USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-680C • KERRY R. HAMILTON 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.

05-410C • MARIO R. LOPEZ-VELAZQUEZ v. THE UNITED STATES

Filed 12/31/2008
Motion to Remand to the Air Force Board for Correction of Military Records for an Evidentiary Hearing; Motion to Dismiss;Cross-Motions for Judgment on the Administrative Record; Air Force Discharge Review Board; Ineffective Assistance of Counsel; Separation in Lieu of Court-Martial; Voluntariness Signed by Judge Sweeney.

08-304C • INFORMATION SCIENCES CORP., v. THE UNITED STATES

Filed 12/30/2008
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320;Administrative Procedure Act,5 U.S.C. § § 701(a)(2),706; Federal Acquisition Regulation 1.102(b),(b)(3), 1.108(f), 1.102-2(c)(1),2.101, 15.101, 15.308, 35.006(c),216.104; Motion to Dismiss, RCFC 12(b)(1),12(b)(6);Tucker Act, 28 U.S.C. § 1491(a);19 C.F.R. § 113.13(b) Signed by Judge Braden.

08-27C • WILLIAM HYDE v. THE UNITED STATES

Filed 12/24/2008
Pro Se Plaintiff; Patent Infringement and Fifth Amendment Taking Claims;Statute of Limitations; Subject Matter Jurisdiction; Failure to Show Basis for Tolling Limitations Period; Denial of Pending Motions Signed by Judge Wheeler.

06-312C • MULTISERVICE JOINT VENTURE, LLC, v. THE UNITED STATES

Filed 12/23/2008
Spoliation of Evidence During Deposition; Sanctions; RCFC 37;28 U.S.C. § 1927; Inherent Power to Regulate Attorney Conduct;Witness Barred From Testifying at Trial; Counsel of Record Responsible for Attorneys' Fees and Costs Signed by Judge Wheeler.

07-318C • HILDA M. GRIFFIN, v. THE UNITED STATES

Filed 12/23/2008
Motion to dismiss for lack of jurisdiction; 28 U.S.C. § 1500; "Simultaneously" filed claims arising under 28 U.S.C. § 1631; County of Cook applied and analyzed; Motion to dismiss granted. Signed by Judge Allegra.

06-748C • MARJORIE MURTAGH COOKE v. THE UNITED STATES

Filed 12/22/2008
Gender Discrimination Claim; National Transportation Safety Board, Office of Surface Transportation Safety; Equal Pay Act, 29 U.S.C. § 206(d); Comparison of GS and SES Positions; Willful Violation;Damages Signed by Judge Wheeler.

08-408C • VEDA PRYOR, pro se, v. THE UNITED STATES

Filed 12/22/2008
Contracts; RCFC 12(b)(1)motion to dismiss for lack of subject matter jurisdiction; claim for breach of contract; claim for declaratory relief; RCFC 56(c)motion for summary judgment;breach of settlement agreement,pro se plaintiff Signed by Judge Miller, C..

95-650L • ALFRED ALOISI, et al., v. UNITED STATES OF AMERICA

Filed 12/19/2008
Temporary taking; mining permit; * ripeness; extraordinary delay; bad faith. Signed by Judge Margolis.

99-550L into which has been consolidated No. 00-169 L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES OF AMERICA

Filed 12/19/2008
RCFC 24(a); RCFC 24(b); Intervention of Right; Permissive Intervention; 28 U.S.C. § 1505 Signed by Judge Hewitt.

08-18C • ANYA GAYLE, on behalf of herself and all others similarly situated, v. UNITED STATES

Filed 12/17/2008
Suit under the Fair Labor Standards Act, 29 U.S.C. § § 201-219; requests for conditional certification of a nationwide collective action and authorization for notice Signed by Judge Lettow.

97-733C • A. DEAN OSWALT and REINIE OSWALT, husband and wife, et al., v. THE UNITED STATES

Filed 12/17/2008
Summary Judgment, Irrigation Rights, Condition Precedent,Breach of Contract, Expectation Damages, Causation Standard Signed by Judge Futey.

06-539C • FRANK GAYLORD v. THE UNITED STATES

Filed 12/16/2008
Suit for Copyright Infringement; Korean War Veterans Memorial; Postal Service Commemorative Stamp; Ownership of Copyright; Fair Use Doctrine, 17 U.S.C. § 107; Architectural Works Copyright Protection Act Signed by Judge Wheeler.

08-291C • JAMES E. POOLE, v. THE UNITED STATES,

Filed 12/15/2008
National Guard and Army Personnel Rules for Retirement Grade; Army Reg. 135-155; National Guard Reg.600-100, Commissioned Officers Federal Recognition and Related Personnel Actions Signed by Judge Firestone.

08-660C • WACKENHUT SERVICES, INC., v. THE UNITED STATES, & COASTAL INTERNATIONAL SECURITY, Defendant-Intervenor

Filed 12/15/2008
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 § § 12(a)(b)110 Stat. 3870 (1996), codified at 28 U.S.C. § 1491(b);Administrative Procedure Act,5 U.S.C. § 706;Competition on Contracting Act,31 U.S.C. § 3551(2)(A);Doctrine of Laches;Federal Acquisition Regulation 15.101,15.3, 15.303(a)(b), 15.305(a)(2), 15.306(d)(2), 15.306(e)(1)-(5), 15.308,15.304(c)(3)(i), NFS 1815.3,11852.216-83; Fed. R. Ev. 702;Intervenor, RCFC 24(a);Judgment on the Administrative Record,RCFC 52.1;Post-Award Bid Protest;Standing;RCFC 7(b)(1) Signed by Judge Braden.

08-431L • EARLEEN FAUVERGUE et al., v. THE UNITED STATES,

Filed 12/11/2008
Takings; Rails to Trails Act, 16 U.S.C. § § 1241-1251 (2000);statute of imitations, 25 U.S.C. § 2501 (2000); motion to amend class-action complaint; RCFC 15(a),(c) (C); relation back of class-action complaint Signed by Judge Miller, C..

05-1002V • MELISSA CLOER, M.D., v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 12/10/2008
Vaccine Act; Vaccine Injury; Statute of Limitations; Markovich; Symptom versus Manifestation; Diagnosis;Constitutional Challenge to Statute of Limitations Signed by Judge Block.

07-324C • TODD CONSTRUCTION, L.P., f/k/a, TODD CONSTRUCTION CO., INC., v. THE UNITED STATES,

Filed 12/09/2008
Court of Federal Claims Rules 12(b)(1), 12(b)(6); Contract Disputes Act of 1978 ("CDA"), Definition of "Claim" as Used in CDA; Jurisdiction Over Contracting Officer Decision on Contractor's Challenge to Performance Evaluation; Authority to Grant Declaratory and Injunctive Relief in Resolving Nonmonetary Dispute Signed by Judge Miller, G..

04-1366C • SPECTRUM SCIENCES and SOFTWARE, INC., v. THE UNITED STATES

Filed 12/08/2008
Government contract case; Trial;Cooperative Research and Development Agreement(CRADA); Munitions assembly conveyor;Stevenson-Wydler Technology Innovation Act and Federal Technology Transfer Act; Construction of contract - scope of protected "proprietary information;" Inappropriate reliance upon website in attempting to demonstrate that information was generally available; CRADA repeatedly breached when proprietary information was released to unauthorized recipients; CRADA limitation on damages; Reverse-engineering - failure to plead affirmative defense under RCFC 8(c) Signed by Judge Allegra.

06-589C • HALLWOOD PLAZA, INC., v. THE UNITED STATES,

Filed 12/05/2008
Contracts; motion for summary judgment; construction of lease; mistake of fact in bid; unilateral mistake; disputed issues of fact;speaking order to facilitate parties' evaluation of case Signed by Judge Miller, C..

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