USCFC General Jurisdiction-Reported

FEMA Lease Following Hurricanes Katrina and Rita; Dual Burden to Recover Repair or Restoration Costs; Federal Rule of Evidence 702; Unreliability of Expert Testimony; Lost Profits Claim; Independent and Collateral Undertakings Doctrine; Speculative and Unsupported Damages. Signed by Judge Wheeler.

Bid Protest; Cross Motions for Judgment on the Administrative Record; Federal Acquisition Regulations 15.307(b) and 15.306(d) Signed by Judge Hewitt.

Contract Disputes Act; RCFC 12(b)(6); breach of contract; implied covenant of good faith and fair dealing; constructive change; cardinal change Signed by Judge Block.

Civilian Pay; Postal Reorganization Act, Pub. L. 91-375, 84 Stat. 719, codified at 39 U.S.C. § 101 et seq. (2006); Motion to Transfer; Claims Against Labor Union and the United States Postal Service. Signed by Judge Bush.

Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); “Prevailing Party;” “Substantial Justification.” Signed by Judge Braden.

National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Abandonment Governed by Federal Law; Taking Pursuant to Issuance of NITU. Signed by Judge Wheeler.

Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Exhaustion of Administrative Remedies. Signed by Judge Bush.

Motion for Reconsideration, RCFC 59; CDA Statute of Limitations, 41 U.S.C. § 7103(a)(4)(A); Claim Accrual, 48 C.F.R. § 33.201; Knowledge of Potential Claim; Contracting Officer’s Final Decision Signed by Judge Hodges.

Federal Tort Claims Act Statute of Limitations, 28 U.S.C. § 2401 (2006); U.S. Const. amend. IV; Pro Se; Transfer, 28 U.S.C. § 1631 (2006); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2006); 31 U.S.C. § 3723 (2006) Signed by Judge Braden.

Motion to dismiss; jurisdiction; Failure to state a claim; Military Pay Act; Tucker Act; back pay; reservist; Selection boards; nonjusticiable Signed by Judge Damich.

Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 327; Federal Tort Claims Act, Pub. L. No. 79-601, §§ 401-24, 60 Stat. 812 (1946); Motion to Dismiss, RCFC 12(b)(1); Pro Se; Transfer, 28 U.S.C. § 1631 (2006); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2006); U.S. Const. amend. VI. Signed by Judge Braden.

Insufficiency of Claim Construction Chart and Claim Construction Statement; Order for Briefing on Amendment of a Claim Chart; Order for Briefing on “a Timely Showing of Good Cause”; Order for Revised Expert Report and Claim Construction Statement Signed by Judge Hewitt.

National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Appropriate Measure of Just Compensation; Fencing Costs. Signed by Judge Wheeler.

Spent Nuclear Fuel; Private Fuel Storage; Motion to Reconsider Signed by Judge Damich.

Motions by the government for partial summary judgment upon plaintiff’s affirmative defenses of statute of limitations and accord and satisfaction; accrual of a claim under FAR § 33.201 for purposes of the Contract Dispute Act’s six-year statute of limitations, 41 U.S.C. § 7103(a)(4)(A); Crown Coat Front Co. v. United States, 386 U.S. 503(1967); meeting of the minds required for formation of an accord and satisfaction; conflicting evidence respecting a meeting of the minds Signed by Judge Lettow.

Post-Award Bid Protest; Past Performance Evaluation; Best Value Trade-Off Analysis. Signed by Judge Horn.

Patent case; E-discovery management order; Timing of e-discovery; Presumptive limits on email productions for custodians and searches; Clawback provisions under Fed. R. Evid. 502; Provisions dealing with assertion of privilege; Format for production. Signed by Judge Allegra.

Pre-award bid protest; corrective action announced after plaintiff moved for judgment on the administrative record; supplemental complaint challenging reasonableness of corrective action; defendant’s motion to dismiss premised upon mootness; whether meaningful relief remains available Signed by Judge Lettow.

Tribal claims; RCFC 19 – joinder question; Tribal sovereign immunity; RCFC 19(b) – whether absence of sovereign, which cannot be joined in suit and declines invitation to intervene, requires dismissal; Provident; Lack of alternative remedy for plaintiff; Impact of sovereign immunity – Pimentel; Potential for conflicting claims; Inability of United States to represent Tribe’s interest; No way to lessen prejudice associated with proceeding; Dismissal warranted. Signed by Judge Allegra.

Jurisdiction; illegal exaction; promissory note; student loan Signed by Judge Bruggink.