration; RCFC 59(a) Signed by Judge Sweeney.

07-352C • PACIFIC GAS AND ELECTRIC COMPANY, v. THE UNITED STATES,

Filed 05/29/2009
Breach of Contract Action; Effect of Tariff for Grid Management Pass Through Charges Approved by Federal Energy Regulatory Commission; Implied-In-Fact Contract; Cross-Motions for Summary Judgment; Genuine Issues of Material Fact Signed by Judge Wheeler.

07-849C • GRAND ACADIAN, INC., v. THE UNITED STATES,

Filed 05/29/2009
Cross-Motions for Summary Judgment; RCFC 56; Interpretation of Post-Katrina Lease by FEMA for Undeveloped Property in Louisiana Signed by Judge Hewitt.

08-730C • DAVID G. DEBATTO, v. UNITED STATES,

Filed 05/28/2009
Benefits for military disability; 10 U.S.C. § 1201; comparability of nearly concurrent disability ratings made by the Army and by the Department of Veterans Affairs,using the same criteria Signed by Judge Lettow.

08-817C • JUAN BENITO CASTRO, v. THE UNITED STATES,

Filed 05/28/2009
Pro se Plaintiff; Motion to Dismiss;RCFC 12(b)(1); Subject Matter Jurisdiction; 28 U.S.C. 1495; 28 U.S.C. § 2513 Signed by Judge Smith.

09-36C • LEON TASBY, v. THE UNITED STATES,

Filed 05/28/2009
Pro Se standard; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1492; 28 U.S.C. § 1651; 28 U.S.C. § 1495; 28 U.S.C. § 2513 Signed by Judge Smith.

08-745C • ROSA D. BONEWELL, v. THE UNITED STATES,

Filed 05/26/2009
RCFC 12(b)(1); Survivor Benefit Plan, 10 U.S.C. § § 1447-1455; Former Spouse Election; Deemed Former Spouse Election; Jan's Helicopter Service, Inc. Signed by Judge Sweeney.

08-677C • RANDAL M. BEVEVINO, et al., v. THE UNITED STATES,

Filed 05/21/2009
Civilian pay; Underpayment Claim; Prevailing Rate System Act, 5 U.S.C. § § 5341-5349(2006); 5 C.F.R. § 532.211(2009); Continuing Claims Doctrine; RCFC 12(b)(1)Challenge to Claim for Equitable Relief; Money-Mandating Source for Pay Claims; Limits on Administrative Discretion Signed by Judge Bush.

04-1569C • MNS WIND COMPANY, LLC v. THE UNITED STATES,

Filed 05/15/2009
Breach of contract; easement agreement;National Environmental Policy Act;condition precedent Signed by Judge Damich.

96-166C • ZOLTEK CORPORATION, v. THE UNITED STATES,

Filed 05/15/2009
Motion to strike; patent invalidity under 35 U.S.C. § 103; requirement to consider evidence of secondary considerations of non-obviousness; effect of the military and state secrets privilege; using the military and state secrets privilege as a "sword" and "shield"; waiver of sovereign immunity in 28 U.S.C. § 1498 Signed by Judge Damich.

08-410C • RHINOCORPS LTD. CO., v. THE UNITED STATES,

Filed 05/15/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunction; small-business setaside; irreparable harm; undue hardship; mootness; whether decision not to issue follow-on contract as small business setaside violates 48 C.F.R.(FAR) § 19.502-2(b)(2006) Signed by Judge Miller, C..

08-410C • RHINOCORPS LTD. CO., v. THE UNITED STATES,

Filed 05/15/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); motion to dismiss pursuant to RCFC 12(b)(1); small business setaside;jurisdiction; standing; mootness; whether decision not to issue follow-on contract as small business set-aside violates 48 C.F.R. (FAR) § 19.502-2(b)(2000); motion to dismiss pursuant to RCFC 12(b)(6);whether complaint states a cognizable challenge to reasonableness of agency decision not to continue to procure through small business set-aside Signed by Judge Miller, C..

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