USCFC General Jurisdiction-Reported

Contract Dispute; RCFC 12(b)(6); Elements of a Differing Site Conditions Claim; “Act of God” Weather Conditions. Signed by Judge Bush.

Vaccine Act; application of statutory cap on pain, suffering and emotional distress in death case; 42 U.S.C. § 300aa-15(a)(4); Youngblood v. Sec’y of HHS, 32 F.3d 552 (Fed. Cir. 1994). Signed by Judge Merow.

Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Rule of Two; Fair Proportion Analysis; Workforce Investment Act Signed by Judge Bruggink.

Medicare equipment supplier; settlement agreement; warranty; covenant of good faith and fair dealing; motion to dismiss. Signed by Judge Bruggink.

Motion to Dismiss; LOGCAP III; Cost Plus Award Fee; Burnside-Ott Aviation Training Ctr. v. Dalton, 107 F.3d 854 (Fed. Cir. 1997); Implied Duty of Good Faith and Fair Dealing; Contracting Officer’s Independent Judgment; FAR 16.401; AFARS 5116.405-2(b)(2)(C); Arbitrary and Capricious Award Fee Determination; Availability of Damages. Signed by Judge Miller, G..

National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP Vaccine; Acute Encephalopathy; Seizures; 42 C.F.R. § 100.3(b)(2)(i)(E). Signed by Judge Miller, G..

Pro Se; Motion to Dismiss; RCFC 12(b)(1); Transfer for Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1631 Signed by Judge Hewitt.

Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Technical Evaluation; Best Value Trade-Off Analysis; Bid Preparation and Proposal Costs. Signed by Judge Horn.

Claim construction; Markamn hear; Plaintiff, plain and ordinary meaning. Signed by Judge Bruggink.

Reconsideration; Low-Income Housing; Preservations Statutes; ELIHPA; LIHPRHA; Summary Judgment; Affordability Restrictions; Prepayment; Futility; Ripeness Signed by Judge Damich.

Pre-award bid protest; series of incremental corrective actions; cumulative effect of actions; mootness Signed by Judge Lettow.

Fifth Amendment Taking; Motion to Dismiss; Rule 12(b)(1); Standing; Jurisdiction; Declaration of Protective Covenants; Beneficial Title; Equitable Conversion; Sufficiency of Property Description; Ability of Members of Homeowners’ Association to Maintain Takings Suit. Signed by Judge Williams.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; whether waiver rule under Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007), applies to non-bidder or offeror; protest bar on task orders pursuant to the Federal Acquisition Streamlining Act, 10 U.S.C. § 2034c(e) (Supp. V 2011). Signed by Judge Miller, C..

Vaccine Act; Motion for Review of Special Master’s Decision; DTaP Vaccination; Infantile Spasms; Lack of Evidence of Causation; Althen Test. Signed by Judge Wheeler.

“Rails-to-Trails” case; New York law; third-party beneficiary; covenant not to sue agreement; scope of takings claim under the Trails Act; voluntary waiver of Fifth Amendment claims; Nollan/Dolan takings analysis and voluntary agreement Signed by Judge Firestone.

Rails-to-trails class action; approval of settlement and attorney?s fees. Signed by Judge Margolis.

Breach of Contract Claim; Rule 12(b)(6) Motion to Dismiss; GSA Option Agreement to Purchase Real Property; Whether Option Was Ever Exercised. Signed by Judge Wheeler.

Pre-award bid protest; disparate intra-agency decisions regarding the unconditional nature of a service-disabled veteran’s ownership of a small business; evidence of “ownership” within the meaning of 38 C.F.R. § 74.3; prejudice; remedy Signed by Judge Lettow.

Dismissal of Complaint for Lack of Jurisdiction Because Plaintiff Is Without the Rights Plaintiff Claims in the Proceeds of a Government Contract Signed by Judge Hewitt.

CRADA and Licensing Agreement; Breach of the Implied Covenant of Good Faith and Fair Dealing; “Reasonableness” Standard; Prior Material Breach; Reliance Damages; Restatement (Second) of Contracts § 349 Signed by Judge Firestone.