USCFC General Jurisdiction-Reported

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07-858C • THE CNA CORPORATION, v. UNITED STATES,

Filed 08/06/2008
Bid Protest; Motion to Strike; Bid Preparation and Proposal Costs;Finality; RCFC 59 and 60 Signed by Judge Horn.

99-500V • JAY NUSSMAN, v. SECRETARY OF HEALTH AND AN SERVICES,

Filed 08/06/2008
Vaccine Act; Motion for Review; Hepatitis B Vaccine; Seizure Disorder; Causation; Althen; Pafford; Challenge-Rechallenge;Temporal Relationship; Vaccine Rule 8(f); Waiver; Capizzano; Sequelae Signed by Judge Sweeney.

04-1726T • EUGENE A. FISHER, Trustee, SEYMOUR P. NAGAN IRREVOCABLE TRUST, v. THE UNITED STATES,

Filed 08/06/2008
Trial; Mutual insurance company - participating policyholders;Demutualization;Gain on sale of stock received in exchange for ownership rights;Basis allocation rule - Treas. Reg. § 1.61-6; "Open transaction" doctrine - Burnet v.Logan; Limited exception to Treas. Reg. § 1.61-6 where impossible or impractical to value property; Pierce, Inaja Land and Warren construed; Mutual ownership rights found not to be susceptible of valuation; Expert reports on valuation; "Open transaction" exception to Treas. Reg. § 1.61-6 applicable; Refund entitled Signed by Judge Allegra.

08-261C • WATTS-HEALY TIBBITTS A JV, v. THE UNITED STATES, and IBC/TOA CORPORATION, Defendant-Intervenor

Filed 08/05/2008
Modified Order of Injunction, Motion to Stay Signed by Judge Smith.

07-374C • AMERICAN CONTRACTORS INDEMNITY COMPANY, v. THE UNITED STATES,

Filed 08/04/2008
RCFC 59; Motion for Reconsideration; Surety Bond; 13 C.F.R. § 115.19 (2002); Plaintiff, RCFC 9(c) Signed by Judge Sweeney.

04-1435C • TERRY EASTER, ET AL., v. THE UNITED STATES,

Filed 08/01/2008
Motion for Judgment on the Pleadings Pursuant to RCFC 12(c); Facts Indistinguishable from Facts in Adams II; No Change In Applicable Substantive Law Since AdamsII;Judgment as a Matter of Law Appropriate Signed by Judge Hewitt.

08-352C • TIP TOP CONSTRUCTION, INC., v. THE UNITED STATES,

Filed 08/01/2008
Post-Award Bid Protest;FAR 28.203, 48 C.F.R. § 28.203(2007); Bid Bond; Individual Surety; Rejection of Contractor Because Found Non-Responsible;Contracting Officer's Decision was not Arbitrary, or Capricious;No Injunctive Relief Signed by Judge Bush.

02-60T • RONALD C. & MARY G. PRATI, v. THE UNITED STATES OF AMERICA,

Filed 07/31/2008
RONALD C. & MARY G. PRATI, v. THE UNITED STATES OF AMERICA, Signed by Judge Block.

05-748T & 07-520T • STOBIE CREEK INVESTMENTS, LLC, JFW ENTERPRISES, INC., Tax Matters and Notice Partner, v. THE UNITED STATES,

Filed 07/31/2008
Tax; tax refund; partnership-level proceedings for readjustment of partnership items; Tax Equity and Fiscal Responsibility Act of 1982("TEFRA"), 26 U.S.C.("I.R.C.") § § 6221-6234 (2000); RCFC App. F; validity of retroactive application of Treasury regulation; Coltec Indus., Inc. v. United States, 454 F.3d 1340(Fed. Cir. 2006), cert. denied, 127 S. Ct. 1261 (2007); economic substance doctrine; step transaction doctrine; tax shelter; accuracy-related penalties,I.R.C. § 6662; reasonable cause and good faith, I.R.C. § 6664 Signed by Judge Miller, C..

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

Filed 07/31/2008
Post-award bid protest; motions to supplement the administrative record and for discovery Signed by Judge Lettow.

07-272C • MARK G. ABBEY, ET AL., v. THE UNITED STATES,

Filed 07/31/2008
Motion for Partial Summary Judgment; RCFC 56; Motion to Dismiss; RCFC 12(b)(6); FLSA;29 U.S.C. § § 201-219; Federal Aviation Administration; Air Traffic Control Specialists;Traffic Management Coordinators; Staff Specialists Signed by Judge Hewitt.

06-803C • WONDERLYN LORRAINE BELL PINCKNEY, v. THE UNITED STATES,

Filed 07/29/2008
Motion for Reconsideration Pursuant to RCFC 54(b) and 59(a) Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court's Opinion of March 28, 2008 Signed by Judge Hewitt.

08-07C • MICHAEL TELEMAQUE, v. THE UNITED STATES

Filed 07/28/2008
Motion to Dismiss; RCFC 12(b)(6); Pro se standard of review; 28 U.S.C. § 1491 Signed by Judge Smith.

08-136C • WILLIAM ATKINS v. THE UNITED STATES,

Filed 07/24/2008
Fifth Amendment Taking Claim;Patented Device Classified As Machine Gun; Exercise of Police Power; Motion to Dismiss Under RCFC 12(b)(6) Signed by Judge Wheeler.

07-811C • METROTOP PLAZA ASSOCIATES, v. THE UNITED STATES,

Filed 07/24/2008
Contract Disputes Act—Timeliness of a Claim: (i) For statute of limitations purposes, the finality of a contracting officer's decision is suspended during the period when the contracting officer is reconsidering the decision, whether or not a formal motion for reconsideration has been filed. (ii) The date of mailing of a claim to the contracting officer does not establish the starting date for the 60-day period required for a contracting officer's deemed decision in the absence of facts confirming the contracting agency's receipt of the claim Signed by Judge Wiese.

08-261C • WATTS-HEALY TIBBITTS A JV, v. THE UNITED STATES, and IBC/TOA CORPORATION, Defendant-Intervenor

Filed 07/23/2008
Bid Protest; Responsibility Determination;Preliminary Injunction; FAR 52.209-5; Arbitrary and Capricious; Requisite Business Integrity; International Considerations are Implicated Signed by Judge Smith.

05-608C • FRANCISCO JAVIER RIVERA AGREDANO, v. THE UNITED STATES,

Filed 07/22/2008
Trial; Breach of Implied-in-Fact Covenant; Failure to Remove Contraband From Seized Vehicle Prior to Resale Constitutes Breach of Impliedin-Fact Covenant; Damages for Injuries Caused by Breach Signed by Judge Hewitt.

08-497C • LEO F. SCHWEITZER, III, and RICHARD S. DALBERTH, v. THE UNITED STATES,

Filed 07/18/2008
Pro Se; Plea Agreements; Failure to State Money Mandating Claim; Lack of Subject Matter Jurisdiction Under Federal Tort Claims Act (28 U.S.C. § 2671), Civil Rights Act (42 U.S.C. § § 1983, 1985, 1986), and False Claims Act (31 U.S.C. § § 3729-733); Lack of Subject Matter Jurisdiction over Bivens Actions and Constitutional Violations Under First, Fourth, Sixth, Eighth, Ninth,Tenth, and Thirteenth Amendments, Due Process Clauses, Equal Protection Clause, and Contract Clause Signed by Judge Firestone.

08-375C • TIN MILLS PROPERTIES, LLC, v. THE UNITED STATES, and GLENMARK HOLDING, LLC, Intervenor

Filed 07/15/2008
Bid Protest; Injunction; GSAR 552.270-1(c)(7); Negotiated Procurement; Material Deviation from Solicitation Terms; Amendments to Solicitation Signed by Judge Bruggink.

07-807T • JOHN DACOSTA AND N.B. SALTY MILLER, v. THE UNITED STATES,

Filed 07/11/2008
Motion to dismiss; RCFC 12(b)(1); subject matter jurisdiction; Tucker Act; 28 U.S.C. § 1491(a)(1); Internal Revenue Code of 1986; 26 U.S.C. § 7623; monetary rewards to whistleblowers for information provided to IRS;contract implied in fact Signed by Judge Miller, G..

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