USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

07-155C • GEO-SEIS HELICOPTERS, INC., v. THE UNITED STATES, and PRESIDENTIAL AIRWAYS, INC.,

Filed 10/31/2007
Post-award bid protest; attorneys' fees; Equal Access to Justice Act, 28 U.S.C. § 2412(d); bid preparation and proposal costs; 28 U.S.C. § 1491(b)(2) Signed by Judge Lettow.

07-581C • AEOLUS SYSTEMS, LLC v. THE UNITED STATES and GLOBAL SOLUTIONS NETWORK. INC., Intervenor-Defendant

Filed 10/31/2007
Pre-Award Bid Protest; Small Business Administration Qualification of Historically Underutilized Business Zone Small Business Concerns; Definition of the Term "Employee" in 13 C.F.R. § 126.103 (2007); Deference to Agency Interpretation of Regulation. Signed by Judge Bush.

06-617T • HARRIET A. and RONALD B. DUDA v. THE UNITED STATES

Filed 10/31/2007
Informal Claim Doctrine; Jurisdiction; Pro Se; Tax Refund; 26 U.S.C. § § 6511(a), 6532(a), 7422(a); 28 U.S.C. § 1346(a)(1); 26 C.F.R. § 301.6402-3(a)(1); RCFC 12(b)(1), (e). Signed by Judge Braden.

99-279C • MORSE DIESEL INTERNATIONAL, INC. d/b/a AMEC CONSTRUCTION MANAGEMENT, INC. v. THE UNITED STATES

Filed 10/31/2007
Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; Contract Disputes Act, 41 U.S.C § 609(a); Debt Collection Improvement Act Pub. Law 104-134 (1999); Due Process Clause, U.S. Const. amend. V.; Excessive Fines Clause, U.S. Const. amend. VIII.; False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2); Partial Summary Judgment, RCFC 56(b), (c); Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

02-1031L • NORTHWEST LOUISIANA FISH & GAME PRESERVE COMMISSION, v. THE UNITED STATES

Filed 10/31/2007
Motion for Judgment on the Pleadings; RCFC 12(c); No Jurisdiction Over Claims Sounding in Tort; Fifth Amendment Takings Claim; Standing; Navigational Servitude Signed by Judge Firestone.

07-243C • THE RAVENS GROUP, INC., v. THE UNITED STATES and ROWE CONTRACTING SERVICES, INC.,Intervenor

Filed 10/31/2007
Rule 11; sanctions; bid protest; pleadings; administrative record; 28 U.S.C. § 1491; withdrawal of claims; factual allegations; legal arguments; evidentiary support; frivolous legal theories Signed by Judge Baskir.

05-1205C • NELSON CONSTRUCTION COMPANY, and DONALD J. NELSON, v. THE UNITED STATES

Filed 10/29/2007
Government Contract; Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6); Sovereign Immunity; Equitable Subrogation; Assignment; Wrongful Payment; Suretyship; Indemnitor; Subcontractor; Third-Party Beneficiary Signed by Judge Sweeney.

00-228C • ROBERT O. MUDGE, v. THE UNITED STATES

Filed 10/26/2007
Motion for relief from judgment; RCFC 60(b)(3), (6); allegations of misrepresentations; timeliness; independent action for relief from judgment; effect of prior de novo examination Signed by Judge Lettow.

5-1342C • INFORMATION SCIENCES CORP., Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC., Intervenor-Plaintiff, v. THE UNITED STATES

Filed 10/25/2007
INFORMATION SCIENCES CORP., Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC. (d/b/a Development InfoStructure or DEVIS), Intervenor-Plaintiff, v. THE UNITED STATES Adequate Documentation; Apportionment; Eligible Party; Equal Access to Justice Act, 28 U.S.C. § 2412; Expert Witness Fees; Miscellaneous Expenses; Overtime Expenses; Paralegal Expenses; Special Circumstances Exception; Substantial Justification; 48 C.F.R. § 15.306(c); 48 C.F.R. § 15.308 Signed by Judge Braden.

01-495C • KENT CHRISTOFFERSON, et al., v. THE UNITED STATES

Filed 10/25/2007
Motion for Protective Order; RCFC 26(b)(1); Attorney-Client Privilege; Work Product Doctrine Signed by Judge Bruggink.

07-694C • MANSON CONSTRUCTION CO. v. THE UNITED STATES and GREAT LAKES DREDGE & DOCK CO., LLC

Filed 10/19/2007
Contracts; post-award bid protest; best-value negotiated procurement; tradeoff analysis; prejudice Signed by Judge Miller, C..

01-428T • ABEN E. JOHNSON and JOAN G. JOHNSON v. THE UNITED STATES

Filed 10/17/2007
Summary Judgment; Disputed Issues of Fact as to Whether Accession to Wealth Was Clearly Realized Under James v. United States, 366 U.S. 213 (1961); I.R.C. § 61(a) Signed by Judge Firestone.

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

Filed 10/16/2007
Post-trial decision in suit for partial breach of Standard Contract for disposal of spent nuclear fuel; mitigation; damages Signed by Judge Lettow.

06-254L • PAT H. HAYES v. THE UNITED STATES

Filed 10/16/2007
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations Signed by Judge Hewitt.

07-615C • HWA, INC., v. THE UNITED STATES and WACKENHUT SERVICES, INCS

Filed 10/16/2007
Post-award bid protest; jurisdiction; Tucker Act, 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law; rational basis; violation of regulation or procedure; unequal treatment; best-value procurement; prejudice; request for quotations; permanent injunction Signed by Judge Miller, G..

06-97C • JOHN SNOW, INC., v. THE UNITED STATES

Filed 10/12/2007
Cost-Plus-Fixed-Fee Contract; Cost Disallowance for Allegedly Nonconforming Goods; Applicability of Commercial Items Clause; Agency's Post-Acceptance Rights; Summary Judgment; Genuine Issues of Material Fact Signed by Judge Wheeler.

07-17C • MCKING CONSULTING CORPORATION, v. THE UNITED STATES

Filed 10/12/2007
Procurement Integrity Act 41 U.S.C. § 423; Competition in Contracting Act, 41 U.S.C. § 253; Small Business Set-Aside; Bid Protest; Federal Acquisition Regulation Part 19 Signed by Judge Block.

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