USCFC General Jurisdiction-Reported

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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.

99-550L into which has been consolidated No. 00-169 L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES OF AMERICA

Filed 12/19/2008
RCFC 24(a); RCFC 24(b); Intervention of Right; Permissive Intervention; 28 U.S.C. § 1505 Signed by Judge Hewitt.

08-18C • ANYA GAYLE, on behalf of herself and all others similarly situated, v. UNITED STATES

Filed 12/17/2008
Suit under the Fair Labor Standards Act, 29 U.S.C. § § 201-219; requests for conditional certification of a nationwide collective action and authorization for notice Signed by Judge Lettow.

97-733C • A. DEAN OSWALT and REINIE OSWALT, husband and wife, et al., v. THE UNITED STATES

Filed 12/17/2008
Summary Judgment, Irrigation Rights, Condition Precedent,Breach of Contract, Expectation Damages, Causation Standard Signed by Judge Futey.

06-539C • FRANK GAYLORD v. THE UNITED STATES

Filed 12/16/2008
Suit for Copyright Infringement; Korean War Veterans Memorial; Postal Service Commemorative Stamp; Ownership of Copyright; Fair Use Doctrine, 17 U.S.C. § 107; Architectural Works Copyright Protection Act Signed by Judge Wheeler.

08-291C • JAMES E. POOLE, v. THE UNITED STATES,

Filed 12/15/2008
National Guard and Army Personnel Rules for Retirement Grade; Army Reg. 135-155; National Guard Reg.600-100, Commissioned Officers Federal Recognition and Related Personnel Actions Signed by Judge Firestone.

08-660C • WACKENHUT SERVICES, INC., v. THE UNITED STATES, & COASTAL INTERNATIONAL SECURITY, Defendant-Intervenor

Filed 12/15/2008
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 § § 12(a)(b)110 Stat. 3870 (1996), codified at 28 U.S.C. § 1491(b);Administrative Procedure Act,5 U.S.C. § 706;Competition on Contracting Act,31 U.S.C. § 3551(2)(A);Doctrine of Laches;Federal Acquisition Regulation 15.101,15.3, 15.303(a)(b), 15.305(a)(2), 15.306(d)(2), 15.306(e)(1)-(5), 15.308,15.304(c)(3)(i), NFS 1815.3,11852.216-83; Fed. R. Ev. 702;Intervenor, RCFC 24(a);Judgment on the Administrative Record,RCFC 52.1;Post-Award Bid Protest;Standing;RCFC 7(b)(1) Signed by Judge Braden.

08-431L • EARLEEN FAUVERGUE et al., v. THE UNITED STATES,

Filed 12/11/2008
Takings; Rails to Trails Act, 16 U.S.C. § § 1241-1251 (2000);statute of imitations, 25 U.S.C. § 2501 (2000); motion to amend class-action complaint; RCFC 15(a),(c) (C); relation back of class-action complaint Signed by Judge Miller, C..

05-1002V • MELISSA CLOER, M.D., v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 12/10/2008
Vaccine Act; Vaccine Injury; Statute of Limitations; Markovich; Symptom versus Manifestation; Diagnosis;Constitutional Challenge to Statute of Limitations Signed by Judge Block.

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

Filed 12/09/2008
Court of Federal Claims Rules 12(b)(1), 12(b)(6); Contract Disputes Act of 1978 ("CDA"), Definition of "Claim" as Used in CDA; Jurisdiction Over Contracting Officer Decision on Contractor's Challenge to Performance Evaluation; Authority to Grant Declaratory and Injunctive Relief in Resolving Nonmonetary Dispute Signed by Judge Miller, G..

04-1366C • SPECTRUM SCIENCES and SOFTWARE, INC., v. THE UNITED STATES

Filed 12/08/2008
Government contract case; Trial;Cooperative Research and Development Agreement(CRADA); Munitions assembly conveyor;Stevenson-Wydler Technology Innovation Act and Federal Technology Transfer Act; Construction of contract - scope of protected "proprietary information;" Inappropriate reliance upon website in attempting to demonstrate that information was generally available; CRADA repeatedly breached when proprietary information was released to unauthorized recipients; CRADA limitation on damages; Reverse-engineering - failure to plead affirmative defense under RCFC 8(c) Signed by Judge Allegra.

06-589C • HALLWOOD PLAZA, INC., v. THE UNITED STATES,

Filed 12/05/2008
Contracts; motion for summary judgment; construction of lease; mistake of fact in bid; unilateral mistake; disputed issues of fact;speaking order to facilitate parties' evaluation of case Signed by Judge Miller, C..

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P., v. THE UNITED STATES, & LOCKHEED MARTIN AERONAUTICS...

Filed 12/05/2008
Post-Award Bid Protest;28 U.S.C. § 1491(a)(1); Subject Matter Jurisdiction; Anti- Assignment Act, 31 U.S.C. § 3727,41 U.S.C. § 15; Operation of Law and Recognition Exceptions to Anti-Assignment Act; Standing of Successor-in-Interest Signed by Judge Williams.

08-079C • PARSONS TRANSPORTATION GROUP, INC. v. THE UNITED STATES

Filed 12/03/2008
Contracts; indemnification; Public Law No. 85-804; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 2000); whether CDA covers claims for breach of indemnification clause Signed by Judge Damich.

06-576C • SAN CARLOS IRRIGATION AND DRAINAGE DISTRICT v. THE UNITED STATES

Filed 12/03/2008
Contracts; breach of contract;cross-motions for summary judgment; San Carlos Irrigation and Drainage District v. United States, 111 F.3d 1557 (Fed. Cir.1997); contract interpretation; breach of contract provision to maintain accounts; breach of implied covenant of good faith and fair dealing; sufficiency of responses to statements of proposed material fact; triable issues of fact Signed by Judge Miller, C..

07-206C • LUBLIN CORPORATION, t/a CENTURY 21, ADVANTAGE GOLD v. THE UNITED STATES

Filed 12/03/2008
Contract case; Motion to dismiss under RCFC 12; Alleged breach of oral contract; Applicability of Contract Disputes Act;Oral contract was not for the "procurement of services" within the meaning of 41 U.S.C. § 602(a); Definition of term "procurement;" Institute Pasteur applied;31 U.S.C. § 1501(a); Section 1501(a) is not a statute of frauds rendering oral(and implied-in-fact) contracts unenforceable; Language, structure, and history of section 1501(a) reviewed; American Renaissance not followed; Motion to dismiss denied Signed by Judge Allegra.

04-1140C • WEST BAY BUILDERS, INC., v. THE UNITED STATES,

Filed 11/26/2008
RCFC 56; Cross-Motions for Summary Judgment; Contract Interpretation; Patent and Latent Ambiguities; Doctrine of Contra Proferentem Signed by Judge Sweeney.

02-1894C • CONSUMERS ENERGY COMPANY v. THE UNITED STATES

Filed 11/26/2008
Motion for summary judgment; RCFC 56;28 U.S.C. § 2516; interest;attorney and expert fees Signed by Judge Damich.

03-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP, a Michigan Limited Partnership v. UNITED STATES

Filed 11/25/2008
Owner Claims for Rent Increase and Energy Reimbursement in HUD Public Housing Program Signed by Judge Horn.

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