USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-47 • HERMAN EDWARD WILLIAMS, v. UNITED STATES OF AMERICA,

Filed 03/02/2010
Military disability retirement; 10 U.S.C. § 12731b; moneymandating statute; statute of limitations; review of Army Board for Correction of Military Records Signed by Judge Bruggink.

09-864C • MISSION CRITICAL SOLUTIONS v. THE UNITED STATES

Filed 03/02/2010
Bid Protest; Statutory Interpretation; Small Business Administration; Priority of Historically Underutilized Business Zone Program over 8(a) Business Development Program Signed by Judge Hewitt.

07-547C • PATRICIA R. SHARP, MARGARET M. HAVERKAMP, and IVA DEAN ROGERS, v. THE UNITED STATES,

Filed 03/01/2010
Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A); whether Government's position was substantially justified; denial of attorneys' fees Signed by Judge Miller, G..

09-109T • Michael F. Curtin and Vivien G. Johnson, Personal Representatives of the ESTATE OF ELEANOR CLOSE BARZIN, Deceased, v. THE UNITED STATES,

Filed 02/26/2010
Taxes; General Claim Submission Statute, 31 U.S.C. § 3702; Check Forgery Insurance Fund Statute, 31 U.S.C. § 3343; Implied-in-Fact Contract Signed by Judge Margolis.

04-10C • ENERGY NORTHWEST, v. THE UNITED STATES,

Filed 02/26/2010
Spent Nuclear Fuel; Standard Contract; 1987 Acceptance Capacity Schedule (ACS); Annual Priority Ranking (APR); Mitigation; Dry Storage; ISFSI; GTCC Waste; Full Core Discharge Capability; Overhead; Cost of Capital Signed by Judge Damich.

00-749V • CATHERINE A. GRUBER, a minor, by her parents and natural guardians, GUSTAVO and TERESA GRUBER, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 02/25/2010
Vaccine; Fees; Standard of Review; Allowable Costs; Guardianship Costs; Documentation of Costs; Travel Time Costs Signed by Judge Horn.

09-374C • WHITE HAWK GROUP, INC., TODD CONSTRUCTION, LP; and WHITE HAWK/TODD, A Joint Venture, v. THE UNITED STATES OF AMERICA, DMS-ALL STAR JOINT VENTURE, Intervenor-Defendant, HE & I CONSTRUCTION, INC., Intervenor-Defendant

Filed 02/25/2010
Bid Protest; Tucker Act, 28 U.S.C. § 1491; Transfer from District Court Pursuant to 28 U.S.C. § 1631; Small Business Set Aside Procurement; Size Determination by Small Business Administration (SBA); "Size Protests;" SBA Office of Hearings and Appeals; Joint Ventures; The 3/2 Rule; Mootness; Standing; Federal Acquisition Regulation, 48 CFR §19.805.2(b)(2) Signed by Judge Baskir.

03-1613C • BELL BCI COMPANY, v. THE UNITED STATES,

Filed 02/24/2010
Contract Disputes Act; Partial Final Judgment for Claims Affirmed on Appeal; No Just Reason for Delay; RCFC 54(b); 41 U.S.C. § 609(e); Judgment Fund; 31 U.S.C. § 1304; Policy Favoring Prompt Payment of Decided Claims Signed by Judge Wheeler.

08-533C • CARDIOSOM, LLC, v. THE UNITED STATES OF AMERICA,

Filed 02/23/2010
42 U.S.C. §1395w-3(a)(1)(D); Durable Medical Equipment, Prosthetic Devices, Orthotics, and Supplies Competitive Acquisition Program ("DMEPOS CAP");statutory construction; prohibition on an "independent cause of action or right to administrative or judicial review ;" damages payable from Federal Supplementary Medical Insurance Trust Fund Signed by Judge Baskir.

09-629C • MELVIN HUGH HALL, v. THE UNITED STATES,

Filed 02/23/2010
Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Tort Claims Act; Tort-Based Allegations Signed by Judge Sweeney.

09-462C • DANIEL MASTROLIA, v. THE UNITED STATES,

Filed 02/19/2010
Rule 12(b)(1) and 12(b)(6)Motion to Dismiss; 28 U.S.C. §1500; Analysis of Operative Facts Underlying Claims in Different Courts; Dismissal of Claims Where Court Lacks Jurisdiction, or Where Party Failed to State Basis for Claim. Signed by Judge Wheeler.

10-10C • FRANCIS AKINRO, v. UNITED STATES,

Filed 02/17/2010
Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915; Due Process; Tort Signed by Judge Horn.

08-501C • PUBLIC SERVICE COMPANY OF OKLAHOMA, v. THE UNITED STATES,

Filed 02/16/2010
Contracts; Implied Waiver of Contract Provision; Effect of Non-Waiver Clause Signed by Judge Bush.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P., v. THE UNITED STATES, and LOCKHEED MARTIN AERONAUTICS COMPANY, (Intervenor)

Filed 02/16/2010
Post Award Bid Protest; Supplementation of Administrative Record; Allegations of Bias and Bad Faith; Applicability of Federal Rules of Evidence to Extra-Record Evidence in Bid Protest; Hearsay; Fed. R. Evid. 801(d)(2)(D); 803(8); 803(6); 404; 406 Signed by Judge Williams.

09-301C • MARYLAND ENTERPRISE, L.L.C., v. THE UNITED STATES,

Filed 02/15/2010
Anti-Assignment Acts, 31 U.S.C. § 3737,41 U.S.C. § 15; Anticipatory Repudiation; Cardinal Change of Contract; Cure Notice; Declaratory Judgment; Federal Acquisition Regulations, 48 C.F.R. § 552.270-13 (Itemized Cost Proposal); 48 C.F.R. § 552.270-14 (Changes Clause); 48 C.F.R. § 52.233-1 (Disputes Clause); Federal Property and Administrative Services Act of 1949, 40 U.S.C. § 490(h)(1); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Real Party In Interest, RCFC 17(a); Receivership; Standing; Tenant Improvement Allowance; Termination for Default Signed by Judge Braden.

06-491L • WALLACE OENGA, GEORGENE SHUGLUK, LEROY OENGA, SR., MICHAEL DELIA, TONY DELIA, JOSEPH DELIA, JENNIE MILLER, and TRINITY DELIA, v. THE UNITED STATES, and BP EXPLORATION

Filed 02/12/2010
Damages for Breach of Trust Responsibility; 25 C.F.R. Part 162 Alaska Native Allotment; Oil and Gas Production; Restitution; Oil Trespass; Continuing Claim Doctrine; Interest Signed by Judge Firestone.

09-445C • LEON TASBY, v. THE UNITED STATES,

Filed 02/03/2010
Pro Se Standard; Motion to Dismiss;Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1495; 28 U.S.C. § 2513; Tort Claims; Constitutional Claims; Statutory Claims; 28 U.S.C. § 2254; 42 U.S.C. § 1983 Signed by Judge Smith.

08-430C • LB&B ASSOCIATES INC., v. THE UNITED STATES,

Filed 02/03/2010
Summary Judgment; Hazardous Waste Management Services Contract; Constructive Change of a Contract; Equitable Adjustment of a Contract Signed by Judge Hewitt.

06-587T • UNIONBANCAL CORPORATION & SUBSIDIARIES, v. THE UNITED STATES,

Filed 02/02/2010
Summary Judgment; RCFC 56(1)(c); Denial; Questions of Fact Remain Signed by Judge Smith.

Nos. 02-1916T, 02-1917T, 02-1918T, 02-1919T, 02-1920T,02-1921T, 02-1922T, 02-1923T, 02-1924T, 02-1925T • CENCAST SERVICES, L.P., et al., v. THE UNITED STATES,

Filed 02/02/2010
Attorney-client privilege; claw back of documents pursuant to RCFC 26(b)(5)(B); attorney-to-client communications; adequacy of privilege log; in camera review of documents claimed to be privileged; confidential communication of publicly available information to an attorney to obtain legal advice; uncommunicated attorney notes; Internal Revenue Code § 6103; taxpayer-specific return information Signed by Judge Miller, G..

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