USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. THE UNITED STATES,

Filed 12/30/2009
Acceptance Rate Under The Standard Contract; Causation; Greater Than Class C Waste,10 C.F.R. § 61.55(a)(2); Spent Nuclear Fuel Case Signed by Judge Braden.

09-630L • GOVERNMENT TECHNICAL SERVICES LLC., v. THE UNITED STATES,

Filed 12/29/2009
When the Government Declines to Exercise an Option to Extend an Existing Contract, the Government's Decision May Not be Challenged Under the Administrative Dispute Resolution Act, 28 U.S.C. § 1491(b)(1) Signed by Judge Hewitt.

04-106C • DAIRYLAND POWER COOPERATIVE, v. THE UNITED STATES,

Filed 12/23/2009
Spent Nuclear Fuel; Standard Contract; "But for" test; 1987 Acceptance Capacity Schedule (ACS); Annual Priority Ranking (APR); SAFSTOR; Exchanges Provision; Failed Fuel; ISFSI; Overhead and G&A; Reactor Pressure Vessel (RPV); Private Fuel Storage (PFS) Signed by Judge Damich.

08-862C • AMIN JUMAH, v. THE UNITED STATES,

Filed 12/23/2009
Motion to Dismiss, RCFC 12(b)(1) & 12(b)(6); No Jurisdiction Over Tax and Constitutional Claims; Failure to State a Claim; Failure to State a Claim for an Express or Implied-in-Fact Contract; Confidential Source Agreement Signed by Judge Firestone.

09-465C • GCC ENTERPRISES, INC., v. THE UNITED STATES, IRONCLAD SERVICES, INC., Defendant-Intervenor

Filed 12/23/2009
Bid Protest; SDVOSB Set-Aside; Multiple Solicitations Under Single Source Selection Authority; Pre-Award Re-Evaluation; Failure to Show Abuse of Discretion Signed by Judge Firestone.

05-685V • ROBERT and HEATHER AVILA, legal representatives of a minor child, TAYLOR AVILA, v. SECRETARY OF HEATH AND HUMAN SERVICES,

Filed 12/22/2009
Vaccine Act, 42 U.S.C. § § 300aa-10 - 300aa-34 (2006); review of motions for attorneys'fees and interim fees Signed by Judge Miller, C..

00-697C • WISCONSIN ELECTRIC POWER COMPANY, v. THE UNITED STATES,

Filed 12/18/2009
Breach of contract for removal of spent nuclear fuel; utility's condition with full performance in the non-breach world of the 1987 ACR and the 1991 ACR; difference between mitigation costs in the breach world and costs that would have been incurred with full government performance in the non-breach world of the 1987 ACR and the 1991 ACR; offset for future costs of performance; waiver Signed by Judge Merow.

09-800C • UNISYS CORPORATION, v. THE UNITED STATES, and COMPUTER SCIENCES CORPORATION, Defendant-Intervenor

Filed 12/18/2009
31 U.S.C. § 3553; applicability of automatic stay of performance under Competition in Contracting Act (CICA); jurisdiction of Government Accountability Office (GAO), FAA Office of Dispute Resolution for Acquisition (ODRA) to hear task order protest; jurisdiction of Court of Federal Claims over failure of agency to make override findings before proceeding with performance of task order during pendency of GAO protest; declaratory and injunctive relief Signed by Judge Miller, G..

09-193C • PAUL A. PIPER, v. THE UNITED STATES,

Filed 12/17/2009
RCFC 12(b)(1); Reemployed Annuitant; Transportation Security Administration; Employment by Appointment; Misrepresentation; Standard Form 50; Implied-In-Fact Contract; Express Oral Contract; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

08-791C • UNITED SURETY & INDEMNITY COMPANY, v. THE UNITED STATES, and SELPA CONSTRUCTION & RENTAL EQUIPMENT, Third-Party Defendant

Filed 12/16/2009
Motion for Reconsideration, RCFC 59(a); Doctrine of Equitable Subrogation Signed by Judge Braden.

09-546C • BANNUM, INC., v. UNITED STATES, and DISMAS CHARITIES, INC.,Defendant-Intervenor

Filed 12/15/2009
Post-award Bid Protest; Disagreements With Agency's Proposal Evaluations;Relevance of Past Performance Data From Defaulted Contract; Reasonable Best Value Award to Higher Priced, Technically Superior Offeror Signed by Judge Wheeler.

99-4451 L c/w 99-4452L, 99-4453L, 99-4454L, 99-4455L, 99-4456L, 99-4457L, 99-4458L, 99-4459L, 99-44510L, 99-44511L, 99-044512L, 00-365L, 00-379L, 00-380L, 00-381L, 00-382L, 00-383L, 00-384L, 00-385L,00-386L, 00-387L, 00-388L,... • JOHN H. BANKS, ET A

Filed 12/15/2009
Discovery; Rules of the Court of Federal Claims 26(b)(3)(A)and 26(b)(4)(B); Whether a Party May Discover Facts Known or Opinions Held by a Non-Testifying Expert;In Camera Review Signed by Judge Hewitt.

06-30T Consolidated with No. 06-35 T • RUSSIAN RECOVERY FUND LTD., RUSSIAN RECOVERY ADVISORS, L.L.C., v. THE UNITED STATES,

Filed 12/14/2009
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § 6226; Final Partnership Administrative Adjustment; Jurisdictional Deposit; Pass-thru Partner Signed by Judge Bruggink.

08-50T • TIMOTHY L. JENKINS v. THE UNITED STATES

Filed 12/14/2009
Motion to compel answers to interrogatories; Responsible officer penalty case - 26 U.S.C. § 6672; RCFC 33 - interrogatories; RCFC 37 - order to compel; RCFC 37(a)(4) - response not compelled where sufficient; RCFC 26(b)(1) - response not compelled where interrogatory requests irrelevant information; RCFC 37(a) - failure to make conferment certification; Motion denied. Signed by Judge Allegra.

06-827C • FRANK J. PROCHAZKA, v. THE UNITED STATES,

Filed 12/10/2009
Administrative Procedure Act, 5 U.S.C. § 706; Board for Correction of Naval Records;Default Judgment, RCFC 55(b)(2);Defense Officer Personnel Management Act, Pub. L. No. 96-513, 94 Stat. 2835 § 624 (1980); Pub. L. No. 90-179 (Dec. 8, 1967); Judgment on the Administrative Record, RCFC 52.1; Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss, RCFC 12(b)(6); Remand, RCFC 52.2; Tucker Act, 28 U.S.C. § 1491(a)(1); 10 U.S.C. § 101 (b)(10), (d)(1), (d)(3); 10 U.S.C. § 634(a); 10 U.S.C. § 1401-1412; 10 U.S.C. § 1552(a)(3); 10 U.S.C. § 3927 (repealed 1981); 10 U.S.C. § 5596; 10 U.S.C. § 5600 (repealed 1996); 10 U.S.C. § 5788a (repealed 1981); 10 U.S.C. § § 6371-86 et. seq. (repealed 1981); 10 U.S.C. § § 6387-89 (repealed 1981); 10 U.S.C. § 8927 (repealed 1981); 10 U.S.C. § 6388(a), (b), (c) (1968)(as amended); Manual of Navy Officer Manpower and Personnel Classifications, NAVMILPERSCOM 158391, Vol. 1, at A-2 (Sept. 25, 2009); NAVMILPERSCOM NOTICE 1821; SECNAVINST 1821.1 (Jan. 29, 1982); 31 U.S.C. § 1102; 32 C.F.R. § 723.9 Signed by Judge Braden.

09-280L • REUNION, INC., et al., v. UNITED STATES OF AMERICA,

Filed 12/10/2009
Takings claim arising from a holdover tenancy of a 72-acre parcel used by the Federal Aviation Administration as a radar site for tactical air navigation; motion to strike defenses; RCFC 12(f); government's concession of liability for a taking; government's admissions of fact regarding claim for breach of implied contractual obligation to vacate premises Signed by Judge Lettow.

90-162C • STEPHEN ADAMS, et al., v. THE UNITED STATES,

Filed 12/09/2009
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2006); Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-262 (2006); Home to Work Travel Time; Controlling Precedent; Employer's Hypothetical Custom or Practice of Compensating Commuting Time Signed by Judge Bush.

08-604C • DIGITAL TECHNOLOGIES, INC., v. UNITED STATES,

Filed 12/09/2009
Indefinite Delivery/Indefinite Quantity Contract; Breach of Contract; Statutory Prohibition of Task Order Protests, Federal Acquisition Streamlining Act, 41 U.S.C. § 253j(d) Signed by Judge Horn.

09-369C • SALAHDINE SABREE, v. UNITED STATES,

Filed 12/08/2009
Jurisdiction; Statute of Limitations; Equitable Tolling; Legal Disability; Military Pay; Disability Retirement Benefits Signed by Judge Horn.

01-79C • CBS CORPORATION, v. THE UNITED STATES,

Filed 12/08/2009
Government's Segment Closing Payment under the Allowable Cost and Payment Clause Where the Segment Closing Calculation Involves a Pension Deficit and a Portion of the Pension Deficit is Transferred from the Segment Seller to Segment Buyer; Allowable Cost and Payment Clause, FAR 52.216-7; Allowability Clause, FAR 31.201-2; Generally Accepted Accounting Principles ("GAAP") Signed by Judge Firestone.

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