USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-458V • DANIEL T. BETANCOURT, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 04/16/2008
Motion to Dismiss or to Strike; Untimeliness of Motion for Review; National Childhood Vaccine Injury Act of 1986,codified as amended at 42 U.S.C. § § 300aa-1 to 300aa-34(2000 & Supp. IV 2004)("Vaccine Act"); RCFC, App. B,Vaccine Rule 23 Signed by Judge Miller, G..

02-60T • RONALD C. & MARY G. PRATI, v. THE UNITED STATES OF AMERICA,

Filed 04/16/2008
Statutory Interpretation; 26 U.S.C. § § 6221, 6229, 6231,6404, 7422; Jurisdiction; TEFRA; Untimely Assessment; Tax-Motivated Transaction; Abatement Signed by Judge Block.

06-87L • SCHOONER HARBOR VENTURES, INC., v. UNITED STATES

Filed 04/15/2008
Motion for Summary Judgment; Fifth Amendment Taking; Compensable Property Interest Signed by Judge Horn.

07-248C • MELISSA ADDE, v. THE UNITED STATES

Filed 04/15/2008
Civilian Pay; Post Allowance for Overseas Work Station, 5 U.S.C. § 5924(1)(2000); the Back Pay Act, 5 U.S.C. § 5596(2000); No Equitable Relief from 28 U.S.C. § 2501 (2000 & Supp. V 2005); Department of State Standardized Regulations (DOSSR) § 220; Continuing Claim Doctrine; Plaintiff's Burden to Establish Subject Matter Jurisdiction Signed by Judge Bush.

08-21C • SAVANTAGE FINANCIAL SERVICES, INC. v. THE UNITED STATES

Filed 04/15/2008
Motion for Judgment on the Administrative Record; RCFC 52.1; Jurisdiction; 41 USC § 253(a); Standing;Procurement; Sole Source Procurement;Brand Name Justification; Supplementation of the Administrative Record Signed by Judge Futey.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES INC., v. THE UNITED STATES,

Filed 04/14/2008
Doctrine of Double Patenting;Doctrine of Obviousness-Type Double Patenting; Invention Secrecy Act, 35 U.S.C. § § 181-88; Jurisdiction; Patent Act, 35 U.S.C. § § 102(f), (g),103 112, 154(b); Secrecy Order; Standing; 37 C.F.R. § § 1.78(b), 1.83, 5.1; RCFC 12(b)(1) Signed by Judge Braden.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES INC., v. THE UNITED STATES,

Filed 04/14/2008
Anticipation, 35 U.S.C. § 102(a), (b); Best Mode; Definiteness, 35 U.S.C. § 112 ¶ 2; Disclosure, 35 U.S.C. § 112 ¶ 1; Enablement; "First Sale" Doctrine; Implied License;Inequitable Conduct;Jurisdiction;Obviousness;Ordinary Skill In The Art; Patent Act, 35 U.S.C. § § 102(a),(b),112, 282; Patent Infringement Defenses;Prior Art;Prosecution Laches;Secondary Considerations;Teaching Away;Validity, 35 U.S.C. § 282 Signed by Judge Braden.

07-367C • ARTHUR H. KRUPNICK, v. THE UNITED STATES,

Filed 04/09/2008
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Motion for Summary Judgment; RCFC 56; Authority of Special Agent and/or Supervisory Special Agent to Approve Award to IRS Informant Signed by Judge Hewitt.

06-383T • HARRY G. SCHORTMANN, JR., and JACQUELINE SCHORTMANN, v. THE UNITED STATES,

Filed 04/09/2008
Contract action; Motion for summary judgment; Interest deriving from an overassessment based on an IRS Form 870-AD; Sovereign immunity; Library of Congress v. Shaw; 26 U.S.C. § 6611; Construction of agreement; 26 U.S.C. § 1341 - claim of right; 26 U.S.C. § 1311 - mitigation; Form 870-AD either ambiguous or missing an essential term; Extrinsic evidence permitted; Material questions of fact preclude granting summary judgment Signed by Judge Allegra.

07-582C Consolidated Lead Case • INFRASTRUCTURE DEFENSE TECHNOLOGIES, LLC, v. THE UNITED STATES,

Filed 04/07/2008
Pre-award bid protest; subject matter jurisdiction; standing; prejudice; waiver; bridge contract; sole source supply contract; crossmotions for judgment on the administrative record; motion to dismiss; one responsible source exception to the Competition in Contracting Act; standard of review; national defense and security Signed by Judge Merow.

07-668C • RODNEY L. WRIGHT, pro se, v. THE UNITED STATES,

Filed 04/07/2008
Military pay; RCFC 12(b)(1), motion to dismiss for lack of subject matter jurisdiction;constructive service doctrine;voluntary separation from service; Rule 12(b)(6), motion to dismiss for failure to state a claim Signed by Judge Miller, C..

04-1365C • CHEVRON U.S.A., INC., v. THE UNITED STATES,

Filed 04/04/2008
Motion For Reconsideration;Notice of Appeal; RCFC 59 Signed by Judge Braden.

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

Filed 04/03/2008
Pleading and practice; RCFC 59 motion to amend judgment;contracts; breach of contract;anticipatory repudiation Signed by Judge Miller, C..

00-428C • INTERNATIONAL AIR RESPONSE, v. THE UNITED STATES,

Filed 04/02/2008
Practice and procedure; motion for reconsideration, RCFC 59(a)(1); Equal Access to Justice Act, 28 U.S.C. § 2412 (2000); substantial justification; whether Government's position that return of planes was required by Espionage Act, 18 U.S.C. § 793 (2000), was substantially justified Signed by Judge Miller, C..

08-39C • CHAPMAN LAW FIRM CO., v. THE UNITED STATES,

Filed 04/02/2008
Bid Protest; Contract Modification;Competition in Contracting Act Requirement for Full and Open Competition; 41 U.S.C. § 253(a)(1)(A); Cardinal Change Doctrine Signed by Judge Wheeler.

05-1252C • THE TRAVELERS INDEMNITY COMPANY, SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, v. UNITED STATES,

Filed 04/02/2008
Satisfaction of judgment through payment received by way of a collateral proceeding; relief from judgment; RCFC 60(b)(5) Signed by Judge Lettow.

07-654C • PAULA R. MOOREHEAD v. THE UNITED STATES

Filed 04/01/2008

Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1500; Equal Pay Act, 29 U.S.C. § 206(d); Title VII, Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1); Pendency of Claims Filed Simultaneously by Virtue of 28 U.S.C. § 1631; Claims Arising from Same Operative Facts; Claims Seeking Same Relief.

Signed by Judge Miller, G..

05-748T & 07-520T • STOBIE CREEK INVESTMENTS, LLC & JFW ENTERPRISES, INC., v. THE UNITED STATES,

Filed 04/01/2008
Pleading and practice; Fed. R. Evid. 702, 704; motion in limine to exclude expert testimony on legal issues Signed by Judge Miller, C..

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

Filed 03/31/2008
Motion to Disqualify Counsel;RCFC 83.2(c)(2); ABA Model Rules of Professional Conduct Rule 1.9(a); Whether State Cases Interpreting State Rules of Professional Conduct Bind the U.S. Court of Federal Claims; Whether the Sovereign Osage Nation Enjoys Continuing Identity Under "An Act for the Division of Lands and Funds of the Osage Indians in Oklahoma Territory, and for Other Purposes" and "An Act to Reaffirm the Inherent Sovereign Rights of the Osage Tribe to Determine Its Membership and Form of Government" Signed by Judge Hewitt.

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