USCFC General Jurisdiction-Reported

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05-1291L • YANKTON SIOUX TRIBE v. THE UNITED STATES OF AMERICA

Filed 10/10/2008
Indian Trust Claims; Motion to Dismiss; Subject Matter Jurisdiction;Application of 28 U.S.C. § 1500 Signed by Judge Block.

06-407 T 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 06-407 T

Filed 10/09/2008
Action for Readjustment of Partnership Items; I.R.C. § 6226; Motion to Dismiss Causes of Action for Lack of Jurisdiction: FPAA Invalid to Extent FPAA Purports to Adjust Nonpartnership Items on the Basis That Transfers Were Shams; Motion to Substitute Parties: Partner Who Filed Complaint and Others May Withdraw From Proceeding Upon Substitution of Successor Partner;Deposit by Withdrawing Partner Who Filed Complaint Shall Not Be Returned Signed by Judge Hewitt.

07-625T • KISLEV PARTNERS, L.P., by and through NESIM BAHAR, a Partner Other than the Tax Matters Partner v. THE UNITED STATES

Filed 10/09/2008
Motion for Reconsideration; Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2); Jurisdiction; Tax Equity and Fiscal Responsibility Act of 1982; Notice of Final Partnership Administrative Adjustment; 26 U.S.C. § 6226(e)(1);Statutory Interpretation; 1 U.S.C. § 1; Amount of Requisite Deposit Signed by Judge Williams.

08-470C • ALABAMA AIRCRAFT INDUSTRIES, INC. - BIRMINGHAM, v. UNITED STATES, & THE BOEING COMPANY, Intervening Defendant

Filed 10/07/2008
Post-award protest of a contract to perform maintenance services on the Air Force's KC-135 Stratotanker fleet; standing;change of name; organizational conflicts of interest; evaluation of past performance; price-realism analysis; factors governing equitable relief Signed by Judge Lettow.

03-2825C • M. MAROPAKIS CARPENTRY, INC., v. THE UNITED STATES OF AMERICA

Filed 10/03/2008
Jurisdictional prerequisites under Contract Disputes Act, 41 U.S.C. § 605(a)-(c); Certified claim and contracting officer's final decision;Government counterclaim; Liquidated damages for delayed contract performance; Defective specifications; Sequence of performance; Variance request;Delay for discovery of lead based paint Signed by Judge Baskir.

02-784C • CHARLES BICE, Executor of the Estate of MARTHA BICE, deceased v. THE UNITED STATES OF AMERICA

Filed 10/03/2008
Public Safety Officer Benefits Act(PSOBA), 42 U.S.C. § 3796;Consolidated Appropriations Act of 2008; Application for Attorney Fees;Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412; Multiple Applications for Attorney Fees; Res Judicata; Attorney Fees for Legal Work by Law Students Signed by Judge Baskir.

07-658T • FORD MOTOR COMPANY v. THE UNITED STATES

Filed 10/02/2008
RCFC 26; Discovery; Relevance;Burdensomeness; Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq.; Revenue Rulings Signed by Judge Williams.

04-1743T • WILLIAM H. SCHELL AND RUBY G. SCHELL v. THE UNITED STATES

Filed 09/30/2008
Jurisdiction; Standing; Substantial Variance Doctrine; Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. § § 6221-33; Tucker Act, 28 U.S.C. § 1491; 26 U.S.C. § § 7422(a), (h); RCFC 12(b)(1) Signed by Judge Braden.

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

Filed 09/30/2008
Fifth Amendment; takings; motion to dismiss; RCFC 12(b)(6) Signed by Judge Damich.

08-409C, 08-419C, 08-432C, 08-454C, and 08-474C • FEMME COMP INC., TECHNICAL AND PROJECT ENGINEERING, v. THE UNITED STATES

Filed 09/30/2008
Postaward Bid Protest, 28 U.S.C. § 1491(b);Cross-Motions for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Standing; Evaluation Scheme; Competitive Range; Discussions;Proposal Evaluations; Adjectival Ratings; Quantity and Quality of Evaluated Strengths;Crosswalks; Parent and Affiliate Corporations; Small Business Participation;Buying-in; Price Reasonableness; Best Value Tradeoffs; Weight of Evaluation Factors; Elevation of the Price Factor Signed by Judge Sweeney.

08-551C • KLINGE CORPORATION v. THE UNITED STATES, and SEA BOX, INC. Intervenor

Filed 09/30/2008
Bid protests; Alleged bad faith in cancelling procurement; Injunctive relief; Bid preparation costs Signed by Judge Bruggink.

99-172C • GENERAL ELECTRIC COMPANY v. THE UNITED STATES

Filed 09/29/2008
Cost Accounting Standard 413.50(c)(12), codified at 48 C.F.R. § 9904.413-50(c)(12) (1993); Segment Closing Adjustment; Partial Transfer of Pension Assets and Liabilities; Use of Transferred Pension Surplus to Satisfy Seller's Segment Closing Adjustment Obligations; Credits Clause, 48 C.F.R. § 31.205-5 (1993) Signed by Judge Firestone.

07-589C • JEFFREY B. KING, SCOTT A. AUSTIN, KEVIN J. HARRIS, AND JOHN J. HAYS, on their own behalf... v. THE UNITED STATES

Filed 09/26/2008
Motion to Certify Class Action;RCFC 23; Certification Granted Signed by Judge Hewitt.

03-2794C • ACCEPTANCE INSURANCE COMPANIES INC., v. THE UNITED STATES,

Filed 09/25/2008
Fifth Amendment; Regulatory Taking Claim; Proposed Sale of Crop Insurance Policies From One Private Party to Another; No Legally Cognizable Property Interest;Omnia Line of Cases; Rule 12(b)(6) Signed by Judge Wheeler.

08-500C • PRECISION LIFT, INC., v. THE UNITED STATES,

Filed 09/24/2008
Post-Award Bid Protest;Responsibility Determination;Tucker Act; Contract Disputes Act;Summary Judgment on the Administrative Record; Commercial Item Definition;FAR 2.101 Signed by Judge Smith.

06-778T • ABBOTT LABORATORIES and U.S. SUBSIDIARIES, v. THE UNITED STATES,

Filed 09/24/2008
Tax refund suit; Summary judgment; 26 U.S.C. § § 921-28 - foreign sales corporation provisions of the Internal Revenue Code of 1986; Temp. Treas. Reg. § 1.925(a)-1T(e)(4)- requirements for redetermination of FSC income; Temporary regulation construed - redetermination must "affect" entities; Validity of legislative regulation; Temporary regulation valid; Judgment for defendant Signed by Judge Allegra.

08-515C • L-3 COMMUNICATIONS EOTECH, INC., v. THE UNITED STATES, and AIMPOINT, INC., Intervenor-defendant

Filed 09/23/2008
Pre-Award Bid Protest;Competitive Range of One;Disparate Treatment; Relaxation or Waiver of Solicitation Requirements for One Offeror;Testing and Evaluation Irregularities; Amendment of Testing Criteria During Bid Sample Evaluation; Lack of a Rational Basis in Conduct of Bid Sample Testing Signed by Judge Bush.

02-1041 T & 04-1598 T • LYMAN F. BUSH, et al., v. THE UNITED STATES

Filed 09/23/2008

Internal Revenue Code of 1986 (I.R.C.); interpretation of Closing Agreement under I.R.C. § 7121; passive activity losses; suspended losses; offsetting suspended passive losses against income generated by non-passive activities; relationship of I.R.C. § 465 to I.R.C. § 469.

Signed by Judge Miller, G..

06-491L • WALLACE OENGA, et. al. v. THE UNITED STATES, & BP EXPLORATION (ALASKA) INC., et. al. Defendant-Intervenors

Filed 09/18/2008
Breach of Trust Responsibility; Alaska Native Allotment; Oil and Gas Production; Statute of Limitations - 28 U.S.C. § 2501; Indian Trust Accounting Statute (Pub. L. No. 109-54); Continuing Claim Doctrine;Money-Mandating Claim Under 25 C.F.R. § 62 Signed by Judge Firestone.

08-19C • RAMAH NAVAJO SCHOOL BOARD, INC., v. THE UNITED STATES,

Filed 09/18/2008
Contract Underpayment Claim;Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 et seq. (2000); 28 U.S.C. § 1500 (2000); 41 U.S.C. § § 605(a), 605(c)(5), 609(a)(3)(2000); RCFC 12(b)(1); Indirect Contract Support Costs; Tolling CDA Limitations Period Pending Class Certification in District Court Suit Signed by Judge Bush.

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