USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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..

09-53C • HOLLOWAY & COMPANY, PLLC, v. UNITED STATES, and GRANT THORNTON, LLP, Intervening Defendant

Filed 05/14/2009
Post-award bid protest; competition among holders of Federal Supply Schedule contracts issued by the General Services Administration; standing; supplementation of the record to include materials from prior protests before the Government Accountability Office; applicability of Federal Acquisition Regulation Subpart 8.4; price-reasonableness analysis Signed by Judge Lettow.

00-726C • UNIVERSAL SHELTERS OF AMERICA, INC., v. THE UNITED STATES,

Filed 05/12/2009
Judgment after trial; Contract Disputes Act; contract for commercial items; termination for cause; compliance with contract specifications; substantial compliance; duty of good faith and fair dealing; reprocurement costs; motion to dismiss for lack of subject matter jurisdiction; Sharman doctrine; judicial estoppel Signed by Judge Wolski.

08-417C • DICK PACIFIC/GHEMM, JV, on behalf of W.A. Botting Company, v. UNITED STATES,

Filed 05/11/2009
Certification of a claim under the Contract Disputes Act, 41 U.S.C. § 605; whether recertification is needed for a claim that is presented to a contracting officer for a second time by agreement of the parties; interpretation of a contractual clause providing for economic price adjustment of actual labor costs;FAR § § 16.203-1(a), 16.203-4(c), 52.216-4;disputed issues of material fact Signed by Judge Lettow.

99-212V • JOHN DOE/11 and JANE DOE/11, as representatives of the Estate of CHILD/DOE/11, Deceased, v. SECRETARY OF THE DEPT. OF HEALTH AND HUMAN SERVICES,

Filed 05/07/2009
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-1, et seq.; Hepatitis B Vaccine; Burden of Proof; Prima Facie Case; Expert Witness Credibility Signed by Judge Williams.

07-790C • ZORAIDA GONZALEZ, ET AL., v. THE UNITED STATES,

Filed 05/07/2009
Summary Judgment; RCFC 56;Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II Signed by Judge Hewitt.

08-331C • CENTRAL FREIGHT LINES,INC., v. THE UNITED STATES,

Filed 05/05/2009
RCFC 12(b)(1);Contract Carrier;Government Bills of Lading;Straight Bills of Lading;Rights and Remedies of Subcontractors;49 U.S.C. § 13706;41 C.F.R. § 102-118.35 Signed by Judge Firestone.

06-167L and consolidated cases • OTAY MESA PROPERTY L.P. et al., v. THE UNITED STATES,

Filed 05/05/2009
Fifth Amendment Takings Claim; Border Patrol's Activities on Plaintiffs' Property Near Mexican Border; Statute of Limitations; Partial Liability for Use of Motion- Detecting Sensors Signed by Judge Wheeler.

05-400C • MICHAEL W. STOVALL, v. THE UNITED STATES,

Filed 05/05/2009
Motion for reconsideration; RCFC 59; Parol evidence; Attorney-client privilege; Waiver of privilege based upon use of parol evidence Signed by Judge Allegra.

06-660L • CRV ENTERPRISES, INC. and C. RYAN VOORHEES, v. THE UNITED STATES,

Filed 04/30/2009
Assignment of Claims Act,31 U.S.C. § 3727(b);Claim Accrual;Estoppel; Jurisdiction; Littoral Rights;Just Compensation Clause, U.S. CONST. amend. V; Regulatory Taking; Riparian Rights;Standing;Statute of Limitations; Waiver Signed by Judge Braden.

08-330C • RENEE R. BERRY, v. UNITED STATES OF AMERICA,

Filed 04/30/2009
Motion to Dismiss for Lack of Jurisdiction; 28 U.S.C. § 1500; Sequence of Filing Claims on Same Day; Preemption of Jurisdiction Under Tucker Act by Civil Service Reform Act of 1978 Signed by Judge Block.

02-1085V • SCOTT and LAURA BONO, Parents of JACKSON BONO, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 04/30/2009
National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1 - 300aa-34 (2006); petition for review; statute of limitations, 42 U.S.C. § 300aa-16(a); occurrence of first symptom or manifestation of onset Signed by Judge Miller, C..

05-186L • LAVETTA ELK, v. THE UNITED STATES,

Filed 04/28/2009
Trial; Claim under bad men clause of Fort Laramie Treaty of 1868; Sexual assault of Sioux woman on Pine Ridge Indian Reservation; Construction of the word "reimburse" as used in the Treaty; Noneconomic damages recoverable under bad men clause; Assault victim found credible and a reliable witness; Nature of damages inquiry; Medical damages determined; Other economic damages determined; Damages for pain, suffering and emotional distress determined; Judgment awarded Signed by Judge Allegra.

08-551C • KLINGE CORPORATION, v. THE UNITED STATES, and SEA BOX, INC., Intervenor

Filed 04/27/2009
Request for reconsideration; bid protest; bid preparation costs; standing Signed by Judge Bruggink.

08-631C • PETER KALOS and VERON KALOS, v. THE UNITED STATES,

Filed 04/27/2009
RCFC 12(b)(1); RCFC 12(b)(6); Corporate Principals' Real Property as Security for Corporation's Payment and Performance Bonds; Purported Counterfeit Bonds; Termination for Default; Fifth Amendment Taking; Illegal Exaction; Privity of Contract Signed by Judge Sweeney.

08-21C & 09-113C • SAVANTAGE FINANCIAL SERVICES, INC. v. THE UNITED STATES,

Filed 04/22/2009
Bid Protest, Motion to Enforce the Court's Order, CICA, Undue Restriction on Competition, Agency's Minimum Needs, Applicability of Service Contract Act of 1965 Signed by Judge Futey.

95-524C • HOMER J. HOLLAND, STEVEN BANGERT, Co-Executor of the Estate of HOWARD R. ROSS, and FIRST BANK, v. THE UNITED STATES,

Filed 04/17/2009
Winstar-related proceeding; Financial Institutions Reform, Recovery,and Enforcement Act of 1989 ("FIRREA");Government's breach of contract; Government's counterclaims; prior settlement agreement between plaintiffs and Federal Deposit Insurance Corporation ("FDIC"); effect of release of only one of two or more joint obligors on a contract; covenant not to sue;claim for setoff of amounts paid by FDIC in prior settlement against damages awarded in this action; burden of proof; Illinois law Signed by Judge Miller, G..

08-905C • BLACKWATER LODGE & TRAINING CENTER, INC., v. UNITED STATES, Defendant, and AUTOMATION PRECISION TECHNOLOGY, LLC, (Defendant-Intervenor)

Filed 04/17/2009
Post-award Bid Protest; Challenge to Navy's Evaluation of Competitive Proposals; Discretion Afforded to Agency's Technical and Past Performance Evaluations; Reasonableness of Best Value Determination; Timeliness Issues Signed by Judge Wheeler.

07-299C • PAUL G. JASTER, et al., v. THE UNITED STATES

Filed 04/17/2009
Overtime Compensation for Commuting Time; Fair Labor Standards Act, 29 U.S.C. § § 201-219;Portal-to-Portal Act, 29 U.S.C. § § 251-62; 5 C.F.R. § § 551.401, 551.104 and 551.422 Signed by Judge Williams.

06-150C & 07-647C • VERIDYNE CORPORATION v. THE UNITED STATES

Filed 04/16/2009
Contracts; breach of contract;RCFC 15(a), motion to amend answer and counterclaim; special plea in fraud, 28 U.S.C. § 2514 (2006); False Claims Act, 31 U.S.C. § § 3729(a)(1), (a)(2)(2006); Contract Disputes Act of 1978, 41 U.S.C. § 604 (2006);undue delay; prejudice Signed by Judge Miller, C..

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