USCFC General Jurisdiction-Reported

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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.

08-298C • JOHN J. SIEMIETKOWSKI v. THE UNITED STATES

Filed 02/25/2009
Judgment on the Administrative Record;Separation Pay; 10 U.S.C § 1174; Army Reg. 600-8-29; Department of Defense Directive 1320.8; Disparate Treatment - Rational Basis Review Signed by Judge Firestone.

08-431L • EARLEEN FAUVERGUE et al., v. THE UNITED STATES

Filed 02/24/2009
Takings; Rails to Trails Act, 16 U.S.C. § § 1241-1251(2000);statute of limitations, 28 U.S.C. § 2501 (2000); motion to certify class action under; RCFC 23; RCFC 54(b) entry of judgment upon finding of no just reason for delay Signed by Judge Miller, C..

93-648X • LAND GRANTORS IN HENDERSON, UNION, AND WEBSTER COUNTIES, KENTUCKY AND THEIR HEIRS v. UNITED STATES OF AMERICA

Filed 02/24/2009
Congressional reference; review of hearing officer's report; legal and equitable relief; hearsay; mutual mistake; laches; gratuity Signed by Judge Lettow.

08-853C • SP SYSTEMS, INC., Plaintiff, and DB CONSULTING GROUP, INC., Plaintiff-Intervenor, v. THE UNITED STATES

Filed 02/24/2009
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Review of Agency Decision Based Upon GAO Recommendation; Past Performance Evaluation Signed by Judge Miller, G..

08-337L • RICHARD P. COOK, et al. and COPAR PUMICE COMPANY v. THE UNITED STATES

Filed 02/23/2009
Unpatented Mining Claims; Settlement Agreement Signed by Judge Bruggink.

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES

Filed 02/23/2009
Motion for reconsideration - RCFC 59;Piercing the corporate veil; Responsive pleadings - judicial admission; Motion denied Signed by Judge Allegra.

05-1223T • CLEARMEADOW INVESTMENTS, LLC, CLEARMEADOW CAPITAL CORP., TAX MATTERS PARTNER v. THE UNITED STATES

Filed 02/23/2009
RCFC 5.2; Redaction of personal identifying information; Fed. Rule Civ. P. 5.2 -Advisory Committee Notes; Effective date of new rule - RCFC 86; Document revealing identifying information to be stricken and refiled Signed by Judge Allegra.

07-525C • SHANNON M. GARNER, ET AL., v. THE UNITED STATES

Filed 02/20/2009
Motion for Judgment on the Pleadings Pursuant to RCFC 12(c);Facts Indistinguishable from Facts in Adams II; No Change In Applicable Substantive Law Since Adams II Signed by Judge Hewitt.

06-472C • TDM AMERICA, LLC, v. THE UNITED STATES,Defendant, and DONJON MARINE COMPANY, INC., Third-Party Defendant

Filed 02/20/2009
Patent Infringement Case; Markman Claim Construction Proceedings;Patents Relating to Processing and Treatment of Contaminated Materials for Beneficial Reuse Signed by Judge Wheeler.

08-609C • GREGORY JOHN MCGRATH v. THE UNITED STATES

Filed 02/20/2009
Motion to Dismiss; Pro Se Complaint Alleging Fifth Amendment Taking; United States As Surety; No Jurisdiction to Hear Claims Against Defendants Other Than the United States Signed by Judge Hewitt.

05-400C • MICHAEL W. STOVALL v. THE UNITED STATES

Filed 02/20/2009
Motion to compel production; Scope of discovery - RCFC 26(b)(1); Attorney-client privilege - defined; Applicability of privilege to advice received from counsel; Waiver - implied waiver where the party opposing production may rely on parol evidence in interpreting a contract and where that parol evidence may derive from the attorneys who negotiated and drafted the agreement; Bare-bones requests for representation not protected by attorneyclient privilege; Documents ordered produced Signed by Judge Allegra.

08-871C • L-3 COMMUNICATIONS EOTECH, INC., v. THE UNITED STATES, Defendant, & Intervenor-defendant

Filed 02/18/2009
Post-Award Bid Protest;10 U.S.C. § 2304 (2006); 48 C.F.R. § 6.302-2 (2007); Sole Source Procurement;Unusual and Compelling Urgency; Advance Planning; Requesting Offers from as Many Potential Sources as is Practicable; Inherent Limits on the Scope and Duration of a Sole Source Contract Signed by Judge Bush.

08-641C • JEAN DUFORT BAPTICHON v. THE UNITED STATES

Filed 02/18/2009
Motion to Dismiss; RCFC 12(b)(1) and 12(b)(6); Subject Matter Jurisdiction; Pro se Plaintiff; 28 U.S.C. § 1491; 10 U.S.C. § 122 10; Executive Order No. 9857A; Money Mandating Statute Signed by Judge Smith.

08-142C • SAUDI LOGISTICS AND TECHNICAL SUPPORT v. THE UNITED STATES

Filed 02/17/2009
Motion to Dismiss(12(b)(1))Government's Counterclaim; Final Contracting Officer Decision on Defective Pricing; 41 U.S.C. § 605(a); FAR 33.211; Presumption that Public Officials Perform Their Duties Correctly Signed by Judge Firestone.

08-332C • MARY A. LESTER v. THE UNITED STATES

Filed 02/17/2009
Federal Employee's Claim for Back Pay, Vacation, and Sick Leave During Seven-Month Suspension from Work; Lack of Subject Matter Jurisdiction; Circumstances Covered By Civil Service Reform Act; Election of Remedies Under Collective Bargaining Agreement or Appeal to Merit Systems Protection Board Signed by Judge Wheeler.

06-489T • GENERAL ELECTRIC COMPANY and SUBSIDIARIES, v. THE UNITED STATES,

Filed 02/13/2009
Corporate Income Tax, Sections 6402(a), 6621(d), 6611(b)(1), and 6601(f), Interest Netting, Crediting Signed by Judge Bruggink.

08-330C • RENEE R. BERRY v. UNITED STATES OF AMERICA

Filed 02/13/2009
Motion to Dismiss; Actions Filed on Same Day in Two Different Courts; Effect of 28 U.S.C. § 1500 Signed by Judge Block.

08-646C • CARAHSOFT TECHNOLOGY CORPORATION v. THE UNITED STATES OF AMERICA,Defendant, and MONSTER GOVERNMENT SOLUTIONS, Intervenor

Filed 02/12/2009
Negotiated Procurement;Technical Acceptability;Meaningful Discussions;Best-Value Analysis; Agency Corrective Action;Incorporation;Competition in Contracting Act; Bad Faith Signed by Judge Block.

92-6751L • CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION, et al., Plaintiffs, & MELINDA GOPHER and MARY GOPHER, Proposed Intervenors, v. THE UNITED STATES

Filed 02/10/2009
RCFC 24(a); RCFC 24(b);Intervention of Right;Permissive Intervention Signed by Judge Hewitt.

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