USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

07-505C • MARVIN CHISOLM, v. THE UNITED STATES,

Filed 05/30/2008
Military pay; pro se litigant; ABCMR, 28 U.S.C. § 1552; RCFC 12(b)(1) & (6); statute of limitations, 28 U.S.C. § 2501; claim preclusion; issue preclusion; hypothetical jurisdiction; Little Tucker Act,28 U.S.C. § 1346(a)(2); Restatement (2d) of Judgments § 28(3); accrual of claims for failure to promote; alternative grounds as dictum; tolling under 50 U.S.C. app. § 526(a); whistleblower, 10 U.S.C. § 1034 Signed by Judge Wolski.

05-776C • AG-INNOVATIONS, INC., LARRY FAILLACE, LINDA FAILLACE, HOUGHTON FREEMAN, ... v. THE UNITED STATES,

Filed 05/30/2008
Discovery; Motion for Protective Order; Motion to Compel; RCFC 26(b); RCFC 26(c); RCFC 30(b)(6); Designated Deposition Testimony; Required Showing for "Good Cause"; Certification of Good Faith Conferment; RCFC 37(a)(4) Signed by Judge Sweeney.

07-631C • BEARINGPOINT, INC., v. THE UNITED STATES,

Filed 05/28/2008
Multiple Award Schedule Contract; Unauthorized Default Termination of Task Order; Procedural Error; Existence of Harm or Prejudice to Contractor; Availability of Summary Judgment Signed by Judge Wheeler.

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

Filed 05/27/2008
RCFC 12(b)(1); Tribal Priority Allocations;Indian Health Service; Money-Mandating Network; Mitchell Line of Cases; Breach of Fiduciary Duty; Limited Trust; Common- Law Trust; Appropriations Signed by Judge Sweeney.

04-1757C • PARK PROPERTIES ASSOCIATES, L.P., et al, v. THE UNITED STATES,

Filed 05/23/2008
Cross-motions for partial summary judgment; Section 8 housing program;Impact on calculation of damages of the overall limitation provision in HAP contracts; Doctrine of prevention; St. Louis Dressed Beef and David J. Joseph Co. applied; Overall limitation provision did not survive the repudiation of the HAP contracts; Alpine Ridge explained; Statesman II distinguished; Overall limitation not considered in calculation of damages Signed by Judge Allegra.

04-635C • METRIC CONSTRUCTION CO., INC., v. UNITED STATES,

Filed 05/21/2008
Post-trial decision in suit for equitable adjustments and damages respecting military construction contracts; changed conditions; waiver and release; defective specifications; constructive changes to contract Signed by Judge Lettow.

06-28T • RADIOSHACK CORPORATION, v. THE UNITED STATES,

Filed 05/21/2008
Telecommunications Excise Tax;Statute of Limitations; 26 U.S.C. § 6511(a); 26 U.S.C. §7422; Statutory Interpretation Signed by Judge Williams.

06-31T and 06-36T consolidated • RUSSIAN RECOVERY FUND LIMITED, RUSSIAN RECOVERY ADVISORS, L.L.C., Tax Matters Partner, v. THE UNITED STATES,

Filed 05/19/2008
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § § 6221-6233; Affected Item; Individual Partner's Amount At-Risk;Final Partnership Administrative Adjustment Signed by Judge Bruggink.

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

Filed 05/19/2008
Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Interpretation of DOE's Standard Contract; Recovery of Mitigation Damages for DOE's Partial Breach of Contract Signed by Judge Wheeler.

06-799T • ROBERTO and MARIA L. GAGLIARDI, v. THE UNITED STATES,

Filed 05/16/2008
Tax; refund of penalty for underpayment due to fraud, 26 U.S.C. ("I.R.C.") § 6663(a)(2000); burden of proof; clear and convincing evidence Signed by Judge Miller, C..

07-854C • FRANCES L. GREENHILL, v. THE UNITED STATES,

Filed 05/16/2008
Motion to Dismiss; RCFC 12(b)(6); Alleged Breach of Settlement Agreement Resolving Discrimination Claim; Subject-Matter Jurisdiction; RCFC 12(b)(1);"Contracts" under the Tucker Act Generally Not Required to Contain Money-Mandating Language Signed by Judge Miller, G..

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