USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

06-496C • ANN M. CHILDERS, M.D., v. UNITED STATES,

Filed 04/30/2008
Motion for Judgment Upon the Administrative Record; Air Force Board for the Correction of Military Records; Medical Examination Board (MEB) Signed by Judge Horn.

05-269C • HARPER/NIELSEN-DILLINGHAM, BUILDERS, INC., v. THE UNITED STATES,

Filed 04/29/2008
Summary Judgment; Severin Doctrine; "no damages for delay" Clause; California Public Contract Code § 7102; California Government Code § 4401 Signed by Judge Firestone.

07-374C • AMERICAN CONTRACTORS INDEMNITY COMPANY, v. THE UNITED STATES,

Filed 04/29/2008
RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Twombly; Matters Outside the Pleadings; Conversion of RCFC 12(b)(6) Motion;Denial of Liability; Surety Bond; 13 C.F.R. § 115.19 Signed by Judge Sweeney.

05-956T - 971T & 06-285T • DAVID S. and MALIA A. LITMAN, et al., v. THE UNITED STATES,

Filed 04/29/2008
Tax; imposition of penalties for substantial understatement and negligence in reporting of federal tax on transfer of restricted stock; 26 U.S.C. ("I.R.C.") § 6662(b), (c), (d)(2000); I.R.C. § 6664(c)(1)(2000); Treas. Reg. § 1.6664-4(b)-(c)(2006) Signed by Judge Miller, C..

07-12L • ROBERT INGRUM, v. THE UNITED STATES,

Filed 04/28/2008
Fifth Amendment Taking; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Duty to Inquire Signed by Judge Williams.

05-1189T • THOMAS H. McGANN, and EVELYN G. McGANN, v. UNITED STATES,

Filed 04/25/2008
Tax refund claim related to enhanced interest assessed under former I.R.C. § 6621(c) previously applicable to "tax motivated transactions" Signed by Judge Lettow.

06-781T • BASIL N. STEPHANATOS, v. THE UNITED STATES OF AMERICA,

Filed 04/21/2008
Motion to Dismiss; RCFC 12(b)(1);RCFC 12(b)(6); Tucker Act; 28 U.S.C. § 1491; Not-for-Profit Activities; I.R.C. § 183(c); I.R.C. § 6512(a); Tax Court Jurisdiction; Refund Claim;Deficiency Notice; Res Judicata; Tort Damages; First, Fourth, Fifth, Fourteenth Amendments; Declaratory and Injunctive Relief Signed by Judge Baskir.

03-1613 C • BELL BCI COMPANY, v. THE UNITED STATES,

Filed 04/21/2008
Building Construction; Cumulative Impact/Labor Inefficiency Claim; Effect of Multiple Changes on Unchanged Work; CPM Schedule Analysis; Delay Damages; Accord and Satisfaction; Liquidated Damages Signed by Judge Wheeler.

93-648X • LAND GRANTORS IN HENDERSON,UNION, and WEBSTER COUNTIES,KENTUCKY and THEIR HEIRS, v. THE UNITED STATES,

Filed 04/18/2008
Class Action;Congressional Reference, 28 U.S.C. § 2509;Estimated Damages;Interest On Claims Against Government,28 U.S.C. § 2516(a);"Lost Use" Value; Mutual Mistake;RESTATEMENT (SECOND)OF CONTRACTS § § 152,154(a),(c), 158(1),352(a),384; RESTATEMENT(FIRST)OF RESTITUTION § § 1,157(1)(a); Restitution; Unjust Enrichment Signed by Judge Braden.

04-458V • DANIEL T. BETANCOURT, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 04/16/2008
Motion to Dismiss or to Strike; Untimeliness of Motion for Review; National Childhood Vaccine Injury Act of 1986,codified as amended at 42 U.S.C. § § 300aa-1 to 300aa-34(2000 & Supp. IV 2004)("Vaccine Act"); RCFC, App. B,Vaccine Rule 23 Signed by Judge Miller, G..

02-60T • RONALD C. & MARY G. PRATI, v. THE UNITED STATES OF AMERICA,

Filed 04/16/2008
Statutory Interpretation; 26 U.S.C. § § 6221, 6229, 6231,6404, 7422; Jurisdiction; TEFRA; Untimely Assessment; Tax-Motivated Transaction; Abatement Signed by Judge Block.

06-87L • SCHOONER HARBOR VENTURES, INC., v. UNITED STATES

Filed 04/15/2008
Motion for Summary Judgment; Fifth Amendment Taking; Compensable Property Interest Signed by Judge Horn.

07-248C • MELISSA ADDE, v. THE UNITED STATES

Filed 04/15/2008
Civilian Pay; Post Allowance for Overseas Work Station, 5 U.S.C. § 5924(1)(2000); the Back Pay Act, 5 U.S.C. § 5596(2000); No Equitable Relief from 28 U.S.C. § 2501 (2000 & Supp. V 2005); Department of State Standardized Regulations (DOSSR) § 220; Continuing Claim Doctrine; Plaintiff's Burden to Establish Subject Matter Jurisdiction Signed by Judge Bush.

08-21C • SAVANTAGE FINANCIAL SERVICES, INC. v. THE UNITED STATES

Filed 04/15/2008
Motion for Judgment on the Administrative Record; RCFC 52.1; Jurisdiction; 41 USC § 253(a); Standing;Procurement; Sole Source Procurement;Brand Name Justification; Supplementation of the Administrative Record Signed by Judge Futey.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES INC., v. THE UNITED STATES,

Filed 04/14/2008
Doctrine of Double Patenting;Doctrine of Obviousness-Type Double Patenting; Invention Secrecy Act, 35 U.S.C. § § 181-88; Jurisdiction; Patent Act, 35 U.S.C. § § 102(f), (g),103 112, 154(b); Secrecy Order; Standing; 37 C.F.R. § § 1.78(b), 1.83, 5.1; RCFC 12(b)(1) Signed by Judge Braden.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES INC., v. THE UNITED STATES,

Filed 04/14/2008
Anticipation, 35 U.S.C. § 102(a), (b); Best Mode; Definiteness, 35 U.S.C. § 112 ¶ 2; Disclosure, 35 U.S.C. § 112 ¶ 1; Enablement; "First Sale" Doctrine; Implied License;Inequitable Conduct;Jurisdiction;Obviousness;Ordinary Skill In The Art; Patent Act, 35 U.S.C. § § 102(a),(b),112, 282; Patent Infringement Defenses;Prior Art;Prosecution Laches;Secondary Considerations;Teaching Away;Validity, 35 U.S.C. § 282 Signed by Judge Braden.

07-367C • ARTHUR H. KRUPNICK, v. THE UNITED STATES,

Filed 04/09/2008
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Motion for Summary Judgment; RCFC 56; Authority of Special Agent and/or Supervisory Special Agent to Approve Award to IRS Informant Signed by Judge Hewitt.

06-383T • HARRY G. SCHORTMANN, JR., and JACQUELINE SCHORTMANN, v. THE UNITED STATES,

Filed 04/09/2008
Contract action; Motion for summary judgment; Interest deriving from an overassessment based on an IRS Form 870-AD; Sovereign immunity; Library of Congress v. Shaw; 26 U.S.C. § 6611; Construction of agreement; 26 U.S.C. § 1341 - claim of right; 26 U.S.C. § 1311 - mitigation; Form 870-AD either ambiguous or missing an essential term; Extrinsic evidence permitted; Material questions of fact preclude granting summary judgment Signed by Judge Allegra.

07-582C Consolidated Lead Case • INFRASTRUCTURE DEFENSE TECHNOLOGIES, LLC, v. THE UNITED STATES,

Filed 04/07/2008
Pre-award bid protest; subject matter jurisdiction; standing; prejudice; waiver; bridge contract; sole source supply contract; crossmotions for judgment on the administrative record; motion to dismiss; one responsible source exception to the Competition in Contracting Act; standard of review; national defense and security Signed by Judge Merow.

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