USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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01-642C • GASA, INC., v. THE UNITED STATES

Filed 11/28/2007
Motion for Summary Judgment; RCFC 56; Dredging; Contract Interpretation; Delay Damages; Existence, Extent, and Reasonableness of Delay; Injury; Concurrent Delay; Disposal of Solid Waste; In-River Placement of Dredged Material Signed by Judge Sweeney.

06-742C • EMERALD COAST FINEST PRODUCE CO.,INC., v. THE UNITED STATES and MILITARY PRODUCE GROUP, LLC, Defendant-Intervenor

Filed 11/26/2007
Post-Award Bid Protest; Capacity to Sue or Be Sued Signed by Judge Hewitt.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P., v. THE UNITED STATES and LOCKHEED MARTIN AERONAUTICS COMPANY, Intervenor

Filed 11/26/2007
Post-Award Bid Protest; Breach of Implied Duty of Fair Dealing; 28 U.S.C. § 1491(b); Jurisdiction; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Accrual Suspension Rule; RCFC 12(b)(1); RCFC 12(b)(6); Presumption of Good Faith; Hearsay; Judicial Notice Signed by Judge Williams.

07-724C • ERACENT, INC., v. THE UNITED STATES and DLT SOLUTIONS, INC., Intervenor

Filed 11/26/2007
Post-Award Bid Protest; RCFC 52.1 Motion for Judgment on the Administrative Record; Protest of Task Order Under Federal Supply Schedule ("FSS") Contract; Standing of non-FSS Contractor; Scope of FSS Contract Signed by Judge Bruggink.

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

Filed 11/20/2007
Compelling deposition testimony; sanctions; deliberative process privilege; attorney-client privilege; work product doctrine; RCFC 30(b)(6); FRE 401; FRE 408 Signed by Judge Damich.

06-898C • GRIFFIN BROADBAND COMMUNICATIONS, INC.; TOTAL TV OF FORT IRWIN, LLC, v. THE UNITED STATES

Filed 11/19/2007
Motion to dismiss, RCFC 12(b)(6); takings claims pertaining to rights under a contract Signed by Judge Miller, C..

07-546C • FOREST CITY MILITARY COMMUNITIES, LLC v. THE UNITED STATES and GMH/CENTEX MILITARY COMMUNITIES, Defendant-Intervenor

Filed 11/19/2007
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Best Value Selection of Phase 1 Community Development and Management Awardee for Privatization of Military Family Housing at West Point; Military Housing Privatization Initiative, 10 U.S.C. § § 2871-2885 Signed by Judge Hewitt.

05-217C • ARBITRAJE CASA DE CAMBIO, S.A. DE CV., et al., v. THE UNITED STATES

Filed 11/19/2007
12(b)(1); 12(b)(6); Motion to Dismiss; Sovereign Immunity; Tucker Act; Contract Disputes Act; Transfer; United States Postal Service Money Orders; 28 U.S.C. § 1491(a) Signed by Judge Smith.

07-323C • JABARI ZAKIYA, v. THE UNITED STATES

Filed 11/16/2007
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations; 28 U.S.C. § 1495; 28 U.S.C. § 2513; 28 U.S.C. § 2501 Signed by Judge Hewitt.

06-121C • CORTRELL L. LOWE v. THE UNITED STATES

Filed 11/15/2007
Pro se representation; Statute of Limitations; Res Judicata; Collateral Estoppel; Military pay; Disability severance pay; Medical discharge cancellation; Court-martial; 10 U.S.C. § 1203; 10 U.S.C. § 1206; 10 U.S.C. § 1212 Signed by Judge Block.

06-503T • SALMAN RANCH LTD v. THE UNITED STATES

Filed 11/13/2007
Taxes; TEFRA partnership proceeding; refund of income tax; Final Partnership Administrative Adjustment; extension of three-year statute of limitations under 26 U.S.C. ("I.R.C.") § 6501(e)(1)(A) (2000), due to omission of amount includible as partnership income; extension of statute of limitations under I.R.C. § 6229(c)(2), due to substantial omission of income; adequate disclosure. Signed by Judge Miller, C..

05-248C • JONATHAN D. ASTOR, et al. v. THE UNITED STATES

Filed 11/13/2007
Overtime Pay for Federal Firearms Instructors; Fair Labor Standards Act; Applicablity of Professional Exemption for Teachers; Department of Labor and Office of Personnel Managemnet Regulations; Burden of Proof Signed by Judge Wheeler.

04-34C & 04-36C • DELMARVA POWER & LIGHT CO. and ATLANTIC CITY ELECTRICITY CO. v. THE UNITED STATES

Filed 11/13/2007
Contracts; takings; Spent Nuclear Fuel cases; Nuclear Waste Policy Act of 1982, 42 U.S.C. § § 10101-10270 (2000); effect of arbitration ruling on court's jurisdiction; Assignment of Claims Act(s), 41 U.S.C. § 15, 31 U.S.C. § 3727; whether takings claim can be assigned. Signed by Judge Miller, C..

07-239C • JOE A. BROWDER, JR. v. THE UNITED STATES

Filed 11/09/2007
Motion to Dismiss; Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Motion for Leave to Amend Complaint Signed by Judge Smith.

03-2623C • SYSTEM FUELS and ENTERGY ARKANSAS, INC. v. THE UNITED STATES

Filed 11/09/2007
Motion for reconsideration of post-trial judgment in suit for partial breach of Standard Contract for disposal of spent nuclear fuel; RCFC 59(a), (b), (e) Signed by Judge Lettow.

07-636C • JOHN C. FRAZIER III v. THE UNITED STATES

Filed 11/07/2007
Pre-Award Bid Protest; Legal Standards Governing the Solicitation of Bureau of Reclamation Concession Contracts; Litigation of Contract Claims within a Pre-Award Bid Protest; Incumbent Contractor Performance as Responsiveness and Responsibility Criteria; Whether Allegedly Inaccurate Appraisal Estimates May Invalidate a Prospectus Signed by Judge Bush.

07-700C • WEEKS MARINE, INC., v. THE UNITED STATES

Filed 11/06/2007
Pre-award Bid Protest; Challenge to Agency's IDIQ Multiple Award Task Order Solicitation; Violation of 10 U.S.C. § 2304(a); Rational Basis Test; Injunctive Relief Signed by Judge Wheeler.

07-186C • WESTECH INTERNATIONAL, INC.,v. THE UNITED STATES

Filed 11/06/2007
Post-Award Bid Protest; DOE; NNSA; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Probable Cost Adjustments; Bannum; Rational Basis Signed by Judge Sweeney.

01-411C • INDUSTRIAL DOOR CONTRACTORS, INC.,v.THE UNITED STATES

Filed 11/02/2007
Opinion on Remand; Breach of Settlement Agreement Between Subcontractor and Procuring Activity; Experience Requirements; Single Manufacturer Requirement; Manufacturing Certification; Lost Profits; Collateral Contract; Effect of Mere Allegations or Denials on Summary Judgment Signed by Judge Baskir.

06-707L • RICHARD CARY, et al., v. THE UNITED STATES

Filed 11/01/2007
Fifth Amendment Takings —The Forest Service's fire suppression policies cannot support a claim for inverse condemnation when the damage complained of was the result of a fire caused by an individual not acting as the government's agent. Signed by Judge Wiese.

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