USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-420V • KELLY BOLEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/03/2009
National Vaccine Injury Compensation Program; Review of Special Master's Decision on Remand; Hepatitis B Vaccine; Failure to Show that Vaccine Injuries Persisted for at Least Six Months Signed by Judge Wheeler.

02-1627V • CHRISTOPHER SABELLA v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/02/2009
Motion for Review; National Vaccine Injury Compensation Program; 42 U.S.C. § 300aa-12(e)(2); Reasonable Attorneys'Fees; 42 U.S.C. § 300aa-15(e)(1) Signed by Judge Hewitt.

07-659C • FFTF RESTORATION COMPANY, LLC., v. THE UNITED STATES

Filed 03/02/2009
Cancellation of Negotiated Procurement;Breach of Implied Contract of Fair Dealing; 28 U.S.C. § 1491(b);Reviewability of Alleged Violations of FAR 1.102(b)(3),FAR 1.102-2(c), and FAR 19.502-2(b) Signed by Judge Firestone.

08-373C • ENERGY SECURITY OF AMERICA CORP. and ALBERT CALDERON v. THE UNITED STATES

Filed 02/27/2009
Takings; Patents; Statute of Limitations; Accrual Suspension Signed by Judge Bruggink.

06-741T • STRATEGIC HOUSING FINANCE CORPORATION OF TRAVIS COUNTY v. THE UNITED STATES

Filed 02/27/2009
Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Takings Claim; Illegal Exaction Claim; Arbitrage Bonds; Rebate of Arbitrage Profits;26 U.S.C. § 148(f); 26 U.S.C. § 7422(a); Clintwood Elkhorn Mining Co.; Pennoni I; Pennoni II; In re Air Transportation Excise Tax Litigation Signed by Judge Sweeney.

07-693L and 07-675L • DOROTHY L. BIERY, et al., and JERRAMY and ERIN PANKRATZ, et al., v. THE UNITED STATES

Filed 02/27/2009
Fifth Amendement Takings; Rails-to-Trails; National Trails System Act, 16 U.S.C. § 1247(d); Certification of Questions of State Law; Kanses State Law; Concurrent jurisidiction with federal district courts Signed by Judge Firestone.

05-708C • SCOTT TIMBER, INC., v. UNITED STATES

Filed 02/27/2009
Post-trial decision on liability in a timber-sale case; claims made under the Contract Disputes Act, 41 U.S.C. § § 601-613; contractual covenant of good faith and fair dealing; reasonableness of suspensions of performance under a contractual provision Signed by Judge Lettow.

08-548T • KAZADI BIG MUSUNGAYI v. THE UNITED STATES

Filed 02/27/2009
Tax Refund Suit; RCFC 12(b)(1); 26 U.S.C. § § 6511, 6513, 7422; Taxes Withheld by Employer; Earned Income Credit; Suspension of Limitation Periods Signed by Judge Sweeney.

06-861T • LAWRENCE D. PENNONI v. THE UNITED STATES

Filed 02/26/2009
26 U.S.C. § 7422; Illegal Exaction;Informal Refund Claim; Formal Refund Claim; Subject Matter Jurisdiction Signed by Judge Firestone.

01-570C, 01-627C, 04-501C • BLUE LAKE FOREST PRODUCTS, INC., et al. v. THE UNITED STATES

Filed 02/26/2009
Summary Judgment; Breach Of Contract; Contract Interpretation;Limitation of Liability Clause;Implied Duty To Cooperate And Not Hinder Signed by Judge Williams.

08-298C • JOHN J. SIEMIETKOWSKI v. THE UNITED STATES

Filed 02/25/2009
Judgment on the Administrative Record;Separation Pay; 10 U.S.C § 1174; Army Reg. 600-8-29; Department of Defense Directive 1320.8; Disparate Treatment - Rational Basis Review Signed by Judge Firestone.

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

Filed 02/24/2009
Takings; Rails to Trails Act, 16 U.S.C. § § 1241-1251(2000);statute of limitations, 28 U.S.C. § 2501 (2000); motion to certify class action under; RCFC 23; RCFC 54(b) entry of judgment upon finding of no just reason for delay Signed by Judge Miller, C..

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

Filed 02/24/2009
Congressional reference; review of hearing officer's report; legal and equitable relief; hearsay; mutual mistake; laches; gratuity Signed by Judge Lettow.

08-853C • SP SYSTEMS, INC., Plaintiff, and DB CONSULTING GROUP, INC., Plaintiff-Intervenor, v. THE UNITED STATES

Filed 02/24/2009
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Review of Agency Decision Based Upon GAO Recommendation; Past Performance Evaluation Signed by Judge Miller, G..

08-337L • RICHARD P. COOK, et al. and COPAR PUMICE COMPANY v. THE UNITED STATES

Filed 02/23/2009
Unpatented Mining Claims; Settlement Agreement Signed by Judge Bruggink.

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES

Filed 02/23/2009
Motion for reconsideration - RCFC 59;Piercing the corporate veil; Responsive pleadings - judicial admission; Motion denied Signed by Judge Allegra.

05-1223T • CLEARMEADOW INVESTMENTS, LLC, CLEARMEADOW CAPITAL CORP., TAX MATTERS PARTNER v. THE UNITED STATES

Filed 02/23/2009
RCFC 5.2; Redaction of personal identifying information; Fed. Rule Civ. P. 5.2 -Advisory Committee Notes; Effective date of new rule - RCFC 86; Document revealing identifying information to be stricken and refiled Signed by Judge Allegra.

07-525C • SHANNON M. GARNER, ET AL., v. THE UNITED STATES

Filed 02/20/2009
Motion for Judgment on the Pleadings Pursuant to RCFC 12(c);Facts Indistinguishable from Facts in Adams II; No Change In Applicable Substantive Law Since Adams II Signed by Judge Hewitt.

06-472C • TDM AMERICA, LLC, v. THE UNITED STATES,Defendant, and DONJON MARINE COMPANY, INC., Third-Party Defendant

Filed 02/20/2009
Patent Infringement Case; Markman Claim Construction Proceedings;Patents Relating to Processing and Treatment of Contaminated Materials for Beneficial Reuse Signed by Judge Wheeler.

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