USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-121C • LAUDES CORPORATION v. THE UNITED STATES

Filed 03/16/2009
Contract with Iraqi Government; Promises by United States to Facilitate Payment; Implied-In-Fact Contracts; Tucker Act Jurisdiction; Contract Disputes Act Not Applicable; Dismissal of Counts Where No Privity Exists Signed by Judge Wheeler.

08-599C • AL ANDALUS GENERAL CONTRACTS CO., v. THE UNITED STATES

Filed 03/11/2009
Bid Protest; Indefinite Delivery Indefinite Quantity ("IDIQ")Contracts; Failure to Show Prejudice; Past Performance Evaluations; Price Reasonableness Determination; Waiver of Minor Irregularities; 48 C.F.R. 52.215-1(f)(3) Signed by Judge Firestone.

02-30C, 04-1822C, & 05-249C consolidated • AMBER RESOURCES CO.,et al., v. THE UNITED STATES

Filed 03/11/2009
RCFC 59(a)(1) Motion for Reconsideration;Restitution and Rescission; Duty to Return Property in Substantially the Same Condition; Offset for damage to property;Election of Remedies;Offshore Oil and Gas Leases Signed by Judge Bruggink.

07-355C • TEXAS NATIONAL BANK f/k/a MERCEDES NATIONAL BANK v. THE UNITED STATES

Filed 03/06/2009
Anti-Assignment Acts, 41 U.S.C. § 15 & 31 U.S.C. § 3727; Recognition of Assignment; Statute of Limitations, 28 U.S.C. § 2501; Accrual Suspension Rule Signed by Judge Firestone.

08-746C • MARK J. WATSON v. THE UNITED STATES

Filed 03/05/2009
Pro Se Plaintiff; Doctrine of Res Judicata; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1494 Signed by Judge Wheeler.

01-2011L • JOYCE JAMES v. THE UNITED STATES

Filed 03/05/2009
Fifth Amendment taking, Rule 9(i), and avigation easement; evidence challenging jurisdictional facts; motion to dismiss for lack of subject matter jurisdiction and Rules 12(b)(1),(h)(3); typographical error; hearsay under the Federal Rules of Evidence 801, 802; signed submissions and Rule 11; 28 U.S.C. § 1746; Rule 15(a)amendments Signed by Judge Wolski.

02-469V • CHRISTOPHER and CARLA LOVING, PARENTS of CAMILLE LOVING v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/04/2009
Vaccine case; Off-Table claim; significant aggravation of prior symptoms; required elements of proof; causation Signed by Judge Lettow.

01-254C & 01-442C • CONSOLIDATION COAL COMPANY, ET AL., v. THE UNITED STATES

Filed 03/04/2009
Summary Judgment;Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), 30 U.S.C. § § 1201 et seq.;Constitutionality of reclamation fees as applied to exports;Scope of Remand Signed by Judge Futey.

05-420V • KELLY BOLEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/03/2009
National Vaccine Injury Compensation Program; Review of Special Master's Decision on Remand; Hepatitis B Vaccine; Failure to Show that Vaccine Injuries Persisted for at Least Six Months Signed by Judge Wheeler.

02-1627V • CHRISTOPHER SABELLA v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/02/2009
Motion for Review; National Vaccine Injury Compensation Program; 42 U.S.C. § 300aa-12(e)(2); Reasonable Attorneys'Fees; 42 U.S.C. § 300aa-15(e)(1) Signed by Judge Hewitt.

07-659C • FFTF RESTORATION COMPANY, LLC., v. THE UNITED STATES

Filed 03/02/2009
Cancellation of Negotiated Procurement;Breach of Implied Contract of Fair Dealing; 28 U.S.C. § 1491(b);Reviewability of Alleged Violations of FAR 1.102(b)(3),FAR 1.102-2(c), and FAR 19.502-2(b) Signed by Judge Firestone.

08-373C • ENERGY SECURITY OF AMERICA CORP. and ALBERT CALDERON v. THE UNITED STATES

Filed 02/27/2009
Takings; Patents; Statute of Limitations; Accrual Suspension Signed by Judge Bruggink.

06-741T • STRATEGIC HOUSING FINANCE CORPORATION OF TRAVIS COUNTY v. THE UNITED STATES

Filed 02/27/2009
Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Takings Claim; Illegal Exaction Claim; Arbitrage Bonds; Rebate of Arbitrage Profits;26 U.S.C. § 148(f); 26 U.S.C. § 7422(a); Clintwood Elkhorn Mining Co.; Pennoni I; Pennoni II; In re Air Transportation Excise Tax Litigation Signed by Judge Sweeney.

07-693L and 07-675L • DOROTHY L. BIERY, et al., and JERRAMY and ERIN PANKRATZ, et al., v. THE UNITED STATES

Filed 02/27/2009
Fifth Amendement Takings; Rails-to-Trails; National Trails System Act, 16 U.S.C. § 1247(d); Certification of Questions of State Law; Kanses State Law; Concurrent jurisidiction with federal district courts Signed by Judge Firestone.

05-708C • SCOTT TIMBER, INC., v. UNITED STATES

Filed 02/27/2009
Post-trial decision on liability in a timber-sale case; claims made under the Contract Disputes Act, 41 U.S.C. § § 601-613; contractual covenant of good faith and fair dealing; reasonableness of suspensions of performance under a contractual provision Signed by Judge Lettow.

08-548T • KAZADI BIG MUSUNGAYI v. THE UNITED STATES

Filed 02/27/2009
Tax Refund Suit; RCFC 12(b)(1); 26 U.S.C. § § 6511, 6513, 7422; Taxes Withheld by Employer; Earned Income Credit; Suspension of Limitation Periods Signed by Judge Sweeney.

06-861T • LAWRENCE D. PENNONI v. THE UNITED STATES

Filed 02/26/2009
26 U.S.C. § 7422; Illegal Exaction;Informal Refund Claim; Formal Refund Claim; Subject Matter Jurisdiction Signed by Judge Firestone.

01-570C, 01-627C, 04-501C • BLUE LAKE FOREST PRODUCTS, INC., et al. v. THE UNITED STATES

Filed 02/26/2009
Summary Judgment; Breach Of Contract; Contract Interpretation;Limitation of Liability Clause;Implied Duty To Cooperate And Not Hinder Signed by Judge Williams.

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