USCFC General Jurisdiction-Reported

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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.

95-468C • ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 01/08/2008
Winstar Damages Claim; Expectancy, Restitution and Reliance Damages; Causation, Foreseeability, and Reasonable Certainty of Lost Profits; "Wounded Bank" Damages Signed by Judge Wheeler.

04-954C • METRIC CONSTRUCTION CO., INC., v. UNITED STATES OF AMERICA

Filed 01/07/2008
Contracts; Equitable Adjustment; Constructive Change Doctrine; Trial; Defective Specifications; Misrepresentation; Reasonableness of Contractor Action in Response to Communication by the Government Signed by Judge Bush.

07-54L • JAMES VOISIN, et al., v. UNITED STATES OF AMERICA

Filed 01/04/2008
Takings Claim; Declaratory Judgment Claim; Equitable Tolling of 28 U.S.C. § 2501 (2000); RCFC 12(b)(1); RCFC 12(b)(6); No Subject Matter Jurisdiction; Continuing Wrong Doctrine; Continuing Claims Doctrine Signed by Judge Bush.

07-759C • EZENIA!, INC., v. UNITED STATES OF AMERICA and CARAHSOFT TECHNOLOGY CORPORATION, Defendant-Intervenor

Filed 01/04/2008
Bid protest; Motion to Dismiss; RCFC 12(b)(1); Interested Party; 28 U.S.C. § 1491(b)(1); Sole-Source Procurement; Agency Decision Not Procurement; Task Orders; Federal Acquisition Streamlining Act (FASA) Signed by Judge Smith.

04-155L • ROY WALKER and SHELLIE WALKER, v. UNITED STATES OF AMERICA

Filed 01/03/2008
Certified Question; Collateral Estoppel; Federal Land Policy and Management Act, 43 U.S.C. § § 1752(a), (g); Grazing Permit; Just Compensation Clause of the Fifth Amendment of the U.S. Constitution; Regulatory Taking; Res Judicata; Summary Judgment; 28 U.S.C. § 1491(a)(1); 28 U.S.C. § 2501; N.M. Stat. Ann. § 72-1-3, et seq; 36 C.F.R. § 222.1, et seq; RESTATEM ENT (SECO) NDF O JUDGMENTS (1982) § § 27(c), (e) Signed by Judge Braden.

06-81C • THOMAS D. AFFOURTIT, v. UNITED STATES OF AMERICA

Filed 01/02/2008
Jurisdiction; Privity; Pro Se; Standing; Summary Dismissal; Tucker Act, 28 U.S.C. § 1491; 42 U.S.C. § 1983; RCFC 12(b)(1); RCFC 17(a); RCFC 83.1(c)(8) Signed by Judge Braden.

06-123T • EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF and CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other ...

Filed 12/21/2007
EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF and CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other than the Tax Matters Partner, v. THE UNITED STATES Tax suit; Motion to compel; RCFC 26(b)(1); Attorney-client privilege; Application of privilege to tax planning advice; Work product doctrine; Tax practitioner's privilege - section 7525 of the Internal Revenue Code of 1986 (26 U.S.C.); Documents previously provided to the IRS and state taxing authority; Waiver based upon reliance of counsel; Communications to/from accountants - the Kovel rule; Communications between /among legal representative- the common interest doctrine; Relevancy; Motion to compel, granted, in part, denied, in part. Signed by Judge Allegra.

03-2164T • JADE TRADING, LLC, by and through, ROBERT W. ERVIN and LAURA KAVANAUGH ERVIN on behalf of ERVIN CAPITAL, LLC, Partners Other ..

Filed 12/21/2007
JADE TRADING, LLC, by and through, ROBERT W. ERVIN and LAURA KAVANAUGH ERVIN on behalf of ERVIN CAPITAL, LLC, Partners Other Than the Tax Matters Partner, v. THE UNITED STATES Partnership Item; Final Partnership Administrative Adjustment; 26 U.S.C. § 752; Liability; Contingent Obligation; Basis in Partnership Interest; Economic Substance Doctrine; Accuracy-related Penalties; Tax Shelter; Substantial Authority; Jurisdiction Over Reasonable Cause; Partner-Level Defenses. Signed by Judge Williams.

07-306T • JOYCE A. RINEER, v. THE UNITED STATES

Filed 12/20/2007
Trust fund recovery penalty, 26 U.S.C. § 6672; motion to suspend proceedings Signed by Judge Wolski.

05-1006C • FOREST GLEN PROPERTIES, LLC, v. THE UNITED STATES

Filed 12/20/2007
Motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); evidence outside the pleadings; RCFC 56(f); privity; assignment; receiver as a party to a contract; standing; real party in interest; ambiguous contract term; implied-in-fact contract; Housing Assistance Payments contract; jurisdictional facts intertwined with merits Signed by Judge Wolski.

07-712C • PRECISION IMAGES, LLC, v. THE UNITED STATES

Filed 12/20/2007
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Standing; Prejudice; Rational Basis Signed by Judge Sweeney.

07-672C • KEITH BENNETT JOHNSON, v. THE UNITED STATES

Filed 12/20/2007
Pro Se; Subject Matter Jurisdiction; 28 U.S.C § 1491; In Forma Pauperis; 28 U.S.C. § 1915; Motion to Dismiss; RCFC 12(b)(1) Signed by Judge Sweeney.

04-106C • DAIRYLAND POWER COOPERATIVE, v. THE UNITED STATES

Filed 12/19/2007
Presidential communications privilege; compelling document production; RCFC 37(a)(2) Signed by Judge Damich.

06-944L • THE TOHONO O'ODHAM NATION, v. THE UNITED STATES

Filed 12/19/2007
28 U.S.C. § 1500; Motion to Dismiss; Lack of Jurisdiction; Breach of Trust; Trust Accounting; Accounting in Aid of Judgment; Money Damages; Equitable Remedies for Breach of Trust Signed by Judge Bruggink.

06-786C • KNOWLEDGE CONNECTIONS, INC., v. THE UNITED STATES and CATAPULT TECHNOLOGY, LTD., Intervening Defendant

Filed 12/19/2007
Post-award bid protest; cross-motions for judgment on the administrative record; information technology procurement; General Services Administration's contracts for service-disabled, veteran-owned small businesses; Veterans Technology Services Government-Wide Acquisition Contract; "executive agent" designation by the Office of Management and Budget Signed by Judge Lettow.

04-1727C • HAROLD E. SIX, SR., v. THE UNITED STATES

Filed 12/18/2007
Military Pay; Motion for Judgment on the Administrative Record; Substantial Evidence Rule; Request for Correction of Military Records; Post-Traumatic Stress Disorder Signed by Judge Hewitt.

96-408C • INNOVAIR AVIATION, LTD v. THE UNITED STATES,

Filed 12/14/2007
Motion in Limine; Reconsideration; Federal Rule of Evidence 402; Arm's Length Transaction; Exclusion of Testimony; Substitute res Bond Signed by Judge Smith.

07-250C • PAUL D. RIPPA v. THE UNITED STATES

Filed 12/14/2007
Civilian pay; probationary employee; motion to dismiss; RCFC 12(b)(1); Bureau of Indian Affairs employment determination; money-mandating statute; 25 U.S.C. § 2012(e) (2000); 25 C.F.R. § 38.9(d) (2000); whether agency manual has force and effect of law; transfer statute, 28 U.S.C. § 1631 (2000). Signed by Judge Miller, C..

07-649C • MARTI ADDAMS-MORE v. THE UNITED STATES

Filed 12/14/2007
Motion for Recusal; RCFC 40.3; 28 U.S.C. § 455 Signed by Judge Hewitt.

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