USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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07-230C • HUMPHREY A. TAYLOR, v. UNITED STATES,

Filed 02/01/2008
Back Pay Act; Civil Rights Claims;Enforcement of Equal Employment Opportunity Commission Decision; Title VII, 42 U.S.C. § 2000e et seq.; Tucker Act; Motion to Dismiss for Lack of Subject Matter Jurisdiction Signed by Judge Horn.

05-376C • MANHATTAN CONSTRUCTION COMPANY v. UNITED STATES OF AMERICA,

Filed 01/31/2008
Contract Interpretation; Patent Ambiguity; Duty to Inquire; Conflict Between Drawings and Specifications; Federal Acquisition Regulation § § 52.236-21(a) and 52.243-4 Signed by Judge Hodges.

07-699T • ELLEN-MARIE ARTUSO, v. UNITED STATES

Filed 01/31/2008
Pleading special matters in tax refund cases; RCFC 9(h)(6); subject matter jurisdiction Signed by Judge Lettow.

05-1119L • ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, CYNTHIA BORDELON, and STEVE'S MOBILE HOME & R.V. ...

Filed 01/31/2008
ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, CYNTHIA BORDELON, and STEVE'S MOBILE HOME & R.V. REPAIR, INC., v. THE UNITED STATES Amended and Supplemental Pleadings, Futility; Just Compensation Clause, U.S. CONST. amend. V; Motion For Leave To Amend Complaint; Prejudice; Standing; Subject Matter Jurisdiction; Undue Delay. Signed by Judge Braden.

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

Filed 01/31/2008
Attorney Client Privilege; Deliberative Process Privilege; Work Product Privilege. Signed by Judge Braden.

95-396C • BILL HUBBARD, individually and doing business as BILL HUBBARD & ASSOCIATES v. THE UNITED STATES

Filed 01/28/2008
Attorney's fees, EAJA, Damages, Hensley v. Echkerhart. Signed by Judge Smith.

06-932L • AK-CHIN INDIAN COMMUNITY, v. THE UNITED STATES

Filed 01/25/2008
Indian Tribal Claim; Motion to Dismiss for Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1500; Whether Claim Was "Pending" in District Court When Complaint Was Filed in Court of Federal Claims; Whether Complaint for Damages for Breach of Trust Raises the "Same Claim" (i.e., Relies on the Same Operative Facts and Seeks the Same Relief) as Complaint to Enforce Trust Obligations. Signed by Judge Hewitt.

92-265C • REPUBLIC SAVINGS BANK, FSB, et al., v. THE UNITED STATES

Filed 01/25/2008
Summary Judgment; Standing; Winstar line of cases; FIRREA; 12(b)(6); Breach of Contract; Restitution; Pre-judgment Interest. Signed by Judge Smith.

05-1278 consol. • STEVENS VAN LINES, INC. et al., v. THE UNITED STATES

Filed 01/23/2008
Motion for summary judgment, Contract, Implied Actual Authority, Mutual Intent. Signed by Judge Smith.

04-1277C • ROBERT JAMES WALTON v. THE UNITED STATES

Filed 01/23/2008
Copyright Infringement; RCFC 12(b)(1); Jurisdiction; Copyright Registration, 17 U.S.C. § 411(a); Supplemental Complaint; 28 U.S.C. § 1498(b); Blueport Co.; Definition of Employee; Definition of Service; Federal Inmate; Federal Prison Industries; Community for Creative Non-Violence. Signed by Judge Sweeney.

01-639C • BANNUM, INC. v. UNITED STATES

Filed 01/23/2008
Breach of contract; motion for summary judgment; contractual duty to cooperate; withholding of superior knowledge; costs of responding to negotiation requests; amendment of complaint. Signed by Judge Lettow.

07-653C • NOVA EXPRESS, v. UNITED STATES OF AMERICA

Filed 01/22/2008
Motion for reconsideration; Dismissal for lack of prosecution; Application of RCFC 83.1(c)(8) to a sole proprietorship; 28 U.S.C. § § 1654, 1915; RCFC 17 - capacity to sue; Capacity of a sole proprietorship recognized under Texas law to sue or be sued; Case involving sole proprietorship formed under Texas law should be prosecuted in the name of the owner; Motion to amend complaint Signed by Judge Allegra.

07-35L • PALMYRA PACIFIC SEAFOODS, L.L.C., PALMYRA PACIFIC ENTERPRISES, L.L.C., PPE LIMITED PARTNERSHIP and FRANK SORBA v THE US

Filed 01/22/2008
Takings; RCFC 12(b)(6) motion to dismiss; whether license is property interest; whether government action closing refuge to fishing took license to use land for commercial fishing operations. Signed by Judge Miller, C..

03-1677C • WILLIAM P. GREENE, v. THE UNITED STATES

Filed 01/22/2008
Signed by Judge Wolski.

05-1163C • MARSHALL KENNETH FLOWERS v. THE UNITED STATES

Filed 01/18/2008
Pro Se; Subject Matter Jurisdiction; Military Pay Act; 37 U.S.C. § 204; Motion to Dismiss; RCFC 52.1; Bar to Reenlistment; Takings Claim; Tort Claims; Criminal Claims. Signed by Judge Sweeney.

06-907L • HARVEST INSTITUTE FREEDMAN FEDERATION, BLACK INDIANS UNITED LEGAL DEFENSE FUND, and WILLIAM WARRIOR v. UNITED STATES OF AMERICA

Filed 01/15/2008
Continuing Claims Doctrine; Statute of Limitations; Subject Matter Jurisdiction; Failure to State a Claim. Signed by Judge Hodges.

93-648-1L • LAND GRANTORS IN HENDERSON, UNION and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS, v. UNITED STATES OF AMERICA

Filed 01/10/2008
Accrual of Claims; Congressional Reference; Equitable Tolling; Statute of Limitations Signed by Judge Braden.

01-428T, 03-2803T & 05-1265T consolidated • ABEN E. JOHNSON and JOAN G. JOHNSON, v. UNITED STATES OF AMERICA

Filed 01/09/2008
Summary Judgment; RCFC 56; Theft Loss Deduction; Internal Revenue Code (IRC) § § 165(a) & (e); Treasury Regulation § 1.165-8(a)(2); Treasury Regulation § 1.165-1(d)(2) Signed by Judge Firestone.

07-831C • INTERNATIONAL MANAGEMENT SERVICES INC v UNITED STATES OF AMERICA and AEGIS MISSION ESSENTIAL PERSONNEL LLC Defendant-Intervenor

Filed 01/09/2008
Postaward Bid Protest; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Standing; Justiciability; Small Business Set Aside; Size Determinations Signed by Judge Sweeney.

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