USCFC General Jurisdiction-Reported

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05-999T • EPSOLON LIMITED, by and through SLIGO (2000) COMPANY, INC., Tax Matters Partner, v. THE UNITED STATES

Filed 10/10/2007
Tax Refund Suit; TEFRA; Cross-Motions for (Partial) Summary Judgment; 26 U.S.C. § 6501(a); 26 U.S.C. § 6229(a), (d); 26 U.S.C. § 7609(e)(2); RCFC 56; Rhone-Poulenc; Andantech; AD Global; Grapevine; Powell Signed by Judge Sweeney.

04-1131C • RICHARD P. HASTINGS, and NUCLEAR PROTECTION SERVICES INC., v. THE UNITED STATES

Filed 10/05/2007
Patent case, Cross-motions for summary judgment; Repository for storing radioactive waste in a rock formation; Markman hearing; Circumstances in which a claim element need not be construed; "Means-plus-function" limitation under 35 U.S.C. § 112, ¶ 6; Rebuttable presumption; Identification of function and corresponding structure; Material questions of fact as to infringement; Cross-motions denied Signed by Judge Allegra.

07-225C • DWAYNE GARRETT v. THE UNITED STATES

Filed 10/05/2007
Motion to Dismiss; RCFC 12(b)(1); Failure to State a Claim Within the Jurisdiction of the Court; Whether to Impose Sanctions for Filing Baseless Complaint Signed by Judge Hewitt.

06-598T • FOUR RIVERS INVESTMENTS, INC., v. THE UNITED STATES

Filed 10/04/2007
RCFC 59; Motion for Reconsideration Signed by Judge Bush.

07-336C • ARLIN EDWARD RANEY, v. THE UNITED STATES

Filed 10/04/2007
Motion to Dismiss: RCFC 12(b); Subject Matter Jurisdiction; Pro se Plaintiff Signed by Judge Smith.

06-351T • GISELE C. FISHER, v. THE UNITED STATES

Filed 10/04/2007
Pre-Trial; Objection to Exhibits; Whether Valuation Report Prepared by IRS Consultant is Admissible in De Novo Proceeding by Taxpayer to Obtain Refund; Whether Learned Treatises Relied on by Plaintiff's Expert May Be Received Under Fed. R. Evid. 803(18) Signed by Judge Hewitt.

07-612C • CWT/ALEXANDER TRAVEL, LTD, and CWT/EL SOL TRAVEL, INC., v. THE UNITED STATES

Filed 10/02/2007
Post-Award Bid Protest; Start Date Delay; Cardinal Change; Violation of the Competition in Contracting Act ("CICA") Signed by Judge Firestone.

07-513C • THE CENTECH GROUP, INC., v. THE UNITED STATES

Filed 10/01/2007
Preaward Bid Protest; RCFC 15(a); Leave to Amend Complaint; Futility; Prejudice Signed by Judge Williams.

07-532C • AXIOM RESOURCE MANAGEMENT, INC., v. THE UNITED STATES

Filed 09/28/2007
Administrative Procedure Act, 5 U.S.C. § 706; Bid Protest; Mitigation; Organizational Conflicts of Interest, 48 C.F.R. § 9.5; Permanent Injunction; Public Interest; Standing; Supplementation of the Administrative Record; Technical Evaluation; Tucker Act, 28 U.S.C. § 1491(b)(4) Signed by Judge Braden.

99-4451L, et al. • JOHN H. BANKS, ET AL., v. THE UNITED STATES

Filed 09/28/2007
Taking; Trial of Liability for Erosion of Beachfront Properties South of Harbor Jetties at St. Joseph, Michigan Signed by Judge Hewitt.

07-513C • THE CENTECH GROUP, INC., v. THE UNITED STATES

Filed 09/27/2007
Preaward Bid Protest; Standing; Justiciability; Mootness; Ripeness; Corrective Action; Government Accountability Office; Jurisdiction; RCFC 12(b)(1) Signed by Judge Williams.

98-484C • NORTHERN STATES POWER CO., v. THE UNITED STATES

Filed 09/26/2007
Contract Damages—Costs incurred in the development of an on-site spent fuel dry storage facility qualify as recoverable mitigation damages where the nuclear utility: (i) had reason to know that DOE would not be able to commence timely pick-up of spent nuclear fuel; (ii) would not have developed the facility in the absence of DOE's expected nonperformance; and (iii) acted in a commercially reasonable manner in pursuing the development of the dry storage facility. Specific Costs: Costs incurred in the development of an off-site storage facility, labor and overhead devoted to mitigation efforts, crane upgrades, and the application for a cask transportation license are recoverable; costs incurred for enhanced security are not recoverable. The utility is not required to recognize as an offset to its claim the cost of loading casks that will arise upon DOE's future performance. The cost of capital involved in mitigation efforts are not recoverable. Alternative Theories of Recovery: Claims of breach of an implied contract of good faith and fair dealing and of a Fifth Amendment taking are rejected as alternative bases for relief Signed by Judge Wiese.

03-2684L & 01-568L consolidated • SHELDON PETERS WOLFCHILD, et al., v. THE UNITED STATES

Filed 09/26/2007
Indian trust claims based upon Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; discovery plan and schedule; RCFC 16(b); amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); timeliness of intervention; RCFC 24; certification of interlocutory appeal; 28 U.S.C. § 1292(d)(2)f Signed by Judge Lettow.

07-280C • IRONCLAD/EEI, A Joint Venture, v. THE UNITED STATES

Filed 09/26/2007
Post-Award Bid Protest; Standing to Protest Multiple Award Solicitation; Direct Economic Interest; Waiver of Claims Based Upon Failure to Provide Briefing; Amendment of Solicitation after Selection of Competitive Range; Duty to Treat Offerors Fairly and Equally in Government Procurements Signed by Judge Bush.

06-875C • JAMES R. HEUSS, v. THE UNITED STATES

Filed 09/25/2007
Motion to Dismiss; Rule 12(b)(1); 28 U.S.C. § 2501; Back Pay Claim Barred Under Martinez Signed by Judge Hewitt.

07-407C • TMI MANAGEMENT SYSTEMS, INC., v. THE UNITED STATES

Filed 09/25/2007
Motion for Summary Judgment; Cross-Motion for Summary Judgment; Option Clause Signed by Judge Smith.

07-597C • DATA MANAGEMENT SERVICES JOINT VENTURE, v. THE UNITED STATES

Filed 09/24/2007
Post-Award Bid Protest; RCFC 52.1 Motion for Judgment on the Administrative Record; Protest of Task Order Under Federal Supply Schedule Contract; Evaluation of Quotations; Scope of Federal Supply Schedule Contract Signed by Judge Bruggink.

02-30C, 04-1822C & 05-249C consolidated • AMBER RESOURCES CO., et al., v. THE UNITED STATES

Filed 09/24/2007
RCFC 59(a)(1) Motion for Reconsideration; Restitution and Recission; Duty to Return Property in Substantially the Same Condition; Election of Remedies Signed by Judge Bruggink.

07-562C • ERINYS IRAQ LTD., v. THE UNITED STATES

Filed 09/14/2007
Contracts; pre-award bid protest; best value procurement; competitive range determination; unequal treatment; price realism and reasonableness; prejudice Signed by Judge Miller, C..

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

Filed 09/14/2007
Timber sale contracts, expectancy damages, consequential damages, lost volume seller, cover damages, "hole in the profit pipeline", burden of proof, offset, collateral undertakings; overrun factor; conversion factor; product mix; economic impracticability; gross profit; net profit; manufacturing overhead; administrative overhead Signed by Judge Miller, G..

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