USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-020C • MARK S. ZAID, P.C., et al., v. THE UNITED STATES,

Filed 01/22/2009
Fifth Amendment Taking Claim;Attorney's Fee Restrictions Imposed by Congress in Private Relief Bills; Valid Limitation Within Discretion of Congress is not Compensable Taking; Paul v.United States, 687 F.2d 364 (Ct.Cl. 1982) Signed by Judge Wheeler.

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

Filed 01/14/2009
Motion to Compel; RCFC 34(b);RCFC 33(d); American Indian Records Repository(AIRR);"Making Documents Available at the AIRR" Does Not Comply With RCFC 34(b)(2)(E)(i) and RCFC 33(d) Because Documents Maintained at the AIRR Are Not Kept in the Usual Course of Business Pursuant to RCFC 34 Signed by Judge Hewitt.

06-803C • WONDERLYN LORRAINE BELL PINCKNEY, v. THE UNITED STATES

Filed 01/14/2009
Motion for Reconsideration; RCFC 54(b); RCFC 59(a)(1) Signed by Judge Hewitt.

07-707C • DAVID WHALEN, et al., v. UNITED STATES

Filed 01/13/2009
Suit by air traffic control specialists for compensation for overtime labor under the Fair Labor Standards Act, 42 U.S.C. § § 201-219;motion for conditional certification of a collective action and for authorization of notice to similarly situated employees Signed by Judge Lettow.

08-587T • RICHARD ROY BUSER v. THE UNITED STATES

Filed 01/12/2009
Pro Se; Subject Matter Jurisdiction;28 U.S.C § 1491; In Forma Pauperis;Motion to Dismiss; RCFC 12(b)(1);Failure to State a Claim, RCFC 12(b)(6);Tax Refund Claim; Full Payment Rule;Flora; Res Judicata; Injunctive Relief;Wrongful Levy Claim, 26 U.S.C. § 7426;Frivolous Claims; Request to Stay Garnishment Signed by Judge Sweeney.

08-77C • CONNIE E. YANT, et al., v. THE UNITED STATES

Filed 01/12/2009
Civilian pay; RCFC 12(b)(1)motion to dismiss for lack of subject matter jurisdiction based on gender balance of preferred class; RCFC 56 motion for summary judgment; Equal Pay Act, 29 U.S.C. § 206(d)(1)(2000); consent to motion for summary judgment under RCFC 12(b)(1) to address claim on merits Signed by Judge Miller, C..

98-168C, 02-1632C & 03-2699C • NORTH STAR ALASKA HOUSING CORPORATION v. THE UNITED STATES

Filed 01/09/2009
Motion for attorney's fees and litigation expenses; "Bad faith" exception to the American Rule; 28 U.S.C. § 2412(b); Centex construed; Agency's prelitigation "bad faith" conduct in injecting bias into the contract claim process does not warrant the imposition of fees; Motion denied Signed by Judge Allegra.

06-310C • TEKNOWLEDGE CORPORATION v. THE UNITED STATES

Filed 01/07/2009
Government Contract Cost Principles; Allocability of Indirect Costs; Development of Software Not Purchased by the Government; Failure to Show Nexus of Cost to a Government Contract; FAR 31.201-4 Signed by Judge Wheeler.

06-749T • BRIAN ALAN BLAKLEY d/b/a TCS v. THE UNITED STATES

Filed 12/31/2008
Attorney Fees;Equal Access to Justice Act,28 U.S.C. § 2412;Internal Revenue Code, 26 U.S.C. § § 6511(a), 6532(a),7430, 7422(a);National Firearms Act,26 U.S.C. § 5801 et. seq.;Tax Refund,28 U.S.C. § 1346(a)(1);Transfer Tax;Tucker Act,28 U.S.C. § 1491 a); 27 C.F.R. § 479.88(a)-(c) Signed by Judge Braden.

08-130T • CARLA J. VAN VORST v. THE UNITED STATES

Filed 12/31/2008
Tax Refund Suit; Motion to Stay; 26 U.S.C. § 7422(e); Motion for a More Definite Statement, RCFC 12(e); RCFC 11; Former RCFC 9(h)(6); RCFC 9(m); Motion to Supplement, RCFC 15(d); Full Payment Rule; Injunctive Relief; Equal Access to Justice Act, 28 U.S.C. § 2412 Signed by Judge Sweeney.

07-003C • LINDA A. STOCUM v. THE UNITED STATES

Filed 12/31/2008
RCFC 12(c); Motion for Judgment on the Pleadings; Fair Labor Standards Act,29 U.S.C. § § 201-219; Adams; Bobo;Doctrine of Stare Decisis Signed by Judge Sweeney.

06-680C • KERRY R. HAMILTON v. THE UNITED STATES

Filed 12/31/2008
RCFC 12(c); Motion for Judgment on the Pleadings; Fair Labor Standards Act,29 U.S.C. § § 201-219; Adams; Bobo;Doctrine of Stare Decisis Signed by Judge Sweeney.

05-410C • MARIO R. LOPEZ-VELAZQUEZ v. THE UNITED STATES

Filed 12/31/2008
Motion to Remand to the Air Force Board for Correction of Military Records for an Evidentiary Hearing; Motion to Dismiss;Cross-Motions for Judgment on the Administrative Record; Air Force Discharge Review Board; Ineffective Assistance of Counsel; Separation in Lieu of Court-Martial; Voluntariness Signed by Judge Sweeney.

08-304C • INFORMATION SCIENCES CORP., v. THE UNITED STATES

Filed 12/30/2008
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320;Administrative Procedure Act,5 U.S.C. § § 701(a)(2),706; Federal Acquisition Regulation 1.102(b),(b)(3), 1.108(f), 1.102-2(c)(1),2.101, 15.101, 15.308, 35.006(c),216.104; Motion to Dismiss, RCFC 12(b)(1),12(b)(6);Tucker Act, 28 U.S.C. § 1491(a);19 C.F.R. § 113.13(b) Signed by Judge Braden.

08-27C • WILLIAM HYDE v. THE UNITED STATES

Filed 12/24/2008
Pro Se Plaintiff; Patent Infringement and Fifth Amendment Taking Claims;Statute of Limitations; Subject Matter Jurisdiction; Failure to Show Basis for Tolling Limitations Period; Denial of Pending Motions Signed by Judge Wheeler.

06-312C • MULTISERVICE JOINT VENTURE, LLC, v. THE UNITED STATES

Filed 12/23/2008
Spoliation of Evidence During Deposition; Sanctions; RCFC 37;28 U.S.C. § 1927; Inherent Power to Regulate Attorney Conduct;Witness Barred From Testifying at Trial; Counsel of Record Responsible for Attorneys' Fees and Costs Signed by Judge Wheeler.

07-318C • HILDA M. GRIFFIN, v. THE UNITED STATES

Filed 12/23/2008
Motion to dismiss for lack of jurisdiction; 28 U.S.C. § 1500; "Simultaneously" filed claims arising under 28 U.S.C. § 1631; County of Cook applied and analyzed; Motion to dismiss granted. Signed by Judge Allegra.

06-748C • MARJORIE MURTAGH COOKE v. THE UNITED STATES

Filed 12/22/2008
Gender Discrimination Claim; National Transportation Safety Board, Office of Surface Transportation Safety; Equal Pay Act, 29 U.S.C. § 206(d); Comparison of GS and SES Positions; Willful Violation;Damages Signed by Judge Wheeler.

08-408C • VEDA PRYOR, pro se, v. THE UNITED STATES

Filed 12/22/2008
Contracts; RCFC 12(b)(1)motion to dismiss for lack of subject matter jurisdiction; claim for breach of contract; claim for declaratory relief; RCFC 56(c)motion for summary judgment;breach of settlement agreement,pro se plaintiff Signed by Judge Miller, C..

95-650L • ALFRED ALOISI, et al., v. UNITED STATES OF AMERICA

Filed 12/19/2008
Temporary taking; mining permit; * ripeness; extraordinary delay; bad faith. Signed by Judge Margolis.

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