USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

06-101C • JAY CASHMAN, INC., v. THE UNITED STATES,

Filed 08/04/2009
Partial motion for summary judgment/crossmotion for summary judgment; Government contract case - action under the Contract Disputes Act; Dredging contract; Hydrographic multibeam acoustic survey; Minimum depth versus average depth method; Equitable adjustment; Contract ambiguity/missing term; Duty to Cooperate; Alleged violation of manual provision not actionable; Patent ambiguity; Numerous genuine issues of material fact identified; Summary relief largely denied; Trial to be scheduled Signed by Judge Allegra.

05-1119L • ST. BERNARD PARISH AND OTHER OWNERS OF REAL PROPERTY IN ST. BERNARD PARISH OR THE LOWER NINTH WARD OF THE CITY OF NEW ORLEANS v. UNITED STATES

Filed 08/03/2009
Coastal Wetlands Planning Protection and Restoration Act of 1990, Pub. L. No. 101-646; Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, Pub. L. No. 109-234; Failure to State a Claim, RCFC 12(b)(6); Fish and Wildlife Coordination Act of 1946, Pub. L. No. 79-732; Just Compensation Clause, U.S. CONST. amend. V; River and Harbor Act of 1956, Pub. L. No. 84-455; River and Harbor Act of 1968, Pub. L. No. 90-483; Stabilization Doctrine; Statute of Limitations; Summary Judgment, RCFC 56; Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

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..

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