USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-312C • STANLEY K. MANN v. THE UNITED STATES

Filed 04/14/2009
Judgment after trial; damages for breach of contract; lease under Geothermal Steam Act of 1970; expectancy damages;uncertainty as to existence of lost profits; reliance damages based on assignor's costs; restitution based on benefits conferred by assignor Signed by Judge Wolski.

03-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP, a Michigan Limited Partnership, v. UNITED STATES

Filed 04/07/2009
Assertion of Claim for the First Time in the Motion for Reconsideration Signed by Judge Horn.

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

Filed 04/07/2009
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(a), (b) (2006) Signed by Judge Miller, C..

05-232V • MARY DARIN WILKERSON, as mother of her son, OTTO WILKERSON, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 04/03/2009
National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10 to -34 (2000); Statute of Limitations; "first symptom or manifestation of onset"; Markovich v. Sec'y of HHS,477 F.3d 1353 (Fed. Cir. 2007) Signed by Judge Hodges.

09-0099C • PLANETSPACE INC. v. UNITED STATES OF AMERICA, ORBITAL SCIENCES CORPORATION, Defendant - Intervenor, and SPACE EXPLORATION TECHNOLOGIES CORPORATION Defendant - Intervenor

Filed 04/02/2009
Post-award Bid Protest; Competition in Contracting Act Stay Override 31 U.S.C. § 3553(d) (2000); Administrative Procedure Act Standards 5 U.S.C. § 706 (2006) Signed by Judge Hodges.

00-705C • THE BOEING COMPANY v. THE UNITED STATES

Filed 04/02/2009
Trial; 28 U.S.C. § 1498; Damages owing to infringement of patent by NASA in developing super lightweight external tank for Space Shuttle; Hypothetical licensing agreement; Georgia Pacific factors; Reasonable royalty rate; Impact of prior licensing agreements involving same patent; Royalty base; Entire market value rule; Reliance on prior licensing agreements;Prejudgment interest; Compounding of interest Signed by Judge Allegra.

07-212C • ANN THOMAS, Pro se, v. THE UNITED STATES

Filed 04/01/2009
Civilian Pay; Equal Pay Act of 1963, 29 U.S.C. § 206 (2006); Prima Facie Case; Burden on Summary Judgment to Establish an Affirmative Defense under the Equal Pay Act; Merit System Signed by Judge Bush.

08-768C • RESOURCE CONSERVATION GROUP, LLC, v. THE UNITED STATES DEPARTMENT OF NAVY,

Filed 03/31/2009
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320, codified at 28 U.S.C. § 1491(b); Administrative Procedure Act,5 U.S.C. § § 701(a)(2), 706; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1),(b)(1) Signed by Judge Braden.

07-744C • INFORMATION SCIENCES CORP,Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC. (d/b/a Development InfoStructure or DEVIS), Plaintiff-Intervenor, v. THE UNITED STATES,

Filed 03/31/2009
Adequate Documentation;Apportionment;Attorney Fees;Eligible Party;Equal Access to Justice Act,28 U.S.C. § 2412;Miscellaneous Expenses;Motion to Strike, RCFC 12(f); Overtime Expenses;Paralegal Expenses;Substantial Justification;48 C.F.R. § § 15.101, 15.306(c), 15.308;RCFC 83.1 Signed by Judge Braden.

08-546C • ROMEO K. ABOO v. UNITED STATES

Filed 03/31/2009
Claim by cooperating witness of an implied-in-fact contract to keep his identity secret and to pay an award;payment from the Department of Justice Assets Forfeiture Fund; 28 U.S.C. § 524(c)(1)(B); release Signed by Judge Lettow.

06-141C • SHELL OIL COMPANY, UNION OIL COMPANY OF CALIFORNIA, ATLANTIC RICHFIELD COMPANY, and TEXACO INC. v. THE UNITED STATES

Filed 03/31/2009
Damages; CERCLA; Summary Judgment; Issue Preclusion; Collateral Estoppel Signed by Judge Smith.

09-188C • DATAPATH, INC., v. THE UNITED STATES

Filed 03/30/2009
Temporary Restraining Order;RCFC 65(c) Signed by Judge Braden.

08-354C • THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, et al., v. UNITED STATES

Filed 03/30/2009
Easements; Applicability of the Contract Disputes Act 41 U.S.C. § § 601-613; Statute of Limitations Signed by Judge Horn.

09-125C • NEQ, LLC, v. THE UNITED STATES, Defendant,and LATA-KEMRON REMEDIATION, LLC,Defendant-Intervenor

Filed 03/25/2009
Motion to supplement the administrative record; Esch factors - tension with Supreme Court precedent; Murakami;Impresa Construzioni construed; Motion granted, in part, and denied, in part Signed by Judge Allegra.

00-475C • TECOM, INC., v. THE UNITED STATES

Filed 03/25/2009
Judgment after trial; damages; breach of contract; equitable adjustment for constructive change; Contract Disputes Act;vehicle maintenance contract; excess maintenance backlog; actual costs; DCAA audit; REA preparation costs Signed by Judge Wolski.

08-72L • HOOPA VALLEY TRIBE, et al., v. THE UNITED STATES,Defendant and Third-Party Plaintiff, v. YUROK TRIBE, Third-Party Defendant

Filed 03/25/2009
Hoopa-Yurok Settlement Act, 25 U.S.C. § 1300i et seq.; Cross-Motions to Dismiss or for Summary Judgment; Lack of Standing Signed by Judge Wheeler.

08-479C • MARCUS L. WILLIAMS v. UNITED STATES

Filed 03/25/2009
Claim of right to monies withheld by the government to pay a debt due the Army and Air Force Exchange Service; collateral estoppel; taking; veterans'educational benefits Signed by Judge Lettow.

07-434C, 08-44C • MATTHEW J. CRUSAN, et al., v. UNITED STATES, and KATHY L. FEDERICO, et al., v. UNITED STATES,

Filed 03/24/2009
Motions for Partial Judgment on the Pleadings pursuant to RCFC 12(c); Fair Labor Standards Act, 29 U.S.C. § § 201-219; Portal-to-Portal Act, 29 U.S.C. § § 251-262; Compensation for Time Solely Spent Driving a Government-Owned Vehicle between Home and Work; Binding Precedent/Stare Decisis; Deference to Agency Regulations Signed by Judge Horn.

06-448C • MICHAEL KAWA v. THE UNITED STATES

Filed 03/23/2009
Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act, 41 U.S.C. § 601 et seq.; res judicata; claim preclusion; issue preclusion;privity; substantive legal relationship; real party in interest; third-party beneficiary; assignment of right to payment; implied-in-fact contract;ratification Signed by Judge Miller, G..

06-936L • UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA v. THE UNITED STATES

Filed 03/20/2009
Indian Claim; Motion to Dismiss for Lack of Jurisdiction; 28 U.S.C. § 1500; Actions Pending in U.S. District Court and Court of Federal Claims; Sequence of Filing Complaints on Same Day Signed by Judge Wheeler.

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