USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-872C • JEAN-ROBIN SOLOW, et al., v. THE UNITED STATES

Filed 08/21/2007
Motion to Dismiss: RCFC 12(b)(1); Statute of Limitations; Laches; Res Judicatars Signed by Judge Smith.

05-515T • COMCATION, INC., v. THE UNITED STATES

Filed 08/17/2007
Trial; Excise tax refund suit; Internet service provider - use of primary rate interface (PRI) services lines to connect customers from different local telephone systems to network; Communications excise tax of section 4251 of the Internal Revenue Code of 1986; PRI lines taxable as "local telephone service" within the meaning of section 4251(b) of the Code; PRI lines not exempt from tax as a "private communications service" within the meaning of section 4252(d) of the Code; USA Choice not followed Signed by Judge Allegra.

02-1041T & 04-1598T • LYMAN F. BUSH, et al., v. THE UNITED STATES

Filed 08/17/2007
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § § 6221-6233; Statutory Notice of Deficiency Signed by Judge Bruggink.

06-427C & 07-365C • BERNARD d'ABRERA and HILL HOUSE PUBLISHERS PTY LTD., v. THE UNITED STATES

Filed 08/15/2007
Claims of copyright infringement; 28 U.S.C. § 1498(b); related actions pending in different courts; 28 U.S.C. § 1500; different operative facts; consolidation; RCFC 42 Signed by Judge Lettow.

05-595C • NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC., v. THE UNITED STATES

Filed 08/14/2007
Contracts; Summary Judgment, RCFC 56(c); Breach of Warranty; Incorporation by Reference Signed by Judge Damich.

07-492C • GRUNLEY WALSH INTERNATIONAL, LLC.v. THE UNITED STATES

Filed 08/13/2007
RCFC 52.1; Motion for Judgment on the Administrative Record; 22 U.S.C. § 4852; 22 § 4864; Total Business Volume; Plain Meaning; Legislative History; Due Deference Signed by Judge Futey.

07-276C • DAVID MANUEL, v. THE UNITED STATES

Filed 08/10/2007
Motion for Summary Dismissal, RCFC 12(b)(1); Pro Se; Standing; Subject Matter Jurisdiction; Tucker Act, 18 U.S.C. § 1491(a)(1); 18 U.S.C. § 1038 Signed by Judge Braden.

02-1078L • GARY BAILEY, v. THE UNITED STATES

Filed 08/10/2007
Fifth Amendment; regulatory takings; summary judgment; ripeness; Section 404 of the Clean Water Act, 33 U.S.C. § 1344; final agency decision; validity of government action; contract for deed under Minnesota law; Anti-Assignment Act, 31 U.S.C. § 3727; Dow rule; owners entitled to just compensation; liens as property interests Signed by Judge Wolski.

06-747C • JERRY P. McNEIL v. THE UNITED STATES

Filed 08/09/2007
RCFC 12(b)(1); Income Tax Levy; Civil Service Retirement Annuity; Internal Revenue Service; Office of Personnel Management; Vested Rights Signed by Judge Sweeney.

06-54C • PRAECOMM, INC. v. THE UNITED STATES

Filed 08/09/2007
Contract dispute; termination for convenience; contract interpretation; covenant of good faith and fair dealing; summary judgment Signed by Judge Lettow.

05-231T • JZ BUCKINGHAM INVESTMENTS LLC v. THE UNITED STATES

Filed 08/09/2007
Motion to quash; motion to compel; subpoena; 30(b)(6) deposition; production of documents; RCFC 26; RCFC 45; Fed. R. Evid. 408; Fed. R. Evid. 501; relevance; attorney-client privilege; work product privilege; settlement privilege; undue burden; non-party status; tax partnership; tax shelter; sham transactions; calculation of tax penalty Signed by Judge Damich.

07-220C • SHIRLINGTON LIMOUSINE & TRANSPORTATION, INC., v. THE UNITED STATES

Filed 08/09/2007
Bid Protest; HUBZone Act, 15 U.S.C. § 657a, 48 C.F.R. § 19.1305; Motion for Partial Reconsideration, RCFC 59 Signed by Judge Braden.

04-1792C • A. A. B. JOINT VENTURE v. THE UNITED STATES

Filed 08/08/2007
Motion for reconsideration; summary judgment; defective specifications; soil compaction; density testing; reliance; hearsay evidence; drawing inferences Signed by Judge Damich.

06-113C • OAK ENVIRONMENTAL CONSULTANTS, INC. v. THE UNITED STATES

Filed 08/06/2007
Motion for Summary Judgment; Suspension of Performance; Definite or Indefinite Suspension; Termination for the Convenience of the Government; Eichleay Overhead Allocation. Signed by Judge Horn.

06-288C • THE PEOPLE OF BIKINI, by and through the Kili/Bikini/Ejit Local Government Council, v. THE UNITED STATES

Filed 08/02/2007
Takings; contracts; 28 U.S.C. § 2501 (2000); subject matter jurisdiction; statute of limitations; equitable tolling; equitable estoppel; Compact of Free Association Act, Pub. L. No. 99-239, 99 Stat. 1770 (1986); res judicata; withdrawal of jurisdiction; doctrine of constitutional avoidance; political question Signed by Judge Miller, C..

02-780V • SUSAN IANNUZZI, parent of Peter Iannuzzi, a minor, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 08/02/2007
National Childhood Vaccine Injury Act; Attorneys' Fees; Special Master's Authority; Interim Fees; Incurred In Proceedings; General Autism Causation Signed by Judge Futey.

06-289L • ISMAEL JOHN, et al., for Themselves and for a Class Consisting of the People of Enewetak, v. THE UNITED STATES

Filed 08/02/2007
Takings; contracts; 28 U.S.C. § 2501 (2000); subject matter jurisdiction; statute of limitations; equitable tolling; equitable estoppel; Compact of Free Association Act, Pub. L. No. 99-239, 99 Stat. 1770 (1986); res judicata; withdrawal of jurisdiction; doctrine of constitutional avoidance; political question Signed by Judge Miller, C..

07-243C • THE RAVENS GROUP, INC., v. THE UNITED STATES

Filed 08/02/2007
Bid protest; source selection criteria; corrective action; agency discretion; finding of responsibility, 48 C.F.R. 9.105-2(b); duty to investigate; exercise of options, 48 C.F.R. 17.207(c)(1); prejudice Signed by Judge Baskir.

04-1736T • AMERICAN AIRLINES, INC., v. THE UNITED STATES

Filed 07/31/2007
Affirmative Defenses, RCFC 8(c); Agricultural Quarantine Inspection User Fee Statute, 21 U.S.C. § 136(a); Debt Collection Improvement Act, 31 U.S.C. § 3717; Equitable Estoppel; Federal Claims Collection Standards, 31 C.F.R. § 901.9(d); Illegal Exaction; Immigration User Fee Statute, 8 U.S.C. § 1356, et seq.; Interest; Penalties; Waiver; 8 U.S.C. § 1356(f)(3); 8 C.F.R. § 286.5(b) Signed by Judge Braden.

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