USCFC General Jurisdiction-Reported

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06-510C • EVANGELA FORBES v. UNITED STATES

Filed 10/16/2008
Claim for compensation of driving time under the Fair Labor Standards Act; 29 U.S.C. § § 201-219; effect of the Portal-to-Portal Act; 29 U.S.C. § 254(a); summary judgment; application of Adams and Bobo precedents Signed by Judge Lettow.

06-801C • IRIS CORPORATION BERHAD and WINSTON WILLIAMS, v. THE UNITED STATES & FULCRUM IT SERVICES COMPANY...

Filed 10/16/2008
Discovery; RCFC 26, 34; Requisite Specificity of Claim Construction Chart; Claim Limitation; Elements of Accused Device Signed by Judge Williams.

07-4C • LAUDES CORPORATION v. THE UNITED STATES

Filed 10/16/2008
Contracts Performed in Iraq; Coalition Provisional Authority; Lack of Appropriated Funds; Absence of Successor Agency; Authority to Transfer Contracts to Iraqi Interim Government; Sovereign Acts Doctrine Signed by Judge Wheeler.

04-83C & 04-84C • DOMINION RESOURCES, INC. and DOMINION NUCLEAR CONNECTICUT, INC., & DOMINION ... v. THE UNITED STATES

Filed 10/15/2008
Contracts; Spent Nuclear Fuel; Damages Signed by Judge Bruggink.

07-205C • JEFFREY B. MORGAN v. THE UNITED STATES

Filed 10/15/2008
Fair Labor Standards Act, 29 U.S.C. § § 201-219 (2000); Portal-to-Portal Act, 29 U.S.C. § § 251-262 (2000); compensation for time solely spent driving between home and work; statutory interpretation; deference to agency regulations; motion for judgment on the pleadings pursuant to RCFC 12(c); motion for summary judgment pursuant to RCFC 56; binding effect of controlling Federal Circuit precedent Signed by Judge Miller, G..

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

Filed 10/14/2008
Bid Protest; New Responsibility Determination; Lifting of the Preliminary Injunction; Arbitrary and Capricious Signed by Judge Smith.

08-680C • E-MANAGEMENT CONSULTANTS, INC., v. THE UNITED STATES, & CENTECH GROUP, INC., Defendant-Intervenor

Filed 10/14/2008
Post-Award Bid Protest; Motion for Injunctive and Declaratory Relief; Whether Agency Issued Override of Automatic Stay in Accordance With CICA; 31 U.S.C. § 3553(d)(3)(C) Signed by Judge Hewitt.

08-708C • ACCESS SYSTEMS, INC. v. THE UNITED STATES & AVINEON, INC., (Intervenor)

Filed 10/10/2008
Bid Protests; Agency Override Decision; General Accountability Office; "De Facto" Override Signed by Judge Bruggink.

05-1291L • YANKTON SIOUX TRIBE v. THE UNITED STATES OF AMERICA

Filed 10/10/2008
Indian Trust Claims; Motion to Dismiss; Subject Matter Jurisdiction;Application of 28 U.S.C. § 1500 Signed by Judge Block.

06-407 T into which have been consolidated Nos. 06-408T, 06-409T, 06-410T, 06-411T, 06-810T,06-811T • ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES 06-407 T

Filed 10/09/2008
Action for Readjustment of Partnership Items; I.R.C. § 6226; Motion to Dismiss Causes of Action for Lack of Jurisdiction: FPAA Invalid to Extent FPAA Purports to Adjust Nonpartnership Items on the Basis That Transfers Were Shams; Motion to Substitute Parties: Partner Who Filed Complaint and Others May Withdraw From Proceeding Upon Substitution of Successor Partner;Deposit by Withdrawing Partner Who Filed Complaint Shall Not Be Returned Signed by Judge Hewitt.

07-625T • KISLEV PARTNERS, L.P., by and through NESIM BAHAR, a Partner Other than the Tax Matters Partner v. THE UNITED STATES

Filed 10/09/2008
Motion for Reconsideration; Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2); Jurisdiction; Tax Equity and Fiscal Responsibility Act of 1982; Notice of Final Partnership Administrative Adjustment; 26 U.S.C. § 6226(e)(1);Statutory Interpretation; 1 U.S.C. § 1; Amount of Requisite Deposit Signed by Judge Williams.

08-470C • ALABAMA AIRCRAFT INDUSTRIES, INC. - BIRMINGHAM, v. UNITED STATES, & THE BOEING COMPANY, Intervening Defendant

Filed 10/07/2008
Post-award protest of a contract to perform maintenance services on the Air Force's KC-135 Stratotanker fleet; standing;change of name; organizational conflicts of interest; evaluation of past performance; price-realism analysis; factors governing equitable relief Signed by Judge Lettow.

03-2825C • M. MAROPAKIS CARPENTRY, INC., v. THE UNITED STATES OF AMERICA

Filed 10/03/2008
Jurisdictional prerequisites under Contract Disputes Act, 41 U.S.C. § 605(a)-(c); Certified claim and contracting officer's final decision;Government counterclaim; Liquidated damages for delayed contract performance; Defective specifications; Sequence of performance; Variance request;Delay for discovery of lead based paint Signed by Judge Baskir.

02-784C • CHARLES BICE, Executor of the Estate of MARTHA BICE, deceased v. THE UNITED STATES OF AMERICA

Filed 10/03/2008
Public Safety Officer Benefits Act(PSOBA), 42 U.S.C. § 3796;Consolidated Appropriations Act of 2008; Application for Attorney Fees;Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412; Multiple Applications for Attorney Fees; Res Judicata; Attorney Fees for Legal Work by Law Students Signed by Judge Baskir.

07-658T • FORD MOTOR COMPANY v. THE UNITED STATES

Filed 10/02/2008
RCFC 26; Discovery; Relevance;Burdensomeness; Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq.; Revenue Rulings Signed by Judge Williams.

04-1743T • WILLIAM H. SCHELL AND RUBY G. SCHELL v. THE UNITED STATES

Filed 09/30/2008
Jurisdiction; Standing; Substantial Variance Doctrine; Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. § § 6221-33; Tucker Act, 28 U.S.C. § 1491; 26 U.S.C. § § 7422(a), (h); RCFC 12(b)(1) Signed by Judge Braden.

02-1894C • CONSUMERS ENERGY COMPANY v. THE UNITED STATES

Filed 09/30/2008
Fifth Amendment; takings; motion to dismiss; RCFC 12(b)(6) Signed by Judge Damich.

08-409C, 08-419C, 08-432C, 08-454C, and 08-474C • FEMME COMP INC., TECHNICAL AND PROJECT ENGINEERING, v. THE UNITED STATES

Filed 09/30/2008
Postaward Bid Protest, 28 U.S.C. § 1491(b);Cross-Motions for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Standing; Evaluation Scheme; Competitive Range; Discussions;Proposal Evaluations; Adjectival Ratings; Quantity and Quality of Evaluated Strengths;Crosswalks; Parent and Affiliate Corporations; Small Business Participation;Buying-in; Price Reasonableness; Best Value Tradeoffs; Weight of Evaluation Factors; Elevation of the Price Factor Signed by Judge Sweeney.

08-551C • KLINGE CORPORATION v. THE UNITED STATES, and SEA BOX, INC. Intervenor

Filed 09/30/2008
Bid protests; Alleged bad faith in cancelling procurement; Injunctive relief; Bid preparation costs Signed by Judge Bruggink.

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