USCFC General Jurisdiction-Reported

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08-795C • SOFTWARE ENGINEERING SERVICES, CORPORATION, v. UNITED STATES, Defendant, and BOOZ ALLEN HAMILTON, INC.;ITT CORPORATION, ADVANCE ENGINEERING & SCIENCES DIVISION;CSSS.NET, Defendant-Intervenors

Filed 02/05/2009
Post-award Bid Protest;Challenge to Agency's Evaluation of Plaintiff's Technical Proposal;Current Performance as Incumbent Contractor Cannot Be Used to Overcome Proposal Deficiencies;Supplementation of Administrative Record Signed by Judge Wheeler.

08-69C • AVOCENT REDMOND CORP., a Washington corporation, v. THE UNITED STATES, Defendant, and ROSE ELECTRONICS, Defendant-Intervenor

Filed 02/05/2009
Patents, protective order,collateral estoppel, patent prosecution provision Signed by Judge Margolis.

06-932L • AK-CHIN INDIAN COMMUNITY, v. THE UNITED STATES

Filed 02/05/2009
Motion for Reconsideration;RCFC 54(b); RCFC 59(a);Defendant Fails to Show "Manifest Injustice" Requiring Reconsideration Signed by Judge Hewitt.

05-243C • KEETER TRADING COMPANY, INC., v. THE UNITED STATES

Filed 02/03/2009
Contracts; Breach; Bad Faith Termination for Default; Duty of Good Faith and Fair Dealing Signed by Judge Bush.

08-470C • ALABAMA AIRCRAFT INDUSTRIES, INC. - BIRMINGHAM, v. UNITED STATES

Filed 02/03/2009
Bid preparation and proposal costs awarded pursuant to 28 U.S.C. § 1491(b)(2); propriety of awarding such costs in conjunction with equitable relief; reasonable and allocable costs Signed by Judge Lettow.

05-1058C • HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, v. THE UNITED STATES,Defendant, And MIDWEST TRANSPORT, INC.,Defendant-Intervenor

Filed 02/03/2009
Request to allow rebuttal testimony from witnesses not listed on pretrial witness lists; Paragraph 15(a), Appendix A to RCFC; Meaning of "exclusively for impeachment;" Exclusion of witnesses - RCFC 16(f); Request denied Signed by Judge Allegra.

08-613C • WRS INFRASTRUCTURE & ENVIRONMENT, INC., v. THE UNITED STATES, Defendant, and ENVIRONMENTAL RESTORATION, LCC,Defendant-Intervenor

Filed 01/30/2009
Bid Protest; Size Determination;13 C.F.R. 103 §121.103(d);Agreement in Principle; Present Effect; RCFC 52.1;5 U.S.C. § 706 (2)(A) Signed by Judge Smith.

07-703C • MICHAEL SMART v. THE UNITED STATES

Filed 01/30/2009
Motion for Summary Judgment: RCFC 56;Pro se Plaintiff; Fair Labor Standards Act Signed by Judge Smith.

06-872C • GERALD K. KANDEL, et al., v. THE UNITED STATES

Filed 01/30/2009
FRCP 23; Statutory Tolling;Motion for Reconsideration;Blueport Co., LLC v. United States,533 F.3d 1374 (Fed. Cir. 2008);25 U.S.C. § 2501; RCFC 23;John R. Sand & Gravel Co. v. United States, 128 S.Ct. 750 (2008); Opt-in, Opt-out Class Actions; Equitable Tolling; Irwin Doctrine Signed by Judge Smith.

08-257C • DIANNE B. HUFFORD v. THE UNITED STATES

Filed 01/30/2009
Motion to Dismiss; Pro Se Plaintiff Signed by Judge Smith.

07-692T • WILLIAM C. LEONARD v. THE UNITED STATES

Filed 01/30/2009
Motion to Dismiss; RCFC 12(b)(1)Internal Revenue Service; Tax Refund Statute of Limitations Signed by Judge Smith.

03-1956C • LAN-DALE COMPANY v. THE UNITED STATES

Filed 01/29/2009
Contract Disputes Act Claims;Motion to Dismiss; Actions Filed Simultaneously in Two Different Courts; Effect of 28 U.S.C. § 1500 Signed by Judge Wheeler.

08-366T • FRANK JAMES DUMONT v. THE UNITED STATES

Filed 01/29/2009
Tax claim for refund of deficiency assessments and associated penalties and interest;jurisdiction Signed by Judge Lettow.

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

Filed 01/28/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); motion to dismiss pursuant to RCFC 12(b)(1); small business setaside;jurisdiction; standing;mootness; whether decision not to issue follow-on contract as small business set-aside violates 48 C.F.R.(FAR) § § 19.502-2(a),(b) (2000); motion to dismiss pursuant to RCFC 12(b)6); whether complaint states a cognizable challenge to reasonableness of agency decision not to continue to procure through small business set-aside Signed by Judge Miller, C..

08-260C • ANDERSON, PETER A., v. THE UNITED STATES

Filed 01/28/2009
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Department of Veterans Affairs (VA) Home Loan Guaranty Program; 38 U.S.C. § 3701-36 (2006); No Entitlement of a Plaintiff Mortgagor to Proceeds From a Resale by VA as Foreclosure Purchaser After Foreclosure of Loan Partially Guaranteed by VA Signed by Judge Hewitt.

08-215C • NORTH HILLS TERRACE, INC. v. THE UNITED STATES

Filed 01/28/2009
HUD rental assistance contract; payments based on vacancies; motion to dismiss Signed by Judge Damich.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian tribe, v. THE UNITED STATES

Filed 01/28/2009
RCFC 54(b); Separating a Single Claim for Relief Into Multiple Claims; Finality; Just Reason for Delay Signed by Judge Sweeney.

96-166C • ZOLTEK CORPORATION, v. THE UNITED STATES,

Filed 01/23/2009
Transfer under 28 U.S.C. § 1631;patent infringement claims arising in a foreign country; government contractor immunity from patent infringement liability; "authorization or consent"; relation between 28 U.S.C. § 1498 and 35 U.S.C. § 271;jurisdiction to hear infringement claims under 35 U.S.C. § 271(g); leave to amend complaint Signed by Judge Damich.

98-419L • RESOURCE INVESTMENTS, INC. AND LAND RECOVERY, INC., v. THE UNITED STATES OF AMERICA,

Filed 01/23/2009
Fifth Amendment; Regulatory Takings;Temporary Takings; Categorical Takings;Partial Takings; Parcel as a Whole;Mahon; Penn Central; First English;Lucas; Tahoe-Sierra;Seiber;Extraordinary Delay; Ripeness; Summary Judgment; Causation Signed by Judge Block.

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