USCFC General Jurisdiction-Reported

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06-211T • JAMES R. THOMPSON v UNITED STATES OF AMERICA

Filed 07/20/2009
Taxation of LLCs; Passive Activity Losses; 26 U.S.C. § 469; 26 C.F.R. § 1.469-5T; Statutory and Regulatory Interpretation Signed by Judge Block.

09-185C • RED RIVER HOLDINGS, LLC v. THE UNITED STATES

Filed 07/17/2009
Post-award bid protest; subject matter jurisdiction over maritime procurement; failure to comply with solicitation; national security concerns; equitable relief. Signed by Judge Merow.

REDACTED • Jane Doe\34 vs. SECRETARY OF HEALTH and HUMAN SERVICES

Filed 07/15/2009
Review of Special Master Decision; 42 U.S.C. § 300aa-12(e)(2)(B); 42 U.S.C. §300aa-15(a)(4); 42 U.S.C. § 300aa-15(f)(4)(A); 42 U.S.C. § 300aa-13(b)(1); Vaccine Rule 36(b); Vaccine Rule 8(c); Special Master Did Not Err In Evidentiary, Credibility, Fact-Finding, or Discretionary Determinations. Signed by Judge Firestone.

09-48C • OCEAN VIEW TOWERS ASSOCIATES, LIMITED PARTNERSHIP v. UNITED STATES

Filed 07/15/2009
"Section 8" housing assistance contract; timing of rent adjustments; 24 C.F.R. § 888.203; Housing and Urban Development Notice 95-12; statute of limitations; 28 U.S.C. § 2501; interpretation of contract in light of regulations and agency's notice Signed by Judge Lettow.

08-88C • CANAL 66 PARTNERSHIP d/b/a DOUBLETREE HOTEL, v. THE UNITED STATES

Filed 07/15/2009
Summary Judgment; Breach of Contract; Purchase Order; Contract Interpretation; Ambiguous Contract; Extrinsic Evidence. Signed by Judge Williams.

09-162C • RITO MENDEZ-CARDENAS, v. THE UNITED STATES,

Filed 07/13/2009
Motion to Dismiss; Pro Se Complaint Alleging Tort Claims and Constitutional Violations Occurring in State Prison; Relief Not Available Under 28 U.S.C. §1491, or Article III, Section 2 of the United States Constitution Signed by Judge Hewitt.

08-473C • ASHBRITT, INC., v. UNITED STATES OF AMERICA, Defendant, and CERES ENVIRONMENTAL SERVICES, INC. and ENVIRONMENTAL CHEMICAL CORPORATION, Intervenors

Filed 07/09/2009
Motion for Clarification; Meaning of Term "Reprocure"; Agency Discretion in Taking Corrective Action; Amendment of Decision Signed by Judge Williams.

97-334C • CCA ASSOCIATES, v. UNITED STATES,

Filed 07/08/2009
Late designation of witnesses for trial; applicability of RCFC Appendix A ¶ 13; requisite showing of need for testimony Signed by Judge Lettow.

08-911C • L-3 COMMUNICATIONS EOTECH, INC., v. THE UNITED STATES, Defendant, AIMPOINT, INC., Intervenor-defendant

Filed 07/08/2009
Pre-Award Bid Protest; Review of Army's Decision to Eliminate Protestor from Further Consideration; Supplementation of the Administrative Record Signed by Judge Bush.

07-601C • DANIEL L. DUMONDE, v. THE UNITED STATES,

Filed 07/08/2009
Motion to Dismiss; RCFC 12(b)(1); RCFC12(b)(6); Pro se Plaintiff Signed by Judge Smith.

03-2470C • ANTHONY J. BROOKS, v. THE UNITED STATES,

Filed 07/06/2009
Judgment on the administrative record, RCFC 52.1; Board for Correction of PHS Commissioned Corps Records; substantial evidence; discretionary decision; derailment of promotion; harmless error rule;appointment revoked before effective date Signed by Judge Wolski.

06-295C • LAKELAND PARTNERS, L.L.C. d/b/a LAKELAND NURSING HOME, v. THE UNITED STATES,

Filed 07/02/2009
Motion for Protective Order; RCFC 26(c); Good Faith Conferment; Good Cause; Requests for Admission; RCFC 36; Interrogatories; RCFC 33; Leave to Serve Additional Interrogatories Signed by Judge Sweeney.

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

Filed 07/02/2009
Unauthorized Communications With Represented Persons About the Subject of Lawsuit Are Not in Compliance With ABA Model Rules of Professional Conduct 4.2 and 8.4(a); Assuring Future Compliance Signed by Judge Hewitt.

07-886C • WILLIAM J. SALERA, v. THE UNITED STATES,

Filed 07/02/2009
Dismissal for Failure to Show Cause; Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II; Rule 54(c) Signed by Judge Hewitt.

08-290C • SUSAN C. ZENNAN, v. THE UNITED STATES,

Filed 07/02/2009
Dismissal for Failure to Show Cause; Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II; Rule 54(c) Signed by Judge Hewitt.

05-381L • ARKANSAS GAME AND FISH COMMISSION, v. UNITED STATES,

Filed 07/01/2009
Post-trial decision on physical takings claim; superinduced additions of water to the Black River in Arkansas attributable to deviations by the Corps of Engineers from the operating plan for the Clearwater Dam in Missouri; periodic inundation of Dave Donaldson Black River Wildlife Management Area; loss of oak timber; just compensation Signed by Judge Lettow.

03-2526T • THE HENRY E. AND NANCY HORTON BARTELS TRUST FOR THE BENEFIT OF CORNELL UNIVERSITY, by KENNETH G. BARTELS, JOHN B. LOEHMANN, PHILIP H. BARTELS, INGE T. REICHENBACH, and JOHN F. MURPHY, Trustees, v. THE UNITED STATES OF AMERICA,

Filed 07/01/2009
Collateral Estoppel; Virtual Representation; Unrelated Business Income Tax; 26 U.S.C. § § 511-14; Summary Judgment; Tax Refund Signed by Judge Block.

08-791C • UNITED SURETY & INDEMNITY COMPANY, v. THE UNITED STATES, and SELPA CONSTRUCTION & RENTAL EQUIPMENT, Third-Party Defendant

Filed 06/30/2009
Doctrine of Equitable Subrogation; Miller Act, 40 U.S.C. § 3131(a)-(b); Motion to Dismiss, RCFC 12(b)(6); Performance and Payment Bonds Signed by Judge Braden.

08-883C • DIANNE B. HUFFORD, v. THE UNITED STATES,

Filed 06/29/2009
Motion to Dismiss; Pro Se Complaint Alleging Violations of Various Statutes and Claims of Fraud, Negligence and Conversion; Relief Not Available Under 11 U.S.C § § 523 and 548, 15 U.S.C. § § 1-7,42 U.S.C. § 1983, 18 U.S.C. § § 1951 and 1961-62, 42 U.S.C. § 6928, 33 U.S.C. § 1319, 17 C.F.R. § 240.10b, 40 C.F.R. § § 1502 and 1508, or First, Fifth and Fourteenth Amendments to the U.S. Constitution Signed by Judge Hewitt.

05-214C • MICHAEL R. PEOPLES, v. THE UNITED STATES,

Filed 06/29/2009
RCFC 12(b)(1); RCFC 52.1; Correction of Military Records; 28 U.S.C. § 1552; Back Pay; 37 U.S.C. § 204; Mandatory Separation; 10 U.S.C. § 632; Medical Evaluation Board; Physical Evaluation Board; Substantial Evidence; Inadequate Correction Board Decision; Remand to Correction Board; 28 U.S.C. § 1491 Signed by Judge Sweeney.

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