USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-357C • MARY E. VERBECK, v. UNITED STATES,

Filed 08/27/2009
Claim by a uniformed nurse practitioner that she was improperly terminated by the Public Health Service; jurisdiction over claims for entitlement to back pay and disability separation; no jurisdiction over whistleblower claim or over disability discrimination claim;arbitrary and capricious disposition by Correction Board; remand Signed by Judge Lettow.

06-407T into which have been consolidated Nos. 06-408T, 06-409T, 06-410T, 06-411T, 06-810T, 06-811T • ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES,

Filed 08/26/2009
Action for Readjustment of Partnership Items; Effect of Concessions on Remaining Issues for Trial Signed by Judge Hewitt.

06-407T into which have been consolidated Nos. 06-408T, 06-409T, 06-410T, 06-411T, 06-810T, 06-811T • ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES,

Filed 08/26/2009
Action for Readjustment of Partnership Items; Effect of Concessions on Defenses to Penalties Signed by Judge Hewitt.

09-487C • LYNN E. MENDES, v. THE UNITED STATES,

Filed 08/26/2009
Pro Se Complaint; 28 U.S.C. § 1915; In Forma Pauperis Application; Frivolous Claims; 28 U.S.C. § 1491; RCFC12(h)(3); Subject-Matter Jurisdiction Signed by Judge Hewitt.

02-911T • EDWARD A. BRINSKELE, v. THE UNITED STATES,

Filed 08/25/2009
26 U.S.C. § 6672; Responsible Party; Willfulness; 26 U.S.C. § 4251; Excise Tax; IRS Assessment - Presumption of Correctness Signed by Judge Firestone.

08-842C • EDWARD DON ALVERSON, DELIA E. BANCHS, RODERICK W. CHANDLER, DAVID BYRON GOODRICH, CAROLINE FAYE HOELSCHER-KOSEL,VICKI LYNN MAXWELL, DANIEL ODELL REED,ERNEST FRANCS RAIKOWSKI, AND FRANK W. STRANSKY, v. UNITED STATES OF AMERICA,

Filed 08/21/2009
Equal Pay Act, 29 U.S.C. § 206(d); gender-based wage discrimination; "within the Plaintiffs, class of plaintiffs entitled to recover under the money-mandating source"; gender-mixed class Signed by Judge Hodges.

05-1042C • THE DALLES IRRIGATION DISTRICT, v. UNITED STATES,

Filed 08/21/2009
Post-trial decision on damages in suit by irrigation district for refund of excess charges for energy and power under a contract with the Bureau of Reclamation Signed by Judge Lettow.

07-137V • PETER BROEKELSCHEN, M.D., v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 08/18/2009
Review of special master's decision denying compensation;National Vaccine Injury Act, 42 U.S.C. § 300 aa-1 et seq.; offtable case; causation; burden of proof;scope of judicial review Signed by Judge Miller, G..

09-38C • KENNEY ORTHOPEDIC, LLC, v. THE UNITED STATES,

Filed 08/17/2009
Contract Disputes Act of 1978,41 U.S.C. § 601 et seq.;Federal Acquisition Regulation 52-212-4(m),48 C.F.R. 52.212-4(m);Implied Covenant of Good Faith And Fair Dealing;Motion To Dismiss,RCFC 12(b)(1), 12(b)(6);RESTATEMENT (SECOND) OF CONTRACTS § § 347, 351, 352 (1981) Signed by Judge Braden.

09-354C • GEORGE A. BROWN, v. UNITED STATES,

Filed 08/12/2009
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Declaratory Judgment; Tort; Due Process; Pro Se Plaintiff; 28 U.S.C. § § 1915, 1915A; Motion to Proceed In Forma Pauperis; Three Strikes Rule; Frivolous Complaint Signed by Judge Horn.

06-465C • THE LIQUIDATING TRUSTEE ESTER DUVAL OF KI LIQUIDATION, INC., f/k/a KULLMAN INDUSTRIES, INC., v. THE UNITED STATES,

Filed 08/11/2009
Contracts, summary judgment;RCFC 56(c); counterclaim for fraud; False Claims Act,31 U.S.C. § § 3729(a)(1), (b)(1)(2006); 28 U.S.C. § 2514(2006); burden of proof on fraud claims Signed by Judge Miller, C..

99-4451 L c/w 99-4453L, 99-4454L, 99-4455L, 99-4456L, 99-4457L, 99-4458L, 99-4459L, 99-44510L, 99-44511L, 99-44512L, 00-365L, 00-379L, 00-380L, 00-381L, 00-382L, 00-383L, 00-384L, 00-385L, 00-386L, 00-387L, 00-388L, 00-389L, 00-390L, 00-391L, 00-392L, 00-

Filed 08/11/2009
Governmental Taking by Gradual Physical Process; Erosion; Date of Taking; Determination of Owners to Whom Just Compensation is Due;Entitlement to Damages for Loss Preceding Date of Acquisition of Property Interest; Entitlement to Damages for All Reasonably Foreseeable Future Loss Irrespective of Subsequent Transfer of Property Interest; Entitlement to a Portion of the Cost of Shore Protection Measures; In the Alternative, Entitlement to a Portion of the Value of All Reasonably Foreseeable Future Loss to Plaintiffs'Properties Signed by Judge Hewitt.

01-162V • COLTEN SNYDER, by and through KATHRYN SNYDER and JOSEPH SNYDER, his natural guardians and next friends v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/11/2009
Vaccine Act, 42 U.S.C. § § 300aa-1 to -34; MMR and Thimerosal-Containing Vaccines; Omnibus Autism Proceeding; Role of Special Masters; Use of Three Special Masters to Hear General Causation Evidence; Admitting and Weighing Evidence; Daubert; Causation-in-Fact; Althen; Unfounded Allegations of Bias Signed by Judge Sweeney.

09-125C • NEQ, LLC, v. THE UNITED STATES, and LATA-KEMRON REMEDIATION, LLC, Defendant-Intervenor

Filed 08/10/2009
Post-award bid protest; EPA contract for emergency and rapid response services; Motion for judgment on the administrative record - nature of review - Bannum; Proper scope of the administrative record - Axiom; Unstated evaluation factor - metropolitan presence of emergency responders; Subcontractor requirements;Adequacy of trade-off decision; Failure to address other injunctive factors; Relief denied Signed by Judge Allegra.

98-916V • THERESA and MICHAEL CEDILLO, as Parents and Natural Guardians of MICHELLE CEDILLO, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 08/06/2009
Vaccine Act; Omnibus Autism Proceeding;Effect of Thimerosal and Measles, Mumps,and Rubella Vaccine in Causing Autism; Burden of Proof; Standard of Review;Analysis of Causation-in-Fact Evidence; Assessment of Expert Testimony Signed by Judge Wheeler.

09-6T • CYNTHIA D. DOYLE, a/k/a CYNTHIA D. DOYLEAVRIGIAN, v. THE UNITED STATES,

Filed 08/06/2009
Tax Refund Suit; Pro Se; Subject Matter Jurisdiction; Motion to Dismiss; Rule 12(b)(1)of the Rules of the Court of Federal Claims("RCFC"); RCFC 12(b)(6); Jurisdictional Prerequisites to Filing Tax Refund Suit with the Court; 26 U.S.C. § 7422; Compliance with Statute of Limitations; 26 U.S.C. § 6511; 26 U.S.C. § 6532; Proof of Delivery; 26 U.S.C. § 7502 Signed by Judge Miller, G..

95-517C • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. THE UNITED STATES,

Filed 08/06/2009
Winstar-Related Case; Attorneys' Fees and Costs; Provision in Assistance Agreement That Prevailing Party is Entitled to Reasonable Attorneys' Fees and Other Costs; Sovereign Immunity; RCFC 6(b)(2); RCFC 54(d)(1);Tucker Act, 28 U.S.C. § 1491;Equal Access to Justice Act, 28 U.S.C. § 2412; Bill of Costs; 28 U.S.C. § 1920; Time Deadlines for Briefs on Bill of Costs; Contractual Fee-Shifting Provision as Alternative Basis for Recovery of Costs Signed by Judge Miller, G..

98-916V • THERESA and MICHAEL CEDILLO, as Parents and Natural Guardians of MICHELLE CEDILLO v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/06/2009
Vaccine Act; Omnibus Autism Proceeding; Effect of Thimerosal and Measles, Mumps, and Rubella Vaccine in Causing Autism; Burden of Proof; Standard of Review; Analysis of Causation-in-Fact Evidence; Assessment of Expert Testimony. Signed by Judge Wheeler.

09-8C • RUDOLPH RHABURN, v. THE UNITED STATES,

Filed 08/05/2009
Pro Se Complaint; RCFC 12(b)(6); Fifth Amendment Taking; Police Power Signed by Judge Sweeney.

09-03C • JOB J. THYKKUTTATHIL, et al., pro se v. THE UNITED STATES

Filed 08/04/2009
Regulatory Takings Claim; Pro Se Plaintiffs; RCFC 12(b)(6); Bank Seizure Not a Compensable Taking. Signed by Judge Bush.

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