USCFC General Jurisdiction-Reported

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02-1085V • SCOTT and LAURA BONO, Parents of JACKSON BONO, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 04/30/2009
National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1 - 300aa-34 (2006); petition for review; statute of limitations, 42 U.S.C. § 300aa-16(a); occurrence of first symptom or manifestation of onset Signed by Judge Miller, C..

05-186L • LAVETTA ELK, v. THE UNITED STATES,

Filed 04/28/2009
Trial; Claim under bad men clause of Fort Laramie Treaty of 1868; Sexual assault of Sioux woman on Pine Ridge Indian Reservation; Construction of the word "reimburse" as used in the Treaty; Noneconomic damages recoverable under bad men clause; Assault victim found credible and a reliable witness; Nature of damages inquiry; Medical damages determined; Other economic damages determined; Damages for pain, suffering and emotional distress determined; Judgment awarded Signed by Judge Allegra.

08-551C • KLINGE CORPORATION, v. THE UNITED STATES, and SEA BOX, INC., Intervenor

Filed 04/27/2009
Request for reconsideration; bid protest; bid preparation costs; standing Signed by Judge Bruggink.

08-631C • PETER KALOS and VERON KALOS, v. THE UNITED STATES,

Filed 04/27/2009
RCFC 12(b)(1); RCFC 12(b)(6); Corporate Principals' Real Property as Security for Corporation's Payment and Performance Bonds; Purported Counterfeit Bonds; Termination for Default; Fifth Amendment Taking; Illegal Exaction; Privity of Contract Signed by Judge Sweeney.

08-21C & 09-113C • SAVANTAGE FINANCIAL SERVICES, INC. v. THE UNITED STATES,

Filed 04/22/2009
Bid Protest, Motion to Enforce the Court's Order, CICA, Undue Restriction on Competition, Agency's Minimum Needs, Applicability of Service Contract Act of 1965 Signed by Judge Futey.

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

Filed 04/17/2009
Winstar-related proceeding; Financial Institutions Reform, Recovery,and Enforcement Act of 1989 ("FIRREA");Government's breach of contract; Government's counterclaims; prior settlement agreement between plaintiffs and Federal Deposit Insurance Corporation ("FDIC"); effect of release of only one of two or more joint obligors on a contract; covenant not to sue;claim for setoff of amounts paid by FDIC in prior settlement against damages awarded in this action; burden of proof; Illinois law Signed by Judge Miller, G..

08-905C • BLACKWATER LODGE & TRAINING CENTER, INC., v. UNITED STATES, Defendant, and AUTOMATION PRECISION TECHNOLOGY, LLC, (Defendant-Intervenor)

Filed 04/17/2009
Post-award Bid Protest; Challenge to Navy's Evaluation of Competitive Proposals; Discretion Afforded to Agency's Technical and Past Performance Evaluations; Reasonableness of Best Value Determination; Timeliness Issues Signed by Judge Wheeler.

07-299C • PAUL G. JASTER, et al., v. THE UNITED STATES

Filed 04/17/2009
Overtime Compensation for Commuting Time; Fair Labor Standards Act, 29 U.S.C. § § 201-219;Portal-to-Portal Act, 29 U.S.C. § § 251-62; 5 C.F.R. § § 551.401, 551.104 and 551.422 Signed by Judge Williams.

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

Filed 04/16/2009
Contracts; breach of contract;RCFC 15(a), motion to amend answer and counterclaim; special plea in fraud, 28 U.S.C. § 2514 (2006); False Claims Act, 31 U.S.C. § § 3729(a)(1), (a)(2)(2006); Contract Disputes Act of 1978, 41 U.S.C. § 604 (2006);undue delay; prejudice Signed by Judge Miller, C..

98-312C • STANLEY K. MANN v. THE UNITED STATES

Filed 04/14/2009
Judgment after trial; damages for breach of contract; lease under Geothermal Steam Act of 1970; expectancy damages;uncertainty as to existence of lost profits; reliance damages based on assignor's costs; restitution based on benefits conferred by assignor Signed by Judge Wolski.

03-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP, a Michigan Limited Partnership, v. UNITED STATES

Filed 04/07/2009
Assertion of Claim for the First Time in the Motion for Reconsideration Signed by Judge Horn.

08-410C • RHINOCORPS LTD. CO., v. THE UNITED STATES

Filed 04/07/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunction; small-business setaside; irreparable harm; undue hardship; mootness; whether decision not to issue follow-on contract as small business setaside violates 48 C.F.R. (FAR) § § 19.502-2(a), (b) (2006) Signed by Judge Miller, C..

05-232V • MARY DARIN WILKERSON, as mother of her son, OTTO WILKERSON, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 04/03/2009
National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10 to -34 (2000); Statute of Limitations; "first symptom or manifestation of onset"; Markovich v. Sec'y of HHS,477 F.3d 1353 (Fed. Cir. 2007) Signed by Judge Hodges.

09-0099C • PLANETSPACE INC. v. UNITED STATES OF AMERICA, ORBITAL SCIENCES CORPORATION, Defendant - Intervenor, and SPACE EXPLORATION TECHNOLOGIES CORPORATION Defendant - Intervenor

Filed 04/02/2009
Post-award Bid Protest; Competition in Contracting Act Stay Override 31 U.S.C. § 3553(d) (2000); Administrative Procedure Act Standards 5 U.S.C. § 706 (2006) Signed by Judge Hodges.

00-705C • THE BOEING COMPANY v. THE UNITED STATES

Filed 04/02/2009
Trial; 28 U.S.C. § 1498; Damages owing to infringement of patent by NASA in developing super lightweight external tank for Space Shuttle; Hypothetical licensing agreement; Georgia Pacific factors; Reasonable royalty rate; Impact of prior licensing agreements involving same patent; Royalty base; Entire market value rule; Reliance on prior licensing agreements;Prejudgment interest; Compounding of interest Signed by Judge Allegra.

07-212C • ANN THOMAS, Pro se, v. THE UNITED STATES

Filed 04/01/2009
Civilian Pay; Equal Pay Act of 1963, 29 U.S.C. § 206 (2006); Prima Facie Case; Burden on Summary Judgment to Establish an Affirmative Defense under the Equal Pay Act; Merit System Signed by Judge Bush.

08-768C • RESOURCE CONSERVATION GROUP, LLC, v. THE UNITED STATES DEPARTMENT OF NAVY,

Filed 03/31/2009
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320, codified at 28 U.S.C. § 1491(b); Administrative Procedure Act,5 U.S.C. § § 701(a)(2), 706; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1),(b)(1) Signed by Judge Braden.

07-744C • INFORMATION SCIENCES CORP,Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC. (d/b/a Development InfoStructure or DEVIS), Plaintiff-Intervenor, v. THE UNITED STATES,

Filed 03/31/2009
Adequate Documentation;Apportionment;Attorney Fees;Eligible Party;Equal Access to Justice Act,28 U.S.C. § 2412;Miscellaneous Expenses;Motion to Strike, RCFC 12(f); Overtime Expenses;Paralegal Expenses;Substantial Justification;48 C.F.R. § § 15.101, 15.306(c), 15.308;RCFC 83.1 Signed by Judge Braden.

08-546C • ROMEO K. ABOO v. UNITED STATES

Filed 03/31/2009
Claim by cooperating witness of an implied-in-fact contract to keep his identity secret and to pay an award;payment from the Department of Justice Assets Forfeiture Fund; 28 U.S.C. § 524(c)(1)(B); release Signed by Judge Lettow.

06-141C • SHELL OIL COMPANY, UNION OIL COMPANY OF CALIFORNIA, ATLANTIC RICHFIELD COMPANY, and TEXACO INC. v. THE UNITED STATES

Filed 03/31/2009
Damages; CERCLA; Summary Judgment; Issue Preclusion; Collateral Estoppel Signed by Judge Smith.

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