USCFC General Jurisdiction-Reported

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00-40C • GENERAL MOTORS CORPORATION, v. THE UNITED STATES

Filed 09/14/2007
Original CAS 413.50(c)(12), 48 C.F.R. § 9904.413-50(c)(12), requires use of actuarial assumptions developed under CAS 412.40(b)(2), 48 C.F.R. § 9904.412-40(b)(2), absent a plan termination; "actuarial liability," CAS 413.30(a)(4), CAS 412.30(a)(5); "actuarial cost method," CAS 413.30(2), CAS 412.30(a)(3); "actuarial assumption," CAS 413.30(1), CAS 412.30(2); "actuarial gain and loss," CAS 413.30(a)(3), CAS 412.30(a)(4) Signed by Judge Firestone.

05-503T • HOSPITAL SERVICES ASSOCIATION OF NORTHEASTERN PENNSYLVANIA, v. THE UNITED STATES

Filed 09/14/2007
Blue Cross/Blue Shield Entity; Tax Reform Act of 1986; Fresh Start Basis Rule; Loss Deductions for Terminated Healthcare Coverage Contracts; Change in Accounting Method Signed by Judge Wheeler.

06-491L • WALLACE OENGA, et al., v. THE UNITED STATES

Filed 09/13/2007
Motion to compel inspection/production of documents; RCFC 37(a), 56(f); relevance, RCFC 26 Signed by Judge Damich.

05-1193C, 06-0296C • ARKO EXECUTIVE SERVICES, INC.,v. THE UNITED STATES

Filed 09/12/2007
Cross-motions for summary judgment;Contract Disputes Act; Extension of contract - whether extension should be viewed as having been made under FAR § 52.217-8 (option to extend service) or FAR § 52.237-3 (continuity of service); FAR § 52.217-9(c) - total duration clause involving options not a limit on the use of other FAR extension provisions; Storage Technology followed Signed by Judge Allegra.

03-2811C • UNITED STATES FIRE INSURANCE CO., v. THE UNITED STATES

Filed 09/12/2007
Trial; Equitable Subrogation Claim by Surety; Progress Payments; Government Abuse of Discretion Signed by Judge Horn.

07-90L • R&D DYNAMICS CORPORATION, v. THE UNITED STATES

Filed 09/12/2007
Bid Protest; Motion to Dismiss; Rule 12(b)(1); Cross Motions for Judgment on the Administrative Record, Rule 52.1; Whether Plaintiff's Failure to Obtain SBIR Phase II Award Occurred "in connection with a procurement or a proposed procurement"; 28 U.S.C. § 1491(b)(1)(2000) Signed by Judge Hewitt.

07-55C • CHE CONSULTING, INC., v. THE UNITED STATES

Filed 09/12/2007
Pre-award Bid Protest; Challenge to Agency's Merger of Hardware and Software Maintenance Requirements; Rational Basis Test; Supplementation of the Administrative Record Signed by Judge Wheeler.

04-461C • CADDELL CONSTRUCTION CO., INC. v. THE UNITED STATES

Filed 09/07/2007
Construction Contract, Design Specification, Breach of Implied Warranty, Causation, Superior Knowledge Signed by Judge Futey.

07-542C • JAMES A. FULLARD, SR., v. THE UNITED STATES

Filed 08/31/2007
Pro Se Plaintiff; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Sua Sponte Dismissal for Lack of Subject Matter Jurisdiction; Civil Rights Act; Improper Parties; Fraud; Fourth, Fifth, and Eleventh Amendments; Frivolous; 28 U.S.C. § 1915A Signed by Judge Sweeney.

03-1433L • THE UNITED KEETOOWAH BAND of CHEROKEE INDIANS of OKLAHOMA, v. THE UNITED STATES

Filed 08/31/2007
Permissive Intervention; Independent Subject Matter Jurisdiction; RCFC 24(b)(2) Signed by Judge Firestone.

07-518C & 07-519C • SUPERIOR HELICOPTER LLC and RANIER HELI-LIFT, INC., v. THE UNITED STATES

Filed 08/30/2007
Override determination by Forest Service of stay arising with post-award bid protests; 31 U.S.C. §3553(d)(3)(C); helicopter firefighting services; "exclusive use" contracts; "call when needed" contracts; motions for judgment on the administrative record; trial on equitable issues; declaratory relief Signed by Judge Lettow.

03-2047C • PDR, INC., v. THE UNITED STATES

Filed 08/30/2007
Motion for summary judgment, absence of genuine issue of material fact, contract interpretation, dismissal for lack of subject matter jurisdiction, quantum meruit, failure to exhaust administrative remedies, Cooperative Research and Development Agreement, disputes clause, Fifth Amendment taking, accord and satisfaction, consideration Signed by Judge Miller, G..

07-181T • DAVID N. RUSSELL, v. THE UNITED STATES

Filed 08/29/2007
Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Money-Mandating Source; Anti-Injunction Act; Fifth Amendment Due Process Clause; Fourth Amendment; Fifth Amendment Takings Clause Signed by Judge Hewitt.

06-734C • LAURELWOOD HOMES LLC, v. THE UNITED STATES

Filed 08/29/2007
Contracts;Motion to Dismiss; RCFC 12(b)(6); 31 U.S.C. § 3901 et seq.(2000); Prompt Payment Act Interest Signed by Judge Damich.

07-313V • TERRY ALLEN JONES, v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/29/2007
National Vaccine Compensation Program; Statute of Limitations; Unavailability of Equitable Tolling Signed by Judge Hewitt.

06-495C • NORTH HARTLAND, L.L.C., v. THE UNITED STATES

Filed 08/27/2007
Contracts; jurisdiction; motion to dismiss; conversion of motion to dismiss under RCFC 12(b); well-pleaded complaint; privity of contract Signed by Judge Miller, C..

98-533T & consolidated cases 98-5330T • EUNICE GINGERICH, Executor of the Estate of Fenton Gingerich, et al v. THE UNITED STATES

Filed 08/24/2007
Order for final judgment; refund of taxes paid on assessment made by IRS after time for making assessment had expired; refund of enhanced interest paid under former I.R.C. § 6621(c); application of I.R.C. § 6229(f)(1); substitution of representatives for deceased parties; RCFC 25(a)(1) Signed by Judge Lettow.

07-216C • BRIAN X. SCOTT, pro se, v. THE UNITED STATES

Filed 08/23/2007
Contracts; pre-award bid protest; standing; 28 U.S.C. § 1491(b)(1) (2000); subject matter jurisdiction under RCFC 12(b)(1); "interested party"; Anti-Pinkerton Act, 5 U.S.C. § 3108 (2000); 48 C.F.R. § 37.109 2006) Signed by Judge Miller, C..

99-2051C • ATHEY, ROBERT M., et al., v. THE UNITED STATES

Filed 08/23/2007
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Statute of Limitations; Laches; 5 U.S.C. § 5551; 38 U.S.C. § § 7401-7474; Lump-sum Payment; Basic Pay; Premium Pay Signed by Judge Smith.

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

Filed 08/22/2007
Tax; tax refund; valuation of restricted stock options; judicial estoppel; judicial admission; liability for penalties Signed by Judge Miller, C..

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