USCFC General Jurisdiction-Reported

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07-589C • JEFFREY B. KING, SCOTT A. AUSTIN, KEVIN J. HARRIS, AND JOHN J. HAYS, v. THE UNITED STATES,

Filed 05/15/2008
Motion to Dismiss; RCFC 12(b)(1); 28 U.S.C. § 540C; FBI Police; Back Pay Act of 1996; 5 U.S.C. § 5596(b)(1); Civil Service Reform Act (CSRA) Signed by Judge Hewitt.

08-283C • EOD TECHNOLOGY, INC. v. UNITED STATES, and AMERICAN K-9, INC. Intervening Defendant

Filed 05/15/2008
Override determination by the Army of stay arising with post-award bid protest; 31 U.S.C. § 3553(d)(3)(c);canine working dog services to Army Special Forces units operating in Afghanistan; factors affecting preliminary injunction; interests of national defense and national security;28 U.S.C. § 1491(b)(3) Signed by Judge Lettow.

08-318C • R. WAYNE JOHNSON, v. THE UNITED STATES,

Filed 05/14/2008
In Forma Pauperis Filing Requirements, 28 U.S.C. § 1915(a); In Forma Pauperis "Three Strikes" Rule, 28 U.S.C. § 1915(g); Constitutionality of Filing Fee Requirement; Demand for Garnishment Suit to Obtain Payment of Filing Fee; Recusal; Sua Sponte Dismissal for Failure to Pay Filing Fee Signed by Judge Miller, G..

08-151C • ALLIED MATERIALS & EQUIPMENT CO., INC., v. THE UNITED STATES, and ILC DOVER, LP, Defendant-Intervenor

Filed 05/13/2008
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Failure to Issue Solicitation Amendment to All Parties; 48 C.F.R. § 15.206(b); No Waiver;No Showing of Prejudice Under Test of Whether Protestor "had a chance of receiving the contract award that is more than merely speculative" Signed by Judge Hewitt.

07-14L • THE RICHARD A. FORSGREN REVOCABLE LIVING FAMILY PRESERVATION TRUST: CLAYTA FORSGREN, ... v. THE UNITED STATES,

Filed 05/12/2008
RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; John R. Sand & Gravel Co.; Fifth Amendment Taking; Continuing Claims Doctrine; Stabilization; Remediation; Fisher; Moden; Jan's Helicopter Service, Inc. Signed by Judge Sweeney.

05-677C • TAMERLANE, LIMITED, PARK TERRACE, LIMITED, PARK TERRACE EAST, LIMITED, and MULLICA WEST... v. THE UNITED STATES,

Filed 05/08/2008
Contracts; breach of contract;anticipatory repudiation;bilateral modification; accord and satisfaction; Franconia Assocs. v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413 (codified as amended at 42 U.S.C. § § 1485, 1490a (2000)); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988)("ELIHPA"); Housing and Community Development Act of 1992, Pub. L. No. 102-550, 106 Stat. 3672 (codified in relevant part at 42 U.S.C. § 1472(c)(2000)); RCFC 56 cross-motions for partial summary judgment Signed by Judge Miller, C..

04-93C • JAMES R. VANDERPOOL, THOMAS L. CAVEN, MICHELLE L. ROOT,RICHARD L. ROBERTS, THOMAS... v. UNITED STATES,

Filed 05/06/2008
Partial Motion to Dismiss;Jurisdiction; Availability Pay Claims;Law Enforcement Availability Pay Act of 1994, 5 U.S.C. § 5545a; Federal Aviation Administration Personnel Management System, 49 U.S.C. § 40122(g) Signed by Judge Horn.

02-796C • INFORMATION SYSTEMS & NETWORKS, CORP., v. THE UNITED STATES,

Filed 05/06/2008
Motion for summary judgment; Contract claim - Contract Disputes Act; Constructive change doctrine; Limitations of the doctrine - Len Co. Assocs.; Failure to create genuine issue of material fact as to whether additional, uncompensated work was ordered by an official with the authority to do so; Covenant of good faith and fair dealing; Failure to create genuine issue of material fact as to whether termination of contract and other conduct was animated by bad faith; Defendant's motion granted Signed by Judge Allegra.

98-720C • PRECISION PINE & TIMBER, INC., v. THE UNITED STATES,

Filed 05/02/2008
Timber Sale Contracts; Motion for Reconsideration of Interlocutory Order Directing Plaintiff to Recalculate Its Damages in Light of Court's Findings After Trial; Plaintiff's Damages Model; Plaintiff's Use of New Input Values Based on Court's Findings; Declaration of Defendant's New Expert Witness, Proffered in Response to Plaintiff's Revised Damages Calculations and in Support of Defendant's Contentions Relating to Causation and Alleged Failure to Mitigate; Lack of Basis for Court's Consideration of Declaration for Such Purposes After Trial; Profits Earned on Breached Contracts in Post-Breach Period Discounted to Present Value in Plaintiff's Revised Damages Calculations But Not Subject of Proof at Trial; Plaintiff's Damages Reduced to Eliminate Effect of Discounting, Which Defendant Had No Opportunity to Contest at Trial Signed by Judge Miller, G..

08-261C • WATTS-HEALY TIBBITTS A JV v. THE UNITED STATES, and IBC/TOA CORPORATION, Defendant-Intervenor

Filed 05/02/2008
DFARS 252.236-7010; "American Preference Policy;" Pub. L. No. 98-396; 98 Stat. 1369,1398 (1984); Post-Award Bid Protest; Temporary Restraining Order; Preliminary and Permanent Injunction; Arbitrary and Capricious Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984);10 U.S.C. § 2851(a) Signed by Judge Smith.

08-249C • THE CNA CORPORATION, v. UNITED STATES,

Filed 04/30/2008
Pre-Award Bid Protest; Post-Employment Restrictions, 18 U.S.C. § 207; Standing; Ripeness Signed by Judge Horn.

06-496C • ANN M. CHILDERS, M.D., v. UNITED STATES,

Filed 04/30/2008
Motion for Judgment Upon the Administrative Record; Air Force Board for the Correction of Military Records; Medical Examination Board (MEB) Signed by Judge Horn.

05-269C • HARPER/NIELSEN-DILLINGHAM, BUILDERS, INC., v. THE UNITED STATES,

Filed 04/29/2008
Summary Judgment; Severin Doctrine; "no damages for delay" Clause; California Public Contract Code § 7102; California Government Code § 4401 Signed by Judge Firestone.

07-374C • AMERICAN CONTRACTORS INDEMNITY COMPANY, v. THE UNITED STATES,

Filed 04/29/2008
RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Twombly; Matters Outside the Pleadings; Conversion of RCFC 12(b)(6) Motion;Denial of Liability; Surety Bond; 13 C.F.R. § 115.19 Signed by Judge Sweeney.

05-956T - 971T & 06-285T • DAVID S. and MALIA A. LITMAN, et al., v. THE UNITED STATES,

Filed 04/29/2008
Tax; imposition of penalties for substantial understatement and negligence in reporting of federal tax on transfer of restricted stock; 26 U.S.C. ("I.R.C.") § 6662(b), (c), (d)(2000); I.R.C. § 6664(c)(1)(2000); Treas. Reg. § 1.6664-4(b)-(c)(2006) Signed by Judge Miller, C..

07-12L • ROBERT INGRUM, v. THE UNITED STATES,

Filed 04/28/2008
Fifth Amendment Taking; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Duty to Inquire Signed by Judge Williams.

05-1189T • THOMAS H. McGANN, and EVELYN G. McGANN, v. UNITED STATES,

Filed 04/25/2008
Tax refund claim related to enhanced interest assessed under former I.R.C. § 6621(c) previously applicable to "tax motivated transactions" Signed by Judge Lettow.

06-781T • BASIL N. STEPHANATOS, v. THE UNITED STATES OF AMERICA,

Filed 04/21/2008
Motion to Dismiss; RCFC 12(b)(1);RCFC 12(b)(6); Tucker Act; 28 U.S.C. § 1491; Not-for-Profit Activities; I.R.C. § 183(c); I.R.C. § 6512(a); Tax Court Jurisdiction; Refund Claim;Deficiency Notice; Res Judicata; Tort Damages; First, Fourth, Fifth, Fourteenth Amendments; Declaratory and Injunctive Relief Signed by Judge Baskir.

03-1613 C • BELL BCI COMPANY, v. THE UNITED STATES,

Filed 04/21/2008
Building Construction; Cumulative Impact/Labor Inefficiency Claim; Effect of Multiple Changes on Unchanged Work; CPM Schedule Analysis; Delay Damages; Accord and Satisfaction; Liquidated Damages Signed by Judge Wheeler.

93-648X • LAND GRANTORS IN HENDERSON,UNION, and WEBSTER COUNTIES,KENTUCKY and THEIR HEIRS, v. THE UNITED STATES,

Filed 04/18/2008
Class Action;Congressional Reference, 28 U.S.C. § 2509;Estimated Damages;Interest On Claims Against Government,28 U.S.C. § 2516(a);"Lost Use" Value; Mutual Mistake;RESTATEMENT (SECOND)OF CONTRACTS § § 152,154(a),(c), 158(1),352(a),384; RESTATEMENT(FIRST)OF RESTITUTION § § 1,157(1)(a); Restitution; Unjust Enrichment Signed by Judge Braden.

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