USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-877L • D & D LANDHOLDINGS, a limited partnership, v. THE UNITED STATES,

Filed 06/30/2008
Fifth Amendment Takings Claim; Motion to a limited partnership, Dismiss; Motion for Summary Judgment; Genuine Issue of Material Fact; National Security; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 56; Fisher; Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Sweeney.

08-208C • EARL SAGEMAN, v. UNITED STATES,

Filed 06/27/2008
Pro Se Plaintiff; Motion to Proceed In Forma Pauperis; Jurisdiction; Tucker Act; Failure to State a Claim Signed by Judge Horn.

05-1042C • THE DALLES IRRIGATION DISTRICT, v. UNITED STATES,

Filed 06/27/2008
Post-trial decision in suit by irrigation district for refund of allegedly excessive charges for energy and power under a contract with the Bureau of Reclamation; interpretation of contract guided by statute Signed by Judge Lettow.

04-74C into which has been consolidated No. 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. THE UNITED STATES,

Filed 06/27/2008
Spent Nuclear Fuel Case; Violation of Order Amending Protective Order dated May 14,2006; Availability of Sanctions or Remedies; Government Entitled to Reasonable Expenses, Including Attorneys'Fees Signed by Judge Allegra.

08-441C • ALL FLORIDA NETWORK CORP., v. THE UNITED STATES OF AMERICA,

Filed 06/26/2008
Medicare Program; Social Security Amendments of 1965; Durable Medical Equipment, Prosthetics,Orthotics, and Supplies (DMEPOS);competitive acquisition program;award of contracts; 42 U.S.C. § 1395w-3(b)(10); judicial review of administrative decisions; bid protest;preliminary injunction Signed by Judge Baskir.

05-420V • KELLY BOLEY, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 06/26/2008
Review of Special Master's Vaccine Act Decision; Hepatitis B Vaccine; Vaccine Rules 3(b)and 8(c); Lack of Fundamental Fairness; Hearing Improprieties; Failure to Consider Relevant Evidence; Denial of Post-Hearing Briefs; Remand for Further Proceedings Signed by Judge Wheeler.

08-73C • BIKRAM NASKAR, v. THE UNITED STATES,

Filed 06/23/2008
Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to RCFC 12(b)(1); Case Not Appropriate for Transfer Under 28 U.S.C. § 1631; Postal Rate Commission Appropriate Body to Review Complaint Under 39 U.S.C. § 3662 Signed by Judge Hewitt.

06-917L • EASTERN SHAWNEE TRIBE OF OKLAHOMA, v. UNITED STATES OF AMERICA,

Filed 06/23/2008
Indian trust claims; subject matter jurisdiction; related prior suit in different court; 28 U.S.C. § 1500; operative material facts; different relief Signed by Judge Lettow.

06-942L • PASSAMAQUODDY TRIBE, v. THE UNITED STATES,

Filed 06/19/2008
Tribal Trust Claims; 28 U.S.C. § 1500 (2000); RCFC 12(b)(1); Whether Same-Day Filings are Per Se Pending for the Purposes of Section 1500; More Weight Given to Contemporaneous Documentary Evidence than to Inconsistent Testimony Provided During Litigation; Substantially the Same Operative Facts; Overlapping Requested Relief that is Not Distinctly Different Signed by Judge Bush.

04-37C • CAROLINA POWER & LIGHT COMPANY, and FLORIDA POWER CORPORATION, v. THE UNITED STATES,

Filed 06/19/2008
Spent Nuclear Fuel Case; Motion for Reconsideration; Correction of Minor Errors in Amended Judgment Signed by Judge Wheeler.

96-738C • CITY LINE JOINT VENTURE, v. THE UNITED STATES,

Filed 06/19/2008
Contract Liability: Emergency Low Income Housing Preservation Act ("ELIHPA"), Pub. L. No. 100-242, tit. II, 101 Stat. 1877 (1988); a borrower's filing of a "notice of intent" to prepay with the Department of Housing and Urban Development constitutes an attempt to prepay a mortgage under Franconia Assocs. v. United States, 536 U.S. 129 (2002); a breach of contract claim is ripe despite the borrower's failure to tender prepayment when it is clear that such efforts would have been futile Signed by Judge Wiese.

07-541C • JOHN L. CORRIGAN, v. UNITED STATES,

Filed 06/18/2008
Civilian Pay; Overtime Pay; Pro Se; Motion to Dismiss for Failure to State a Claim; Statute of Limitations; Issue Preclusion Signed by Judge Horn.

07-494C • CH2M HILL HANFORD GROUP, INC., v. THE UNITED STATES,

Filed 06/18/2008
Consolidation of Civilian Board of Contract Appeals and Court of Federal Claims cases; Contract Disputes Act(41 U.S.C. § 609(d)); motion to expedite consideration; collateral estoppel; res judicata Signed by Judge Damich.

07-689C • DONNA MAURAS, ANTHONY E. MAURAS v. THE UNITED STATES,

Filed 06/18/2008
Breach of contract; motion to dismiss; RCFC 12(b)(1); subject matter jurisdiction; standing; RCFC 12(b)(6); failure to state a claim upon which relief can be granted; Twombly; speculative damages; RCFC 8(a); RCFC 8(e)(2); RCFC 11(b); 5 U.S.C. § 2105 Signed by Judge Damich.

06-155C • S & M MANAGEMENT INCORPORATED, v. THE UNITED STATES,

Filed 06/16/2008
RCFC 56; Partial Summary Judgment; Contract Interpretation; Contract Modification; Delegation of Authority; Implied Authority Signed by Judge Sweeney.

07-547C • PATRICIA R. SHARP, MARGARET M. HAVERKAMP, and IVA DEAN ROGERS, v. THE UNITED STATES,

Filed 06/12/2008
Survivor Benefit Plan, 10 U.S.C. § 1447 et seq.; 10 U.S.C. § 1450(c)(1); Dependency and Indemnity Compensation, 38 U.S.C. § 1310 et seq.; Veterans Benefits Act of 2003; 38 U.S.C. § 1311(e); Motion for Summary Judgment Pursuant to RCFC 56 Signed by Judge Miller, G..

08-134C • KLINGE CORPORATION, v. THE UNITED STATES, and SEA BOX, INC. Intervenor

Filed 06/10/2008
Trade Agreements Act ("TAA"); 19 U.S.C. § § 2501 et seq.; 48 C.F.R. § 25.402(b); Trade Agreements Certificate; DFARS 252.225-7020; Substantial Transformation Signed by Judge Bruggink.

91-1470L • THE ESTATE OF E. WAYNE HAGE AND THE ESTATE OF JEAN N. HAGE, v. THE UNITED STATES,

Filed 06/06/2008
43 U.S.C. § 1752(g); takings;Fifth Amendment; just compensation cattle; vested water rights; 1866 Act Ditches; damages; grazing permit; Beneficial use; Federal Land Policy Management Act Signed by Judge Smith.

06-543C • BRYCE F. LOCKWOOD, v. UNITED STATES,

Filed 06/05/2008
Jurisdiction; Military Pay;Disability Retirement Benefits;Statute of Limitations; Equitable Tolling Signed by Judge Horn.

02-1282C • NCLN20, INC., v. THE UNITED STATES,

Filed 06/04/2008
Anti-Assignment Act,31 U.S.C. § 3727; 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.;Issue In Controversy,48 C.F.R. § 33.201;Mistake In Bid,48 C.F.R. § § 14.407-3(a), (g)(2); Motion To Dismiss, RCFC 12(b)(1);Request For Equitable Adjustment;Small Business Act of 1958,15 U.S.C. § § 631 et seq.;Termination For Convenience,48 C.F.R. § 2.249-4;Termination For Default,48 C.F.R. § § 49.401(a)-(b) Signed by Judge Braden.

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