USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 1 hour 34 min ago
General Jurisdiction (Reported)
General Jurisdiction (Unreported)
Vaccine (Reported)
Vaccine (Unreported)
Keywords:
Start date:
End date:

X

There are four categories on the left side of the search bar, each with a check box. The currently visible cateogry is highlighted yellow. To search multiple categories at once, place a check mark next to each desired category. Note if none are selected, the search will default to all categories. You must select additional search parameters (keyword, judicial officer, date range) if you specify a case category.

To search for specific words, enter one or more keywords in the search term box, then click the Search button. To search for a phrase, enclose it in quotes, "like this." Keywords and search terms are not case sensitive. You do not need to use wildcards.

To search by case number, enter the case number in xx-yyy format in the keywords box. The first two digits before the dash are the year in which the case was opened. If this year is 2000 through 2009, include the leading zero for best results.

To search by judicial officer (a particular judge or special master), click the drop-down menu "(judicial officer)" then make your selection from the list. If you decide to not search for a specific judicial officer, choose "(judicial officer)" from the list.

Dates are expected to be month/day/year format, also known as mm/dd/yyyy format. If you use a dash/hyphen as the separator, the search engine will expect the date to be in yyyy-mm-dd format (in other words, the year comes first; this is the European format).

Search results will have relevant terms highlighted so you can see why a particular item appears in the results. Note: Results are limited to 500 items; if your search returns 500 items, try adjusting it to get more specific results.

To clear your search results and view posted opinions, click on one of the category labels.

To close this help text, click on the Help! button again, or click the blue X in the upper right corner of this box.

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.

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

Filed 08/28/2008
Attorney-Client Privilege;Attorney Work-Product Privilege;Certification,28 U.S.C. § § 1292(b),(d)(2); Deliberative Process Privilege;Federal Courts Improvement Act of 1982,28 U.S.C. § 1292(d)(2);Interlocutory Appeal;Mandamus;"Misconduct Exception" to the Attorney-Client Privilege Signed by Judge Braden.

95-524C • HOMER J. HOLLAND, STEVEN BANGERT, Co-Executor of the Estate of HOWARD R. ROSS, v. THE UNITED STATES,

Filed 08/26/2008
Winstar-related proceeding, damages for breach of contract, Financial Institutions Reform,Recovery, and Enforcement Act of 1989(FIRREA), expectation damages, reasonable foreseeability of damages, breach of contract as substantial causal factor in bank's diminution in economic value, reasonable certainty of damages, fair and reasonable approximation of amount of damages, measure of damages for loss of income-producing asset, no damages resulting from hypothetical capital-aising transaction, Gordon growth model Signed by Judge Miller, G..

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES,

Filed 08/26/2008
Trial; Breach of contract; Section 8 housing program; Housing Assistant Payments contracts and associated regulatory agreements; Requirement that owner maintain decent, safe and sanitary housing for tenants;HUD properly determined that properties in question were not maintained in a decent, safe and sanitary fashion; HUD did not commit contract breaches in suspending and terminating HAP contracts and regulatory agreements; HUD did not breach contract provisions regarding transfer of property;Counterclaim; Plaintiffs breached HAP contracts and associated agreements;Corporate veil pierced Signed by Judge Allegra.

96-408C • INNOVAIR AVIATION, LTD v. THE UNITED STATES,

Filed 08/22/2008
Fifth Amendment, Takings, Damages; Just Compensation; Discount Rate; Interest; Present Value Calculation; Discounted Cash Flow Signed by Judge Smith.

06-910L • NEZ PERCE TRIBE, v. UNITED STATES,

Filed 08/22/2008
Indian trust claims brought under the Indian Tucker Act, 28 U.S.C. § 1505;subject matter jurisdiction circumscribed by 28 U.S.C. § 1500; same-day filings;effect of time of filing during day Signed by Judge Lettow.

05-965C • CEBE FARMS, IND., and JOSEPH CEBE, v. THE UNITED STATES,

Filed 08/20/2008
Fifth Amendment Takings Claim; RCFC 12(c); Judgment on the Pleadings; Exotic Newcastle Disease in Livestock; 7 U.S.C. § 8306 (2000); Motion to Amend; RCFC 15 Signed by Judge Sweeney.

05-297C • STERLING, WINCHESTER & LONG, L.L.C., v. THE UNITED STATES,

Filed 08/20/2008
Trademark license agreement; contract interpretation; parol evidence; integration clause Signed by Judge Margolis.

96-408C • INNOVAIR AVIATION, LTD v. THE UNITED STATES,

Filed 08/15/2008
Fifth Amendment; Takings; Police Power;Motion for Reconsideration; Innocent Owner; Evidence for Criminal Prosecution Signed by Judge Smith.

08-101C • L-3 GLOBAL COMMUNICATIONS SOLUTIONS, INC., v. THE UNITED STATES,

Filed 08/15/2008
Post-Award Bid Protest; Responsiveness Depends on a Bid's Facial Compliance with Material Requirements of the Solicitation; Elements of Proof for a "Bait and Switch" Challenge; Awardee's Rejected Proposal for Post-Award Contract Signed by Judge Bush.

08-94C • TYLER CONSTR. GROUP, v. THE UNITED STATES,

Filed 08/14/2008
Contracts—Bid Protest: (i) The use of an Indefinite Delivery/Indefinite Quantity contract to acquire construction services constitutes a permissible exercise of the procurement authority under the FAR § 1.102(d);(ii) 15 U.S.C. § § 631(j), 644; 10 U.S.C. § 2382(a)—Restrictions against bundling of contract requirements,even if applicable to general construction work, do not apply when, on the basis of comprehensive advice provided by the construction industry, the procuring agency determines bundling to be necessary and justified; (iii) 15 U.S.C. § 644 note—The procuring agency is not required to seek a waiver of statutory restrictions barring set-asides for general small business concerns when the agency's needs require participation by contractors that are able to support construction projects generally exceeding small business revenue standards; (iv) 10 U.S.C. § 2305(a)—Statutory two-phase design/build selection procedures are not restricted to acquisitions involving a single structure or group of structures at a single location, nor do they require the award of three or more contracts;(v) FAR § § 16.504(a)(3), 36.204—The procuring agency did not overstate its needs to the detriment of the ability of small businesses to participate in the solicitation when the regulations barred disclosure of the government price estimate and task orders were identified in terms of minimum and maximum dollar values Signed by Judge Wiese.

05-1043C • JORGE A. DELPIN APONTE, et al., v. THE UNITED STATES,

Filed 08/14/2008
United States Postal Service; Fair Labor Standards Act, 29 U.S.C. § 207(a)(1)(overtime compensation); Territorial Cost of Living Adjustment(TCOLA); regular rate; RCFC 15(a)motion to amend; undue prejudice; futility; opt-in class action under RCFC 23; collective action under 29 U.S.C. § 216(b) Signed by Judge Wolski.

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

Filed 08/13/2008
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;Good Faith Effort to Comply; Timing for Correction of Shortfall in Deposit Signed by Judge Williams.

07-829C • MATHEW LEVY, v. UNITED STATES

Filed 08/08/2008
Military Pay; Jurisdiction; Statute of Limitations; Equitable Tolling Signed by Judge Horn.

07-209T • IMPRIMIS INVESTORS LLC, WEXFORD SPECIAL SITUATIONS 1997 INSTITUTIONAL, L.P., TAX MATTERS PARTNER, v. UNITED STATES,

Filed 08/07/2008
Federal Tax Dispute; Definition of "Ordinary Income"; Short Term Capital Gains; I.R.S. Inconsistent Positions; Tax Equity and Fiscal Responsibility Act (TEFRA); Partner's Distributive Share; 26 U.S.C. § § 1, 64, 702, 703, 1222,6226; Settlement Agreement Signed by Judge Horn.

01-680C • JGB ENTERPRISES, INC., v. THE UNITED STATES,

Filed 08/07/2008
Motion for attorneys' fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); Government's position lacked substantial justification; effect of claim on which plaintiff did not prevail; alleged duplication of effort by attorneys; cost-of-living adjustment to cap on hourly rates; fees attributable to work of paralegals and other nonlawyers Signed by Judge Miller, G..

08-3C • KENNEY ORTHOPEDIC, LLC, v. THE UNITED STATES,

Filed 08/07/2008
Certification, 41 U.S.C. § 605(c)(1);Claim, 48 C.F.R. § 2.101;Contract Disputes Act of 1978, 41 U.S.C. § § 601, et seq.;Federal Torts Claims Act,28 U.S.C. § 1346(b)1);Jurisdiction; Motion To Dismiss, RCFC 12(b)(1);Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.

08-385C • JOHN BRAMLETT WADE, III, v. THE UNITED STATES,

Filed 08/06/2008
Subject Matter Jurisdiction; Pro se Plaintiff; Maritime Jurisdiction; Rule 12(b)(1);Tort Claims; Due Process Claims;Equal Protection Claims Signed by Judge Smith.

07-392C • PETER MATHIS, JR., v. THE UNITED STATES,

Filed 08/06/2008
Motion to Dismiss; RCFC 12(b);Pro se Plaintiff; Tort Claims;Statute of Limitations;Injunctive Relief; Constitutional Claims Signed by Judge Smith.

08-299C • KEITH RUSSELL JUDD, v. THE UNITED STATES,

Filed 08/06/2008
Motion to Dismiss; RCFC 12(b); Subject Matter Jurisdiction; Pro se Plaintiff; Pretrial Diversion Agreement Signed by Judge Smith.

Pages