USCFC General Jurisdiction-Reported

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01-79C • CBS CORPORATION, v. THE UNITED STATES,

Filed 12/08/2009
Segment Closing Date under Original CAS 413, 4 C.F.R. § 413-50(c)(12)(1986); Segment Closed when Contractor Stopped Performing on Government Contract and Stopped Incurring any Direct Labor Charges Signed by Judge Firestone.

09-532C • DARLENE W. LOW, v. THE UNITED STATES,

Filed 12/07/2009
Rule 12(b)(1); Motion to Dismiss; 28 U.S.C. §1500; Previously Filed District Court Action; Same Operative Facts; Requests for Same Relief Signed by Judge Wheeler.

08-17C • DISTRIBUTION POSTAL CONSULANTS, INC., v. THE UNITED STATES,

Filed 12/07/2009
Apparent Authority; Breach of Contract Signed by Judge Bruggink.

05-743T • ELWOOD J. LEBLANC, JR. AND JANICE L. LEBLANC, v. THE UNITED STATES,

Filed 12/04/2009
Federal income tax; Summary judgment; Abandonment of partnership interest; Section 165 of the Internal Revenue Code - loss deduction; TEFRA partnership provisions; Jurisdiction - whether abandonment loss deduction was proper is "affected item" over which jurisdiction lies; Adjusted basis of partnership interest; Section 705 of the Internal Revenue Code; Treatment of distributed losses; Partnership interest had zero basis;Loss deduction properly disallowed Signed by Judge Allegra.

09-372C • STRUCTURAL ASSOCIATES, INC./COMFORT SYSTEMS USA (Syracuse) Joint Venture, v. THE UNITED STATES,

Filed 12/03/2009
Post-Award Bid Protest: Where an agency distinguished between offerors for a contract award based on whether an offeror had experience constructing the same type of building as identified in the solicitation, the agency: (1) was not required to raise the protestor's past experience in discussions since the agency did not consider that experience a weakness; (2) did not disregard the weighting scheme set forth in the solicitation since the solicitation explicitly provided that offerors who met all of the criteria may be more highly rated; and (3) properly conducted its best value analysis since the determination that an offeror's possession of the same experience as sought in the solicitation warranted a higher price was within the discretion of the agency Signed by Judge Wiese.

08-925C • CAPTAIN ROSS E. JOSLYN, v. THE UNITED STATES,

Filed 12/02/2009
Motion to Dismiss; Money-Mandating Statute; Motion for Judgment upon the Administrative Record; 10 U.S.C. § 1201; 37 U.S.C. § 204 Signed by Judge Hewitt.

09-332C • ALATECH HEALTHCARE, L.L.C., v. UNITED STATES OF AMERICA,

Filed 12/01/2009
Bid Protest, 28 U.S.C. § 1491(b)(1);Preference for Domestic Supplier; Statutory Interpretation;Meaning of "Feasible" v. "Possible";Procurement Action, 41 U.S.C. § 403(2); Remand Statute, 28 U.S.C. § 1491(a)(2) Signed by Judge Hodges.

07-861C • WYOMING SAWMILLS, INC., v. THE UNITED STATES,

Filed 11/30/2009
Contract Disputes Act,41 U.S.C. § 605(a);Exhaustion of Administrative Remedies; Motion For Summary Judgment,RCFC 56(c);National Forest Management Act of 1976,16 U.S.C. § 472a;Pub. L. No. 110-234;Ripeness;Tucker Act, 28 U.S.C. § 1491(a)(1),(a)(2);36 C.F.R. § 223.31;36 C.F.R. § 223.52(a)(1), (b)(2), (b)(3),(c);61 FED. REG. 54589, 54590 (Oct. 21, 1996) Signed by Judge Braden.

04-208V • STEVEN AND LISA RICHARDSON, on behalf of their daughter, MEGAN B. RICHARDSON, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 11/30/2009
Review of Special Master's Vaccine Act Decision; Onset of Seizures After DTaP Vaccination; Weight Accorded to Medical Records and Oral Testimony; Lack of Fundamental Fairness; Remand Signed by Judge Wheeler.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian tribe, v. THE UNITED STATES,

Filed 11/30/2009
RCFC 12(b)(1); Justiciability; Federal Grant-in-Aid Programs; Antideficiency Act; Federal Revenue Sharing; Housing Programs; WIC Program; Commodity Food Distribution Program; Block Grants;Employment and Training Programs;Appropriations Acts; Discretionary Schemes; Money-Mandating Network;Breach of Fiduciary Duty; Limited Trust;Common-Law Trust Signed by Judge Sweeney.

09-81L • WILLIAM C. WEBSTER, ET AL., v. THE UNITED STATES,

Filed 11/30/2009
Motion to Dismiss; Fifth Amendment; Takings; 28 U.S.C. § 2501; Transfer Pursuant to 28 U.S.C. § 1631 Signed by Judge Hewitt.

04-1255C • LUMBERMENS MUTUAL CASUALTY, v. UNITED STATES OF AMERICA,

Filed 11/25/2009
Jurisdiction; Contract Administration; Equitable Subrogation; Pro Tanto Discharge; Impairment of Suretyship;Federal Acquisition Regulation; Contract Dispute Act; National Surety Corp v. United States Signed by Judge Hodges.

09-183C • NANCY MELENDEZ CAMILO, v. UNITED STATES OF AMERICA,

Filed 11/25/2009
Claim by retired Air Force officer for back pay and correction of her military records; subject matter jurisdiction; judgment on the administrative record Signed by Judge Lettow.

00-115L • DAUPHIN ISLAND PROPERTY OWNERS ASSOCIATION, INC. a non-profit corporation; and JAMES W. HARTMAN, v. THE UNITED STATES,

Filed 11/24/2009
Fifth Amendment Taking; Class Actions; RCFC 23; Settlement,voluntary dismissal, or compromise; Hearing and finding regarding the fairness,reasonableness, and dequacy of a proposed settlement Signed by Judge Futey.

09-59C • MICHAEL A. STEINBERG, v. THE UNITED STATES,

Filed 11/24/2009
Motion to Dismiss Complaint by Pro Se Plaintiff Unable to Gain Admittance to 2009 Presidential Inauguration Ceremonies; Dismissal of Claim for Breach of Contract Signed by Judge Hewitt.

04-1335C • JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, et al. v. THE UNITED STATES,

Filed 11/24/2009
Class action; Civilian pay case - premium pay; Settlement; Preliminary fairness approval Signed by Judge Allegra.

07-273L & 07-426L • STEPHEN J. and LINDA L. ROGERS, DONALD E. and JUDITH DURAN, DENISE RIZZO, DWIGHT and CAROLYN AUSTIN, KATHY BECKER, et. al., v. THE UNITED STATES,

Filed 11/23/2009
Motion For Partial Summary Judgment; Class Action; Fifth Amendment Takings; Trails Act; 16 U.S.C. § 1247(d); Florida Law; Fee Simple; Right-of-Way; Creation of Easement Under Florida Law; Prescriptive Easement; Abandonment of Easement; Equitable Estoppel; Reversion Signed by Judge Williams.

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

Filed 11/20/2009
Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court's Opinion of July 28, 2009 Signed by Judge Hewitt.

09-741L • FARMERS COOPERATIVE COMPANY, v. UNITED STATES OF AMERICA,

Filed 11/19/2009
Pre-Certification Notice of Class Action; RCFC 23 Signed by Judge Block.

03-1242C • UNITED PARTITION SYSTEMS, INC., v. THE UNITED STATES,

Filed 11/19/2009
Post-trial decision on claim for damages respecting a construction contract allegedly terminated improperly for default; consequences of termination by contracting officer who did not have jurisdiction; resulting constructive termination for convenience;damages Signed by Judge Lettow.

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