USCFC General Jurisdiction-Reported

Contract case; Motion for summary judgment; ID/IQ contract, with fixed-price task orders; Use of price book with bidder’s coefficient; Army neither contracted nor warranted that prices in price book accurately reflected local prices; Instructions for using price book included in solicitation by necessary implication; Risk of price understatement on contractor; No breach of the covenant of good faith and fair dealing; No mutual mistake or unilateral mistake; Reformation denied; Equitable adjustment denied. Signed by Judge Allegra.

Breach of Contract; Bid Protest; Termination for Convenience; Implied Duty of Good Faith and Fair Dealing; Bad Faith Signed by Judge Firestone.

Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Smith.

Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Allegra.

Declaratory Judgment; California Power Crisis Signed by Judge Smith.

Declaratory Judgment; California Power Crisis Signed by Judge Smith.

Equitable Adjustment; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 42 U.S.C. § 7103(c)(2). Signed by Judge Merow.

Estate Tax Refund Claim; Reasonable Cause for Late Filing; Reasonable Reliance on Advice of Counsel; Substantial Variance; 26 U.S.C. § 6651; United States v. Boyle, 469 U.S. 241 (1985); Estate of La Meres v. Comm’r, 98 T.C. 294 (1992). Signed by Judge Miller, G..

Tucker Act, 28 U.S.C. § 1491(a); Subject-Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 601-12; Contracts for Hospital Care and Medical Services in Non-Department Facilities, 38 U.S.C. § 1703; 38 C.F.R. § 17.56; Authorizations; Money-Mandating Regulation; Failure to State a Claim upon Which Relief Can Be Granted. Signed by Judge Williams.

Pro Se, Wrongful Discharge from Navy, General Discharge by Reason of Misconduct, Disability Benefits, Subject Matter Jurisdiction, Statute of Limitations, Board for Correction of Naval Records Signed by Judge Damich.

Post-trial decision on government’s claim for damages based upon alleged misallocation of indirect costs to government contracts; statute of limitations; 41 U.S.C. § 7103(a)(4)(A); Cost Accounting Standards; scope and thrust of 48 C.F.R. § 9904.418–50; criteria for proper cost-accounting allocation of indirect costs; significance of costs of management and supervision of activities related to direct labor or materiel costs; applicability of 48 C.F.R. § 9904.418–50(e); proper use of a surrogate to allocate indirect materiel costs Signed by Judge Lettow.

Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Tort Claims Act; Tort Claims; Eighth Amendment; Constitutional Claims; Transfer to District Court; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court’s Inherent Power Signed by Judge Hewitt.

Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant Signed by Judge Sweeney.

Bid Protest; Standing; Best Value Procurement; Deference to Technical Evaluation. Signed by Judge Firestone.

The special master’s conclusion that a vaccination was not a substantial factor in bringing about harm was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law where the special master employed the correct legal standard, carefully considered the relevant evidence, and ultimately relied on the testimony of experts judged by the special master to be qualified and credible. Signed by Judge Wiese.

Breach of Oil and Gas Lease; and Risk of Regulatory Change; Sovereign Acts Doctrine; Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331-1356 (2006); Motion for Summary Judgment, RCFC 56. Signed by Judge Bush.

Motion for Judgment on the Administrative Record; Military Retirement Pay; Disability Retirement Pay; Severance Pay; Supplementation of Record Signed by Judge Hodges.

Tax refund suit; Cross-motions for summary judgment under RCFC 56; Deductibility of “theft” loss under I.R.C. § 165(c)(3); Definition of “theft;” Edwards; Reliance upon state law definitions of crimes contrary to normal rules for interpreting Federal tax statutes; Burnet v. Harmel; Anomalous results produced by incorporating state criminal law into Federal taxing statute; Common law definition of “theft” established; Questions of facts as to allowance and amount of deduction; Trial. Signed by Judge Allegra.

Claim Construction; "Virtual Reality Immersion Therapy" Method Patent Signed by Judge Firestone.

Lack of Standing; Dismissal Without Prejudice; Award of Costs; 28 U.S.C. § 1919; Rule 54; Prevailing Party; Congressional Reference. Signed by Judge Williams.