USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago

05-448C • RAYTHEON COMPANY V. THE UNITED STATES

Filed 07/16/2012
Contract Disputes Act (“CDA”) claims; Cost Accounting Standards (“CAS”) segment closing adjustments, 48 C.F.R. § 9904.413-50(c)(12); Segment closing adjustments not barred by standard FAR 42.1204(i) form novation agreement absent express language otherwise; CAS 413-50(c)(5) requires “readily determinable data” and assumptions supported by facts; Portions of segments are not themselves segments under CAS 413-30(a)(19); Jurisdiction over government claims for equitable adjustments and set-offs is lacking without a final contracting officer’s decision under 41 U.S.C. § 605(a). Signed by Judge Firestone.

11-857L • TRINCO INVESTMENT COMPANY, and KATHLEEN G. ROSE, TRUSTEE OF THE V&M ROSE – MARITAL TRUST V. THE UNITED STATES

Filed 07/16/2012
Fifth Amendment Taking; Motion to Dismiss, RCFC 12(b)(6); Fire Prevention Liability; Background Principles of Law Limiting Compensation, Lucas v. S.C. Coastal Council Signed by Judge Futey.

11-596C • DAVID MARK RIVERA V. THE UNITED STATES

Filed 07/12/2012
Jurisdiction, RCFC 12(b)(1), RCFC 12(b)(6); Pro Se; “Redemption”; “Sovereign Citizen Movement”; 28 U.S.C. § 2042 (2006); 31 U.S.C. §§ 1321(b)(1), 1322 (2006). Signed by Judge Braden.

07-678 C • SYSTEM PLANNING CORPORATION V. THE UNITED STATES

Filed 07/12/2012
Contract Disputes Act; Rights to Payment Contained in Option Clause Do Not Accrue Where Option Was Never Exercised by the Government Signed by Judge Hewitt.

11-740C • CBY DESIGN BUILDERS V. THE UNITED STATES

Filed 07/11/2012
Bid protest; granting plaintiff’s motion to amend protective order; use of information for other protests concerning same procurement; government already allowed unrestricted use of information; leveling playing field; avoiding waste of paper; equal treatment of government and private counsel. Signed by Judge Wolski.

06-150C • VERIDYNE CORPORATION V. THE UNITED STATES

Filed 07/06/2012
Contracts; breach of contract; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2011) (“CDA”); common law fraud; special plea in fraud, 28 U.S.C. § 2514 (2006); False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2) (2006); CDA counterclaim, 41 U.S.C.A. § 7103(a)(3) (2011). Signed by Judge Miller, C..

11-799L • STUEVE BROS. FARMS, LLC, et al. V. THE UNITED STATES

Filed 07/02/2012
Judgment for United States That No Taking by Flooding Occurs Absent Actual Flooding; Mere Apprehension of Flooding is an Incident of Ownership Signed by Judge Hewitt.

11-779C • STARR INTERNATIONAL COMPANY, INC. V. THE UNITED STATES

Filed 07/02/2012
Shareholder Direct and Derivative Claims Arising From Government Bailout of Distressed Entity; Fifth Amendment Takings Claims; Government’s Motion to Dismiss Pursuant to RCFC 12(b)(1) and 12(b)(6); 28 U.S.C. § 1500; Equal Protection and Due Process Claims; Standing; Unconstitutional Condition Claim; Illegal Exaction Claim. Signed by Judge Wheeler.

07-451V • MARILYN DAVIS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/29/2012
Review of special master’s decision regarding an award of attorneys’ fees and costs in a vaccine case; reasonable basis for appeal of decision on entitlement; 42 U.S.C. § 300aa-15(e); reductions in allowable attorneys’ hours; viability of alternative holding regarding attorneys’ fees on appeal; costs for the appeal Signed by Judge Lettow.

06-28T • RADIOSHACK CORPORATION, et al. V. THE UNITED STATES

Filed 06/29/2012
Communications Excise Tax; Tax Refund Action; Motion for Class Certification; Lack of Jurisdiction Over Claims of Putative Class Members; Interest; Overpayment; Scheduling of an Over-Assessment; 26 U.S.C. §§ 7422(a), 6532(a)(1), 6611(a), 6621; RCFC 23; Numerosity. Signed by Judge Williams.

07-154C • NORMAN H. COHEN, Ed.D. V. THE UNITED STATES

Filed 06/27/2012
Summary Judgment; Copyright Infringement; Willful Infringement; Statutory Damages Under 28 U.S.C. § 1498(b); Number of Works Signed by Judge Hewitt.

11-491C • THOMAS J. SCHNABLE V. THE UNITED STATES

Filed 06/27/2012
Military Pay; Collateral Review of Court-Martial Conviction; Sixth Amendment Right to Counsel; Subject Matter Jurisdiction; Exhaustion of Military Remedies; Writ of Coram Nobis Signed by Judge Damich.

12-71C • BINL, INC., et al. V. THE UNITED STATES

Filed 06/26/2012
Pre-Award Bid Protest; Standing; Prudential Standing; Military Personal Property Transportation Contract Rate Solicitations; Carmack Amendment, 49 U.S.C. § 14706; Declaratory and Injunctive Relief Awarded Signed by Judge Firestone.

12-137C • MAURICE A. SYKES V. UNITED STATES

Filed 06/25/2012
Requests for certificate of innocence and damages under 28 U.S.C. §§ 1495, 2513; motion to dismiss; failure to state a claim for damages when requirements of 28 U.S.C. § 2513 are unfulfilled; absence of subject matter jurisdiction over tort claims and alleged constitutional violations Signed by Judge Lettow.

09-121L • LARRY J. RHUTASEL, TRUSTEE OF THE MARJORIE E. RHUTASEL REVOCABLE TRUST AND THE LARRY J. RHUTASEL DELCALARTION TRUST, et al. V. THE UNITED STATES

Filed 06/22/2012
Rails to Trails; Scope of Easement; Railroad Purposes; Interim Trail Use and Railbanking; Iowa Law Signed by Judge Smith.

12-346C • ELMENDORF SUPPORT SERVICES JOINT VENTURE V. THE UNITED STATES

Filed 06/22/2012
Bid protest; in-sourcing; proposed procurement; Distributed Solutions; prudential standing; 10 U.S.C. § 129a; 10 U.S.C. § 2463; preliminary injunction Signed by Judge Bruggink.

12-376T • BARRY L. COX and JANIS L. COX V. THE UNITED STATES

Filed 06/22/2012
Summary Dismissal; Subject Matter Jurisdiction; Tax Protestor Signed by Judge Sweeney.

09-515L • MACY ELEVATOR, INC. V. THE UNITED STATES

Filed 06/21/2012
“Rails-to-Trails” Case; Just Compensation Valuation Method; “Before and After” Valuation Under the Trails Act; Indiana State Law Governing Termination of Easements Signed by Judge Firestone.

01-441C • RED RIVER COAL COMPANY, INC. V. THE UNITED STATES

Filed 06/21/2012
Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, 91 Stat. 445 (codified as amended at 30 U.S.C. §§ 1201–1328); Consolidation Coal Co. v. United States, No. 01-254C (Fed. Cl. filed Apr. 27, 2001); abandoned mine land (“AML”) fee is not unconstitutional; Export Clause provides a self-executing cause of action; AML fee does not violate the Takings Clause; Court of Federal Claims has Tucker Act jurisdiction over claims alleging the AML fee violates the Export Clause; summary judgment; claims barred by controlling precedent. Signed by Judge Miller, G..

11-453C • SUFI NETWORK SERVICES, INC. V. THE UNITED STATES

Filed 06/18/2012
Non-Appropriated Funds Activity; Recovery of Legal Costs; Whether to Afford Preclusive Effect to ASBCA Decisions; Review of FAR §§ 33.205-33, 33.205-47; Federal Circuit’s Bill Strong Decision; Distinction Between Claim Prosecution Costs and Contract Administration Costs; Application of FAR to NAFI Contract. Signed by Judge Wheeler.

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