USCFC General Jurisdiction-Reported

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07-631C • BEARINGPOINT, INC., v. THE UNITED STATES,

Filed 05/28/2008
Multiple Award Schedule Contract; Unauthorized Default Termination of Task Order; Procedural Error; Existence of Harm or Prejudice to Contractor; Availability of Summary Judgment Signed by Judge Wheeler.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian tribe, v. THE UNITED STATES,

Filed 05/27/2008
RCFC 12(b)(1); Tribal Priority Allocations;Indian Health Service; Money-Mandating Network; Mitchell Line of Cases; Breach of Fiduciary Duty; Limited Trust; Common- Law Trust; Appropriations Signed by Judge Sweeney.

04-1757C • PARK PROPERTIES ASSOCIATES, L.P., et al, v. THE UNITED STATES,

Filed 05/23/2008
Cross-motions for partial summary judgment; Section 8 housing program;Impact on calculation of damages of the overall limitation provision in HAP contracts; Doctrine of prevention; St. Louis Dressed Beef and David J. Joseph Co. applied; Overall limitation provision did not survive the repudiation of the HAP contracts; Alpine Ridge explained; Statesman II distinguished; Overall limitation not considered in calculation of damages Signed by Judge Allegra.

04-635C • METRIC CONSTRUCTION CO., INC., v. UNITED STATES,

Filed 05/21/2008
Post-trial decision in suit for equitable adjustments and damages respecting military construction contracts; changed conditions; waiver and release; defective specifications; constructive changes to contract Signed by Judge Lettow.

06-28T • RADIOSHACK CORPORATION, v. THE UNITED STATES,

Filed 05/21/2008
Telecommunications Excise Tax;Statute of Limitations; 26 U.S.C. § 6511(a); 26 U.S.C. §7422; Statutory Interpretation Signed by Judge Williams.

06-31T and 06-36T consolidated • RUSSIAN RECOVERY FUND LIMITED, RUSSIAN RECOVERY ADVISORS, L.L.C., Tax Matters Partner, v. THE UNITED STATES,

Filed 05/19/2008
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § § 6221-6233; Affected Item; Individual Partner's Amount At-Risk;Final Partnership Administrative Adjustment Signed by Judge Bruggink.

04-37C • CAROLINA POWER & LIGHT COMPANY, and FLORIDA POWER CORPORATION, v. THE UNITED STATES,

Filed 05/19/2008
Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Interpretation of DOE's Standard Contract; Recovery of Mitigation Damages for DOE's Partial Breach of Contract Signed by Judge Wheeler.

06-799T • ROBERTO and MARIA L. GAGLIARDI, v. THE UNITED STATES,

Filed 05/16/2008
Tax; refund of penalty for underpayment due to fraud, 26 U.S.C. ("I.R.C.") § 6663(a)(2000); burden of proof; clear and convincing evidence Signed by Judge Miller, C..

07-854C • FRANCES L. GREENHILL, v. THE UNITED STATES,

Filed 05/16/2008
Motion to Dismiss; RCFC 12(b)(6); Alleged Breach of Settlement Agreement Resolving Discrimination Claim; Subject-Matter Jurisdiction; RCFC 12(b)(1);"Contracts" under the Tucker Act Generally Not Required to Contain Money-Mandating Language Signed by Judge Miller, G..

07-589C • JEFFREY B. KING, SCOTT A. AUSTIN, KEVIN J. HARRIS, AND JOHN J. HAYS, v. THE UNITED STATES,

Filed 05/15/2008
Motion to Dismiss; RCFC 12(b)(1); 28 U.S.C. § 540C; FBI Police; Back Pay Act of 1996; 5 U.S.C. § 5596(b)(1); Civil Service Reform Act (CSRA) Signed by Judge Hewitt.

08-283C • EOD TECHNOLOGY, INC. v. UNITED STATES, and AMERICAN K-9, INC. Intervening Defendant

Filed 05/15/2008
Override determination by the Army of stay arising with post-award bid protest; 31 U.S.C. § 3553(d)(3)(c);canine working dog services to Army Special Forces units operating in Afghanistan; factors affecting preliminary injunction; interests of national defense and national security;28 U.S.C. § 1491(b)(3) Signed by Judge Lettow.

08-318C • R. WAYNE JOHNSON, v. THE UNITED STATES,

Filed 05/14/2008
In Forma Pauperis Filing Requirements, 28 U.S.C. § 1915(a); In Forma Pauperis "Three Strikes" Rule, 28 U.S.C. § 1915(g); Constitutionality of Filing Fee Requirement; Demand for Garnishment Suit to Obtain Payment of Filing Fee; Recusal; Sua Sponte Dismissal for Failure to Pay Filing Fee Signed by Judge Miller, G..

08-151C • ALLIED MATERIALS & EQUIPMENT CO., INC., v. THE UNITED STATES, and ILC DOVER, LP, Defendant-Intervenor

Filed 05/13/2008
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Failure to Issue Solicitation Amendment to All Parties; 48 C.F.R. § 15.206(b); No Waiver;No Showing of Prejudice Under Test of Whether Protestor "had a chance of receiving the contract award that is more than merely speculative" Signed by Judge Hewitt.

07-14L • THE RICHARD A. FORSGREN REVOCABLE LIVING FAMILY PRESERVATION TRUST: CLAYTA FORSGREN, ... v. THE UNITED STATES,

Filed 05/12/2008
RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; John R. Sand & Gravel Co.; Fifth Amendment Taking; Continuing Claims Doctrine; Stabilization; Remediation; Fisher; Moden; Jan's Helicopter Service, Inc. Signed by Judge Sweeney.

05-677C • TAMERLANE, LIMITED, PARK TERRACE, LIMITED, PARK TERRACE EAST, LIMITED, and MULLICA WEST... v. THE UNITED STATES,

Filed 05/08/2008
Contracts; breach of contract;anticipatory repudiation;bilateral modification; accord and satisfaction; Franconia Assocs. v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413 (codified as amended at 42 U.S.C. § § 1485, 1490a (2000)); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988)("ELIHPA"); Housing and Community Development Act of 1992, Pub. L. No. 102-550, 106 Stat. 3672 (codified in relevant part at 42 U.S.C. § 1472(c)(2000)); RCFC 56 cross-motions for partial summary judgment Signed by Judge Miller, C..

04-93C • JAMES R. VANDERPOOL, THOMAS L. CAVEN, MICHELLE L. ROOT,RICHARD L. ROBERTS, THOMAS... v. UNITED STATES,

Filed 05/06/2008
Partial Motion to Dismiss;Jurisdiction; Availability Pay Claims;Law Enforcement Availability Pay Act of 1994, 5 U.S.C. § 5545a; Federal Aviation Administration Personnel Management System, 49 U.S.C. § 40122(g) Signed by Judge Horn.

02-796C • INFORMATION SYSTEMS & NETWORKS, CORP., v. THE UNITED STATES,

Filed 05/06/2008
Motion for summary judgment; Contract claim - Contract Disputes Act; Constructive change doctrine; Limitations of the doctrine - Len Co. Assocs.; Failure to create genuine issue of material fact as to whether additional, uncompensated work was ordered by an official with the authority to do so; Covenant of good faith and fair dealing; Failure to create genuine issue of material fact as to whether termination of contract and other conduct was animated by bad faith; Defendant's motion granted Signed by Judge Allegra.

98-720C • PRECISION PINE & TIMBER, INC., v. THE UNITED STATES,

Filed 05/02/2008
Timber Sale Contracts; Motion for Reconsideration of Interlocutory Order Directing Plaintiff to Recalculate Its Damages in Light of Court's Findings After Trial; Plaintiff's Damages Model; Plaintiff's Use of New Input Values Based on Court's Findings; Declaration of Defendant's New Expert Witness, Proffered in Response to Plaintiff's Revised Damages Calculations and in Support of Defendant's Contentions Relating to Causation and Alleged Failure to Mitigate; Lack of Basis for Court's Consideration of Declaration for Such Purposes After Trial; Profits Earned on Breached Contracts in Post-Breach Period Discounted to Present Value in Plaintiff's Revised Damages Calculations But Not Subject of Proof at Trial; Plaintiff's Damages Reduced to Eliminate Effect of Discounting, Which Defendant Had No Opportunity to Contest at Trial Signed by Judge Miller, G..

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

Filed 05/02/2008
DFARS 252.236-7010; "American Preference Policy;" Pub. L. No. 98-396; 98 Stat. 1369,1398 (1984); Post-Award Bid Protest; Temporary Restraining Order; Preliminary and Permanent Injunction; Arbitrary and Capricious Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984);10 U.S.C. § 2851(a) Signed by Judge Smith.

08-249C • THE CNA CORPORATION, v. UNITED STATES,

Filed 04/30/2008
Pre-Award Bid Protest; Post-Employment Restrictions, 18 U.S.C. § 207; Standing; Ripeness Signed by Judge Horn.

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