USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

08-74L • VICTOR BRISENO and PAULA BRISENO, v. THE UNITED STATES,

Filed 09/18/2008
Takings; RCFC 12(b)(1) and Precedent Concerning Nonfrivolous Claims; Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion; Tortious Conduct; Timber Trespass Signed by Judge Bush.

07-174C & 07-646C • PENNSAUKEN SENIOR TOWERS URBAN RENEWAL ASSOCIATES, LLC., & HOUSING AUTHORITY OF THE... v. UNITED STATES,

Filed 09/18/2008
"Section 8" housing assistance contract; timing of rent adjustments; 24 C.F.R. § 888.203; Housing and Urban Development Notice 95-12; statute of limitations; 28 U.S.C. § 2501;interpretation of regulation by the promulgating agency Signed by Judge Lettow.

06-472C • TDM AMERICA, LLC, v. THE UNITED STATES, and DONJON MARINE COMPANY, INC., Third-Party Defendant

Filed 09/17/2008
Patent infringement case;Subject Matter Jurisdiction; Authorization and Consent of the United States;Contract Performance Methods and Locations Approved by the Government; 28 U.S.C. § 1498;FAR ¶ 52.227-1 Signed by Judge Wheeler.

08-458C • DYONYX, L.P., v. THE UNITED STATES,

Filed 09/15/2008
Pre-award protest; 28 U.S.C. § 1491(b)(1) (2000); judgment on the administrative record;jurisdiction; standing; whether standing to protest depends on submission of compliant final proposal; merits of procurement decision; reasonableness of agency action; injunctive relief Signed by Judge Miller, C..

07-718C • CLAUDE M. REDD, III, et al., v. THE UNITED STATES,

Filed 09/12/2008
Pleading and practice; motion for judgment on the pleadings pursuant to RCFC 12(c); facts indistinguishable from facts in binding precedent Signed by Judge Miller, C..

06-150C & 07-647C • VERIDYNE CORPORATION, v. THE UNITED STATES,

Filed 09/12/2008
Contracts; breach of contract; motion for summary judgment; Rule 56(C)(f); 28 U.S.C. § 2514(2000); fraud counterclaim;fraud as an affirmative defense;remedy for contracts void ab initio versus forfeiture Signed by Judge Miller, C..

07-867C • AMERICAN ORDNANCE LLC, v. THE UNITED STATES,

Filed 09/12/2008
Contract Interpretation; Ownership of Manufacturing Equipment in Government Owned, Contractor-Operated Facility; Review of Extrinsic Evidence to Determine Parties' Intent; Government Claim Barred by Six-Year Limitations Period in Contract Disputes Act Signed by Judge Wheeler.

92-872C • AMERICAN SAVINGS BANK, F.A., et al., v. THE UNITED STATES,

Filed 09/10/2008
Partial Final Judgment; 28 U.S.C. § 2817;RCFC 54(b); Adams v. United States, Fed. Cl. 57 (2001); King Instrument Corp. v. Otari Corp., 814 F.2d 1560 (Fed. Cir. 1987); Nat'l Australia Bank, N.A. v. United States, 74 Fed. Cl. 435 (2006); Home Sav. of Am., F.S.B. v. United States, 69 Fed. Cl. 187 (2005) Signed by Judge Smith.

02-131C • PRECISION PINE & TIMBER, INC., v. THE UNITED STATES,

Filed 09/09/2008
Motion for attorneys' fees and expenses under Equal Access to Justice Act, 28 U.S.C. § 2412(d); counterclaim by Government for damages due to plaintiff's breach of timber contracts; plaintiff as prevailing party where judgment entered in favor of defendant for substantially less than amount sought on counterclaim; whether Government's position lacked substantial justification; effect of plaintiff's partial success Signed by Judge Miller, G..

08-450C • CAREER TRAINING CONCEPTS, INC., v. UNITED STATES,

Filed 09/09/2008
Post-Award Bid Protest; Injunctive Relief; Untimely Proposal; FAR Subpart 8.4, Federal Supply Schedules (FSS) versus FAR Part 15, Negotiated Procurement; FSS Labor Category; Discussions versus Clarifications; Evaluation of Proposals; Disqualification of Offeror Signed by Judge Horn.

03-2622C & 04-33C • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., & ENTERGY NUCLEAR INDIAN POINT... v. THE UNITED STATES,

Filed 09/03/2008
Spent Nuclear Fuel Cases; Motion for Joinder Under RCFC 19(a); Necessary Party; Substantial Risk of Inconsistent Obligations Signed by Judge Wheeler.

04-954C • METRIC CONSTRUCTION CO., INC., v. THE UNITED STATES,

Filed 09/03/2008
Application for Attorney's Fees; Equal Access to Justice Act, 28 U.S.C. § 2412 (2000); Whether the Government's Position Was Substantially Justified Signed by Judge Bush.

07-395C • INSURANCE COMPANY OF THE WEST v. THE UNITED STATES,

Filed 08/28/2008
Failure to state a claim; Miller Act bonds;doctrine of equitable subrogation; surety's notice of contractor default; Government's duty to act with reasoned discretion to protect surety's interests in contract funds Signed by Judge Damich.

01-256T & 01-257T consolidated • MARRIOTT INTERNATIONAL RESORTS, L.P., et al., v. UNITED STATES,

Filed 08/28/2008
Cross-motions for summary judgment in a tax case; recognition of basis upon contribution of assets and liabilities to a partnership; 26 U.S.C. § § 722, 752; contingent liabilities; short sales; Federal Reserve Board's Regulation T Signed by Judge Lettow.

01-39L • WALTER B. FREEMAN, v. THE UNITED STATES,

Filed 08/28/2008
Takings; Suspension of Proceedings; Exhaustion of Administrative Remedies; Doctrine of Finality; Inadequacy of Administrative Proceedings Signed by Judge Futey.

06-407T 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

Filed 08/28/2008
Action for Readjustment of Partnership Items; I.R.C. § 6226; Motion for Protective Order; Relevance; Deliberative Process Privilege Signed by Judge Hewitt.

07-638C • UNITED STATES SURETY COMPANY, et al, v. THE UNITED STATES OF AMERICA,

Filed 08/28/2008
Suretyship; Liquidated Damages; Sua Sponte Grant of Summary Judgment Signed by Judge Block.

04-1365C • CHEVRON U.S.A., INC., v. THE UNITED STATES,

Filed 08/28/2008
Attorney-Client Privilege; Attorney Work-Product Privilege; Fed. R. Ev. 612; Motion for Reconsideration, RCFC 59(a)(1) Signed by Judge Braden.

04-1365C • CHEVRON U.S.A., INC., v. THE UNITED STATES,

Filed 08/28/2008
Jurisdiction; Motion to Dismiss, RCFC 12(b)(1) Signed by Judge Braden.

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