USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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07-637C • NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal entity and political subdivision of the State of Colorado, v. THE UNITED STATES,

Filed 07/31/2009
Dispute over miscellaneous-revenue provisions of contract for the Colorado-Big Thompson Project, a multi-purpose water project in Colorado; Property Clause of the Constitution, U.S. Const. art. IV, § 3,cl. 2; Appropriations Clause of the Constitution, U.S. Const. art. I, § 9,cl. 7; authority to contract; Interior Department Appropriation Act of 1938; Hayden-O'Mahoney Amendment, 43 U.S.C. § 392a; Reclamation Reform Act of 1982, 43 U.S.C. § 390xx Signed by Judge Lettow.

09-182C • TIMOTHY DOYLE YOUNG, v. UNITED STATES,

Filed 07/31/2009
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915; Motion to Proceed In Forma Pauperis;Three Strikes Rule; Frivolous Complaint Signed by Judge Horn.

06-245T, 06-246T, and 06-247T • MURFAM FARMS, LLC, By and Through Wendell H. Murphy, Jr., A Partner Other than Tax Matters Partner, v. THE UNITED STATES,

Filed 07/30/2009
TEFRA Partnership Proceeding;Motion for Partial Summary Judgment; Validity of Treas. Reg. § 1.752-6; Taxpayer Bill of Rights 2;Retroactivity; 26 U.S.C. § 7805 Signed by Judge Damich.

02-0411V • JOHN DOE 21, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/30/2009
Causation-In-Fact;National Vaccine Injury Act,42 U.S.C. § 300 aa-1 et seq.; Remand;Treating Physician Signed by Judge Braden.

09-255C • TEXAS BIO- & AGRO-DEFENSE CONSORTIUM, v. UNITED STATES OF AMERICA, and HEARTLAND BIO AGRO CONSORTIUM, Intervenor

Filed 07/30/2009
Post-Award Bid Protest; Site Selection For Construction Of National Bio- and Agro-Defense Facility; Ripeness Signed by Judge Williams.

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

Filed 07/28/2009
Trial; United States Postal Service Highway Contract Route Contract; Wrongful Termination for Default; Conversion to Termination for Convenience Signed by Judge Hewitt.

08-133C • GLOBAL COMPUTER ENTERPRISES, INC., v. THE UNITED STATES, and QSS GROUP, INC., Defendant-Intervenor

Filed 07/28/2009
RCFC 59(e); Motion to Amend Judgment; Clarification of Decision;Use of Phrase "Fair and Open Competition"; Agency Discretion Signed by Judge Sweeney.

05-142C • ARTURO MORENO, JR., individually and on behalf of others similarly situated, v. THE UNITED STATES,

Filed 07/27/2009
Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Statute of Limitations for Willful Violations, 29 U.S.C. § 255(a); Knowing and Reckless Disregard for Overtime Requirement; Equitable Tolling; Defective Pleading Signed by Judge Firestone.

03-654V • ROLF and ANGELA HAZLEHURST, parents of WILLIAM YATES HAZLEHURST, v. SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES,

Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any,between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing,failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism Signed by Judge Wiese.

08-133C • GLOBAL COMPUTER ENTERPRISES, INC., v. THE UNITED STATES, and QSS GROUP, INC., Defendant-Intervenor

Filed 07/24/2009
Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Federal Acquisition Streamlining Act of 1994; Subject Matter Jurisdiction;RCFC 12 (b)(1); Standing; Laches;Competition in Contracting Act;Ramcor Services Group,Inc.; AT&T Communications, Inc.; Contract Interpretation to Determine Scope of Solicitation and Prospective Bidders' Expectations; FAR § 19.502-2; "Rule of Two" Small Business Set-Aside; Injunctive Relief Signed by Judge Sweeney.

09-264C • MANCY N. THOMPSON, JR., v. UNITED STATES OF AMERICA,

Filed 07/24/2009
Jurisdictional Statute of Limitations;Equitable Tolling; Accrual Suspension; Military Back Pay Signed by Judge Block.

03-654V • ROLF and ANGELA HAZLEHURST, parents of WILLIAM YATES HAZLEHURST v. SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES

Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any, between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing, failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism. Signed by Judge Wiese.

08-133C • GLOBAL COMPUTER ENTERPRISES, INC., v. THE UNITED STATES, and QSS GROUP, INC., Defendant-Intervenor

Filed 07/22/2009
Bid Protest; Motion to Supplement the Administrative Record; Esch; Axiom Resource Management, Inc.; Motion to Strike; Lay Opinion Evidence; Hearsay; Hearsay Exceptions; Fed. R. Evid. 403, 701,803; Cumulative Evidence Signed by Judge Sweeney.

07-324C • TODD CONSTRUCTION, L.P., f/k/a, TODD CONSTRUCTION CO., INC., v. THE UNITED STATES,

Filed 07/22/2009
Court of Federal Claims Rule 12(b)(6); failure to state a claim upon which relief can be granted;performance evaluation; Tucker Act, 28 U.S.C. § 1491(a)(2); non- monetary contract dispute; court authority to issue declaratory judgment; court authority to remand to agency for further action with "proper and just" direction; Contract Disputes Act of 1978, 41 U.S.C. § 609; de novo review; matters within discretion of agency; abuse of discretion Signed by Judge Miller, G..

08-501C • PUBLIC SERVICE COMPANY OF OKLAHOMA, v. THE UNITED STATES,

Filed 07/22/2009
Contracts; Disputed Contract Provision Affecting Government Payment Liability; Contract as a Whole; Whether Rate Cited in Setoff Formula is Fixed or Subject to Adjustment Signed by Judge Bush.

08-860C • ALBERT LANKSTER, v. UNITED STATES,

Filed 07/22/2009
Claim for recovery of payment made in settlement of a student loan provided under the Perkins program; applicability of 34 C.F.R. § 682.402(c)(1)(i) as it existed in 2006, prior to amendment in 2007, which then provided for refund of payments made once the student-loan borrower became totally and permanently disabled; laches; payment made in accord with prior settlement of loan Signed by Judge Lettow.

04-1441T • FOUNDATION OF HUMAN UNDERSTANDING, v. THE UNITED STATES,

Filed 07/21/2009
Judgment on the Administrative Record; RCFC 52.1; Definition of Church; Revocation of Church Status; I.R.C. § 7428(a)(1)(B); Declaratory Judgment; I.R.C. § 509(a)(1); I.R.C. § 170(b)(1)(A)(i) Signed by Judge Hewitt.

08-902C • OK'S CASCADE COMPANY, v. THE UNITED STATES,

Filed 07/21/2009
Contract Disputes Act, 41 U.S.C. § 605(c)(1) (2006); Contractor's Failure to Certify Claims Exceeding $100,000; Effect of Contracting Officer's Decisions on Uncertified Claims; Contractor's Inability to Rely Upon Decisions Beyond the Scope of Contracting Officer's Authority Signed by Judge Wheeler.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE v. THE UNITED STATES

Filed 07/21/2009
Motion to compel production; Motion for protective order; Tribal trust fund case - fiduciary obligations; Attorney-client privilege; Work product doctrine; "Fiduciary exception;" Applicability to attorney-client privilege; Inapplicability to work product doctrine; Mixed-content documents; Requests for legal advice; Applicability of attorney-client privilege to advice received from agency counsel; RCFC 26(b)(5)(A) - waiver of privilege; RCFC 26(b) - relevancy; Tribal investment information not relevant to trust fund theories; Motions granted, in part, denied, in part. Signed by Judge Allegra.

06-211T • JAMES R. THOMPSON v UNITED STATES OF AMERICA

Filed 07/20/2009
Taxation of LLCs; Passive Activity Losses; 26 U.S.C. § 469; 26 C.F.R. § 1.469-5T; Statutory and Regulatory Interpretation Signed by Judge Block.

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