USCFC General Jurisdiction-Reported

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07-692T • WILLIAM C. LEONARD v. THE UNITED STATES

Filed 01/30/2009
Motion to Dismiss; RCFC 12(b)(1)Internal Revenue Service; Tax Refund Statute of Limitations Signed by Judge Smith.

03-1956C • LAN-DALE COMPANY v. THE UNITED STATES

Filed 01/29/2009
Contract Disputes Act Claims;Motion to Dismiss; Actions Filed Simultaneously in Two Different Courts; Effect of 28 U.S.C. § 1500 Signed by Judge Wheeler.

08-366T • FRANK JAMES DUMONT v. THE UNITED STATES

Filed 01/29/2009
Tax claim for refund of deficiency assessments and associated penalties and interest;jurisdiction Signed by Judge Lettow.

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

Filed 01/28/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); motion to dismiss pursuant to RCFC 12(b)(1); small business setaside;jurisdiction; standing;mootness; whether decision not to issue follow-on contract as small business set-aside violates 48 C.F.R.(FAR) § § 19.502-2(a),(b) (2000); motion to dismiss pursuant to RCFC 12(b)6); whether complaint states a cognizable challenge to reasonableness of agency decision not to continue to procure through small business set-aside Signed by Judge Miller, C..

08-260C • ANDERSON, PETER A., v. THE UNITED STATES

Filed 01/28/2009
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Department of Veterans Affairs (VA) Home Loan Guaranty Program; 38 U.S.C. § 3701-36 (2006); No Entitlement of a Plaintiff Mortgagor to Proceeds From a Resale by VA as Foreclosure Purchaser After Foreclosure of Loan Partially Guaranteed by VA Signed by Judge Hewitt.

08-215C • NORTH HILLS TERRACE, INC. v. THE UNITED STATES

Filed 01/28/2009
HUD rental assistance contract; payments based on vacancies; motion to dismiss Signed by Judge Damich.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian tribe, v. THE UNITED STATES

Filed 01/28/2009
RCFC 54(b); Separating a Single Claim for Relief Into Multiple Claims; Finality; Just Reason for Delay Signed by Judge Sweeney.

96-166C • ZOLTEK CORPORATION, v. THE UNITED STATES,

Filed 01/23/2009
Transfer under 28 U.S.C. § 1631;patent infringement claims arising in a foreign country; government contractor immunity from patent infringement liability; "authorization or consent"; relation between 28 U.S.C. § 1498 and 35 U.S.C. § 271;jurisdiction to hear infringement claims under 35 U.S.C. § 271(g); leave to amend complaint Signed by Judge Damich.

98-419L • RESOURCE INVESTMENTS, INC. AND LAND RECOVERY, INC., v. THE UNITED STATES OF AMERICA,

Filed 01/23/2009
Fifth Amendment; Regulatory Takings;Temporary Takings; Categorical Takings;Partial Takings; Parcel as a Whole;Mahon; Penn Central; First English;Lucas; Tahoe-Sierra;Seiber;Extraordinary Delay; Ripeness; Summary Judgment; Causation Signed by Judge Block.

08-020C • MARK S. ZAID, P.C., et al., v. THE UNITED STATES,

Filed 01/22/2009
Fifth Amendment Taking Claim;Attorney's Fee Restrictions Imposed by Congress in Private Relief Bills; Valid Limitation Within Discretion of Congress is not Compensable Taking; Paul v.United States, 687 F.2d 364 (Ct.Cl. 1982) Signed by Judge Wheeler.

06-932L • AK-CHIN INDIAN COMMUNITY v. THE UNITED STATES

Filed 01/14/2009
Motion to Compel; RCFC 34(b);RCFC 33(d); American Indian Records Repository(AIRR);"Making Documents Available at the AIRR" Does Not Comply With RCFC 34(b)(2)(E)(i) and RCFC 33(d) Because Documents Maintained at the AIRR Are Not Kept in the Usual Course of Business Pursuant to RCFC 34 Signed by Judge Hewitt.

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

Filed 01/14/2009
Motion for Reconsideration; RCFC 54(b); RCFC 59(a)(1) Signed by Judge Hewitt.

07-707C • DAVID WHALEN, et al., v. UNITED STATES

Filed 01/13/2009
Suit by air traffic control specialists for compensation for overtime labor under the Fair Labor Standards Act, 42 U.S.C. § § 201-219;motion for conditional certification of a collective action and for authorization of notice to similarly situated employees Signed by Judge Lettow.

08-587T • RICHARD ROY BUSER v. THE UNITED STATES

Filed 01/12/2009
Pro Se; Subject Matter Jurisdiction;28 U.S.C § 1491; In Forma Pauperis;Motion to Dismiss; RCFC 12(b)(1);Failure to State a Claim, RCFC 12(b)(6);Tax Refund Claim; Full Payment Rule;Flora; Res Judicata; Injunctive Relief;Wrongful Levy Claim, 26 U.S.C. § 7426;Frivolous Claims; Request to Stay Garnishment Signed by Judge Sweeney.

08-77C • CONNIE E. YANT, et al., v. THE UNITED STATES

Filed 01/12/2009
Civilian pay; RCFC 12(b)(1)motion to dismiss for lack of subject matter jurisdiction based on gender balance of preferred class; RCFC 56 motion for summary judgment; Equal Pay Act, 29 U.S.C. § 206(d)(1)(2000); consent to motion for summary judgment under RCFC 12(b)(1) to address claim on merits Signed by Judge Miller, C..

98-168C, 02-1632C & 03-2699C • NORTH STAR ALASKA HOUSING CORPORATION v. THE UNITED STATES

Filed 01/09/2009
Motion for attorney's fees and litigation expenses; "Bad faith" exception to the American Rule; 28 U.S.C. § 2412(b); Centex construed; Agency's prelitigation "bad faith" conduct in injecting bias into the contract claim process does not warrant the imposition of fees; Motion denied Signed by Judge Allegra.

06-310C • TEKNOWLEDGE CORPORATION v. THE UNITED STATES

Filed 01/07/2009
Government Contract Cost Principles; Allocability of Indirect Costs; Development of Software Not Purchased by the Government; Failure to Show Nexus of Cost to a Government Contract; FAR 31.201-4 Signed by Judge Wheeler.

06-749T • BRIAN ALAN BLAKLEY d/b/a TCS v. THE UNITED STATES

Filed 12/31/2008
Attorney Fees;Equal Access to Justice Act,28 U.S.C. § 2412;Internal Revenue Code, 26 U.S.C. § § 6511(a), 6532(a),7430, 7422(a);National Firearms Act,26 U.S.C. § 5801 et. seq.;Tax Refund,28 U.S.C. § 1346(a)(1);Transfer Tax;Tucker Act,28 U.S.C. § 1491 a); 27 C.F.R. § 479.88(a)-(c) Signed by Judge Braden.

08-130T • CARLA J. VAN VORST v. THE UNITED STATES

Filed 12/31/2008
Tax Refund Suit; Motion to Stay; 26 U.S.C. § 7422(e); Motion for a More Definite Statement, RCFC 12(e); RCFC 11; Former RCFC 9(h)(6); RCFC 9(m); Motion to Supplement, RCFC 15(d); Full Payment Rule; Injunctive Relief; Equal Access to Justice Act, 28 U.S.C. § 2412 Signed by Judge Sweeney.

07-003C • LINDA A. STOCUM v. THE UNITED STATES

Filed 12/31/2008
RCFC 12(c); Motion for Judgment on the Pleadings; Fair Labor Standards Act,29 U.S.C. § § 201-219; Adams; Bobo;Doctrine of Stare Decisis Signed by Judge Sweeney.

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