USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-354C • THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, et al., v. UNITED STATES

Filed 03/30/2009
Easements; Applicability of the Contract Disputes Act 41 U.S.C. § § 601-613; Statute of Limitations Signed by Judge Horn.

09-125C • NEQ, LLC, v. THE UNITED STATES, Defendant,and LATA-KEMRON REMEDIATION, LLC,Defendant-Intervenor

Filed 03/25/2009
Motion to supplement the administrative record; Esch factors - tension with Supreme Court precedent; Murakami;Impresa Construzioni construed; Motion granted, in part, and denied, in part Signed by Judge Allegra.

00-475C • TECOM, INC., v. THE UNITED STATES

Filed 03/25/2009
Judgment after trial; damages; breach of contract; equitable adjustment for constructive change; Contract Disputes Act;vehicle maintenance contract; excess maintenance backlog; actual costs; DCAA audit; REA preparation costs Signed by Judge Wolski.

08-72L • HOOPA VALLEY TRIBE, et al., v. THE UNITED STATES,Defendant and Third-Party Plaintiff, v. YUROK TRIBE, Third-Party Defendant

Filed 03/25/2009
Hoopa-Yurok Settlement Act, 25 U.S.C. § 1300i et seq.; Cross-Motions to Dismiss or for Summary Judgment; Lack of Standing Signed by Judge Wheeler.

08-479C • MARCUS L. WILLIAMS v. UNITED STATES

Filed 03/25/2009
Claim of right to monies withheld by the government to pay a debt due the Army and Air Force Exchange Service; collateral estoppel; taking; veterans'educational benefits Signed by Judge Lettow.

07-434C, 08-44C • MATTHEW J. CRUSAN, et al., v. UNITED STATES, and KATHY L. FEDERICO, et al., v. UNITED STATES,

Filed 03/24/2009
Motions for Partial Judgment on the Pleadings pursuant to RCFC 12(c); Fair Labor Standards Act, 29 U.S.C. § § 201-219; Portal-to-Portal Act, 29 U.S.C. § § 251-262; Compensation for Time Solely Spent Driving a Government-Owned Vehicle between Home and Work; Binding Precedent/Stare Decisis; Deference to Agency Regulations Signed by Judge Horn.

06-448C • MICHAEL KAWA v. THE UNITED STATES

Filed 03/23/2009
Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act, 41 U.S.C. § 601 et seq.; res judicata; claim preclusion; issue preclusion;privity; substantive legal relationship; real party in interest; third-party beneficiary; assignment of right to payment; implied-in-fact contract;ratification Signed by Judge Miller, G..

06-936L • UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA v. THE UNITED STATES

Filed 03/20/2009
Indian Claim; Motion to Dismiss for Lack of Jurisdiction; 28 U.S.C. § 1500; Actions Pending in U.S. District Court and Court of Federal Claims; Sequence of Filing Complaints on Same Day Signed by Judge Wheeler.

08-386C • ANNUITY TRANSFERS, LTD. and BOBBIE V. THOMPSON v. THE UNITED STATES

Filed 03/18/2009
RCFC 12(b)(1); Structured Settlement;Annuity Owned by the United States;Factoring Transaction; Assignment; Privity of Contract; Third-Party Beneficiary;Presently Due Money Damages; Equitable Relief; 26 U.S.C. § 5891 Signed by Judge Sweeney.

08-121C • LAUDES CORPORATION v. THE UNITED STATES

Filed 03/16/2009
Contract with Iraqi Government; Promises by United States to Facilitate Payment; Implied-In-Fact Contracts; Tucker Act Jurisdiction; Contract Disputes Act Not Applicable; Dismissal of Counts Where No Privity Exists Signed by Judge Wheeler.

08-599C • AL ANDALUS GENERAL CONTRACTS CO., v. THE UNITED STATES

Filed 03/11/2009
Bid Protest; Indefinite Delivery Indefinite Quantity ("IDIQ")Contracts; Failure to Show Prejudice; Past Performance Evaluations; Price Reasonableness Determination; Waiver of Minor Irregularities; 48 C.F.R. 52.215-1(f)(3) Signed by Judge Firestone.

02-30C, 04-1822C, & 05-249C consolidated • AMBER RESOURCES CO.,et al., v. THE UNITED STATES

Filed 03/11/2009
RCFC 59(a)(1) Motion for Reconsideration;Restitution and Rescission; Duty to Return Property in Substantially the Same Condition; Offset for damage to property;Election of Remedies;Offshore Oil and Gas Leases Signed by Judge Bruggink.

07-355C • TEXAS NATIONAL BANK f/k/a MERCEDES NATIONAL BANK v. THE UNITED STATES

Filed 03/06/2009
Anti-Assignment Acts, 41 U.S.C. § 15 & 31 U.S.C. § 3727; Recognition of Assignment; Statute of Limitations, 28 U.S.C. § 2501; Accrual Suspension Rule Signed by Judge Firestone.

08-746C • MARK J. WATSON v. THE UNITED STATES

Filed 03/05/2009
Pro Se Plaintiff; Doctrine of Res Judicata; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1494 Signed by Judge Wheeler.

01-2011L • JOYCE JAMES v. THE UNITED STATES

Filed 03/05/2009
Fifth Amendment taking, Rule 9(i), and avigation easement; evidence challenging jurisdictional facts; motion to dismiss for lack of subject matter jurisdiction and Rules 12(b)(1),(h)(3); typographical error; hearsay under the Federal Rules of Evidence 801, 802; signed submissions and Rule 11; 28 U.S.C. § 1746; Rule 15(a)amendments Signed by Judge Wolski.

02-469V • CHRISTOPHER and CARLA LOVING, PARENTS of CAMILLE LOVING v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/04/2009
Vaccine case; Off-Table claim; significant aggravation of prior symptoms; required elements of proof; causation Signed by Judge Lettow.

01-254C & 01-442C • CONSOLIDATION COAL COMPANY, ET AL., v. THE UNITED STATES

Filed 03/04/2009
Summary Judgment;Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), 30 U.S.C. § § 1201 et seq.;Constitutionality of reclamation fees as applied to exports;Scope of Remand Signed by Judge Futey.

05-420V • KELLY BOLEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/03/2009
National Vaccine Injury Compensation Program; Review of Special Master's Decision on Remand; Hepatitis B Vaccine; Failure to Show that Vaccine Injuries Persisted for at Least Six Months Signed by Judge Wheeler.

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