USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-502C • MEDICAL DEVELOPMENT INTERNATIONAL, INC. GOVERNMENT HEALTHCARE SERVICES, v. THE UNITED STATES,

Filed 11/18/2009
Pre-Award Bid Protest; Standard of Review; Whether Exclusion of Plaintiff from Competitive Range Deprived Plaintiff of Standing; Failure to Demonstrate Error Signed by Judge Hewitt.

07-195C • DARRELL BOYE et al., v. THE UNITED STATES,

Filed 11/12/2009
RCFC 12(b)(1); RCFC 12(b)(6); Third-Party Beneficiaries; Self-Determination Contracts; Law Enforcement and Criminal Investigation Services; Statute of Limitations; Continuing Claim Doctrine;Indian Law Enforcement Reform Act;Indian Self-Determination and Education Assistance Act; Claim Preclusion Signed by Judge Sweeney.

99-212V • JOHN DOE/11 AND JANE DOE/11, As Representatives of the Estate of CHILD DOE/11, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 11/10/2009
Jurisdiction to Review Special Master's Decision on Interim Attorneys' Fees; 42 U.S.C. § § 300aa-12, 300aa-15; Court Award of Partial Interim Fees Signed by Judge Williams.

05-418V • JENNIFER MORSE, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 11/10/2009
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300aa-1 to -34 (2006); Attorneys' Fees and Costs; Review of Special Master's Determination of Reasonable Costs; Expert Costs; Remand for Consideration of Request for Additional Fees and Costs Incurred in Preparing Motion for Review Signed by Judge Bush.

09-476C • PlanetSpace Inc., v. United States of America, Space Exploration Technologies Corporation, Intervenor, and Orbital Sciences Corporation, Intervenor

Filed 11/10/2009
Bid Protest; Supplementing the Administrative Record; Extra-Record Evidence; Judicial Review of Administrative Decisions Signed by Judge Block.

09-432 C • PHILLIP OZDEMIR vs THE UNITED STATES

Filed 11/09/2009
Bid Protest; Research and Plaintiff, Development Solicitation; Jurisdiction Over Non-Procurement Protest; Tucker Act, 28 U.S.C. § 1491; Motion to Dismiss Signed by Judge Damich.

09-263 C • JOHNNY WOODSON vs. THE UNITED STATES

Filed 11/09/2009
Pro se complaint; prisoner's application to proceed in forma pauperis; 28 U.S.C. § 1915; screening of prisoner complaint; 28 U.S.C. § 1915A; subject matter jurisdiction; RCFC 12(b)(1); tort claims; claims against individual federal officials; 28 U.S.C. § 1500 Signed by Judge Sweeney.

00-512L • PETRO-HUNT, L.L.C., vs. THE UNITED STATES

Filed 11/06/2009
Takings and contract case; Motion to dismiss under RCFC 12(b); Servitudes - prescription under Louisiana law; Mineral leases; Statute of limitations - 28 U.S.C. § 2501; Permanent takings claim - accrual suspension rule; Permanent takings claim untimely; Temporary takings; Temporary physical takings claim accrual point; Temporary takings claim allegedly occasioned by certain mineral leases made by the United States on property owned by plaintiff held timely; Contract claims held untimely; Temporary takings - mineral servitudes are compensable property interest; Nature of mineral lease under Louisiana law; Reformation. Signed by Judge Allegra.

09-542C • THE ANALYSIS GROUP, LLC, v. THE UNITED STATES, and SCIENCE APPLICATIONS INTERNATIONAL CORPORATION,

Filed 11/05/2009
Competition in Contracting Act, 31 U.S.C. § 3553(d)(3)(A); Administrative Procedure Act, 5 U.S.C. § 706(A)(2); Reilly's Wholesale Produce v. United States, 73 Fed. l. 705 (2006); Planetspace Inc. v. United States, 86 Fed. Cl. 566 (2009); Preliminary Injunction Signed by Judge Smith.

09-388C • AFGHAN AMERICAN ARMY SERVICES CORPORATION vs. THE UNITED STATES

Filed 11/04/2009
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Prejudice to Protestor Due to Errors in the Procurement Process; Propriety of Injunctive Relief; Price Realism Analysis; Independent Government Estimate; Best-Value Analysis; Failure to Comply With Material Requirement of Solicitation; Evaluations of Offerors' Past Performance and Past Experience; Bid Preparation and Proposal Costs; Interests of National Defense and National Security Signed by Judge Miller, G..

91-1470L • THE ESTATE OF E. WAYNE HAGE AND THE ESTATE OF JEAN N. HAGE, v. THE UNITED STATES,

Filed 11/03/2009
43 U.S.C. § 1752(g); Regulatory Taking; Fifth Amendment; Motion for Partial Reconsideration; RCFC 59 Signed by Judge Smith.

09-165C • EXXON MOBIL CORP., v. THE UNITED STATES,

Filed 11/03/2009
RCFC 40.2(a)(2)(B); RCFC 40.1(a)Entergy v. United States, 62 Fed. Cl. 798 (2004); Franconia Assocs. v. United States, 61 Fed. Cl. 798 (2004); Shell Oil v. United States,80 Fed. Cl. 411 (2008) Signed by Judge Smith.

09-74C • RALPH HUSBAND v. THE UNITED STATES

Filed 10/30/2009
Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1); Implied-In-Fact Bailment Contract; Intentional tort Exception, 28 U.S.C. § 2680(h); Jurisdiction; Pro Se; Takings Clause of the Fifth Amendment to the United States Constitution, U.S. Const. Amend. V; Transfer, 28 U.S.C. §1631; Tucker Act, 28 U.S.C. §1491(a)(1); Venue, 28 U.S.C. § 1402(b); 28 U.S.C. § § 1346(b)(1), 2401(b), 2675, 2680(c); 31 U.S.C. § § 3721-22; RCFC 12(b)(1), 12(b)(6), 15(a)(2); Restatement (Second) Of Torts § 222A(1) (1965). Signed by Judge Braden.

09-201 • Brad J. Montagne and Teri L. Montagne v. The United States

Filed 10/30/2009
Forfeiture, 28 U.S.C. § 2514; Jurisdiction, RCFC 12(b)(1), 12(b)(6); Pro Se; Transfer, 28 U.S.C. §1631; Tucker Act, 28 U.S.C. § 1491(a)(1); 26 U.S.C. § § 183(a), 183(c); 26 U.S.C. §1401(a); 26 U.S.C. § 6201(a)(1); 26 U.S.C. § § 6212(a)-(b); 26 U.S.C. § 6311; 26 U.S.C. § 6312, repealed by Pub. L. No. 92-5, § 4(a)(2); 26 U.S.C. § 6511(a); 26 U.S.C. §6651(a)(1); 26 U.S.C. § 6662(d)(1); 26 U.S.C. § 7214; 26 U.S.C. §7426(a); 26 U.S.C. § 7433(a); 26 C.F.R. § 301.6203-1; 26 C.F.R. § 301.6311-1; 26 C.F.R. § 301.6332-1(c)(4). Signed by Judge Braden.

06-702C • PHILIP EMIABATA d/b/a NOVA EXPRESS, v. THE UNITED STATES,

Filed 10/30/2009
Motion for Summary Judgment; RCFC 56(b); Pro se Plaintiff; Postal Service Board of Contract Appeals; Collateral Estoppel; Issue Preclusion; Res Judicata; Claim Preclusion Signed by Judge Smith.

09-95C • GREGORY V. WOOD, v. THE UNITED STATES,

Filed 10/30/2009
Suit for monetary damages for unjust conviction and wrongful imprisonment, 28 U.S.C. § § 1495, 2513 (2006); motion to dismiss pursuant to RCFC 12(b)(1),(6); whether § 2513 states jurisdictional requirements; use of nonprecedential opinions of United States Court of Appeals for the Federal Circuit Signed by Judge Miller, C..

06-553C • TAKOTA CORPORATION, v. THE UNITED STATES,

Filed 10/28/2009
Government Contracts; Construction Law; Differing Site Conditions; Breach of Contract; Summary Judgment Signed by Judge Bruggink.

07-776T • MANOR CARE, INC., (f/k/a HCR MANOR CARE, INC.) and Affiliated Subsidiaries, et al. v.THE UNITED STATES OF AMERICA,

Filed 10/27/2009
Tax refund case; Employer Tax Credits; Work Opportunity Tax Credit and Welfare-to-Work, 26 U.S.C.A. § § 51 and 51A; Statutory construction; Qualified individuals "certified by the designated local agency;" Special rules for certifications, 26 U.S.C.A. § § 51(d)(12); "receive or request" provision; Government's failure to issue guidance on eligibility criteria Signed by Judge Baskir.

07-465V • FRANCES CAMPBELL vs. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/26/2009
Vaccine case; off-Table claim stemming from rheumatoid arthritis allegedly caused by trivalent influenza vaccine; required elements of proof; causation Signed by Judge Lettow.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. THE UNITED STATES,

Filed 10/26/2009
Breach of Contract; Winstar Damages; Shifting of Regulatory Risk; Forbearance Allowing Excess Investment in Service Corporations; Material Breach; Date of Breach; Judicial Estoppel; Restitution; Partial Performance; Unfair Windfall; Tax Gross-Up Signed by Judge Williams.

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