USCFC General Jurisdiction-Reported

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06-806C • PHILLIP S. WOODRUFF, v. UNITED STATES,

Filed 03/18/2008
Jurisdiction; Motion to Dismiss; Money-Mandating Statute; Federal Aviation Administration; Waiver of Indebtedness Signed by Judge Horn.

06-712T • CHARLES W. BASSING, III, v. THE UNITED STATES,

Filed 03/18/2008
Partnership Tax Case; Release of Partner's Deficiency Obligation; "Partnership Item" or "Affected Item;" Court Review Barred by I.R.C. § 7422(h) Signed by Judge Wheeler.

07-744C • INFORMATION SCIENCES CORP., GALLAGHER, HUDSON, HUDSON & HUNSBERGER . . . v. THE UNITED STATES, SYMPLICITY CORPORATION, ...

Filed 03/18/2008
Administrative Procedure Act;5 U.S.C. § § 701, et seq.;"Best Value" Determination; "Competitive Range" Determination;Federal Acquisition Regulation 15.101,15.208, 15.305(a), 15.306, 15.308,15.404-1; 48 C.F.R. § § 15.101, 15.208,15.305(a),15.306, 15.308, 15.404-1;Intervenor as a Matter of Right,RCFC 24(a);Jurisdiction; Motion for Judgment on the Administrative Record, RCFC 52.1;Permanent Injunction;Post-Award Bid Protest,28 U.S.C. § 1491(b)(1);Price Realism Analysis;Res Judicata; RESTATEMENT(SECOND)OF CONTRACTS § § 202(1),203(c) Signed by Judge Braden.

07-145C • STOUT ROAD ASSOCIATES, INC., t/a HILTON PHILADELPHIA CITY AVENUE, v. THE UNITED STATES,

Filed 03/14/2008
Government Contracts; Intern's Lack of Authority to Bind the United States; Ratification Unavailable Where Superiors Lacked Authority; Summary Judgment Signed by Judge Wheeler.

04-1140C • WEST BAY BUILDERS, INC., v. THE UNITED STATES,

Filed 03/14/2008
Requests for Admission; RCFC 36; Deemed Admissions; Motion to Withdraw;Excusable Neglect; Inadvertence; Prejudice Signed by Judge Sweeney.

95-39C • ANCHOR SAVINGS BANK, FSB, v. THE UNITED STATES OF AMERICA,

Filed 03/14/2008
Winstar-Related Case;Foreseeability; Causation;Measure of Damages;Risk Assessment; Lost Profits;Mortgage-Backed Securities;Bank Branches Signed by Judge Block.

07-707C • DAVID WHALEN, et al., v. UNITED STATES,

Filed 03/12/2008
Claims under the Fair Labor Standards Act for compensation for overtime labor; subject matter jurisdiction; duplicating claims; 28 U.S.C. § 1500; joinder of anonymous plaintiffs; more definite statement Signed by Judge Lettow.

04-1727C • HAROLD E. SIX, SR., v. THE UNITED STATES,

Filed 03/12/2008
Motion for Reconsideration; RCFC 59; Request for Correction of Military Records; Post-Traumatic Stress Disorder Signed by Judge Hewitt.

07-32C • BANK OF GUAM, v. THE UNITED STATES,

Filed 03/12/2008
Contracts; breach of contracts;anticipatory repudiation; the Guam Territorial income tax, 48 U.S.C. § 1421i (2000); RCFC 12(b)(1) motion to dismiss; accrual of the statute of limitations; John R. Sand & Gravel v. United States, __ U.S. __, 128 S. Ct. 750 (2008); declaratory relief; issue preclusion; RCFC 12(b)(6) motion to dismiss; exemption from tax imposed by a State or possession of the United States on United States Government Obligations, 31 U.S.C. § 3124 (2000); 31 C.F.R. § § 309.4, 340.3, 345.5 (2007); whether the Guam Territorial Income Tax is a tax imposed by Congress Signed by Judge Miller, C..

07-517C • KERIN MOTORS, INC., v. THE UNITED STATES,

Filed 03/11/2008
Contracts; Contract Disputes Act of 1978, 41 U.S.C. § § 601-13 (2000); breach of contract; RCFC 56 motion for summary judgment; incorporation by reference of terms of tax rider; parol evidence rule; reformation; third-party good faith purchaser for value; summary judgment precluded by dispute of material fact Signed by Judge Miller, C..

05-280C Consolidated • RICHMOND AMERICAN HOMES OF COLORADO, INC.; METROPOLITAN DEVELOPMENT IV, LLC; . . . v. THE UNITED STATES OF AMERICA,

Filed 03/11/2008
National Defense Authorization Act for FY 1993, 10 U.S.C. § 2687 (Section 330); Indemnification for personal injury or property damage claims;State Environmental Compliance Advisory; Direct costs of investigation and remediation; Eichleay (unabsorbed overhead) damages; Markup, historic indirect cost recovery and/or lost profits; Waiver of sovereign immunity for recovery of attorneys fees; Equal Access to Justice Act, 28 U.S.C. § 2412 Signed by Judge Baskir.

92-265C • REPUBLIC SAVINGS BANK, FSB, et al., v. THE UNITED STATES,

Filed 03/06/2008
Summary Judgment; Standing;Damages; Restitution Signed by Judge Smith.

92-265C • REPUBLIC SAVINGS BANK, FSB, et al., v. THE UNITED STATES,

Filed 03/06/2008
Summary Judgment; Standing; Winstar line of cases; FIRREA; 12(b)(6); Breach of Contract; Restitution; Pre-judgment Interest Signed by Judge Smith.

07-691C, 07-741C, 07-747C, 07-760C, 07-761C, 07-766C, 07-771C, and 07-803C • SERCO INC.; CGI FEDERAL INC.; STG, INC.; ARTEL, INC.; ADVANCED TECHNOLOGY SYSTEMS INC.; APPTIS INC.; NORTEL (07-691C)...

Filed 03/05/2008
SERCO INC.; CGI FEDERAL INC.; STG, INC.; ARTEL, INC.; ADVANCED TECHNOLOGY SYSTEMS INC.; APPTIS INC.; NORTEL GOVERNMENT SOLUTIONS, INC.; and THE CENTECH GROUP, INC., Plaintiffs, v. THE UNITED STATES, Defendant, and INDUS CORPORATION; ELECTRONIC DATA SYSTEMS CORPORATION; INTERNATIONAL BUSINESS MACHINES CORPORATION; STANLEY ASSOCIATES, INC.; and GENERAL DYNAMICS ONE SOURCE, LLC, Post-award bid protest; Cross-motions for judgment on the administrative record; Government-wide acquisition contract (GWAC) for technology products and services; Standard of review; Unequal treatment in gathering past performance information; Use of faulty survey process; Failure to take steps to ensure the reliability of survey results; Calculation of technical rankings; False statistical precision - propagation of error rule; Improper weight placed upon imprecise statistics; Failure adequately to consider price; Failure to conduct proper price reasonableness analysis; Tradeoff analysis; Failure to determine properly whether a perceived technical advantage was worth a price premium; Failure to document tradeoff decisions; Irreparable injury; Balance of hardships; Public interest; Injunction setting aside awards issued. Signed by Judge Allegra.

96-760C • NORTHROP GRUMMAN CORPORATION v. UNITED STATES

Filed 03/04/2008
Motion to Compel Production of Documents; Subject Matter Waiver Based on Voluntary Disclosure. Signed by Judge Horn.

07-744C • INFORMATION SCIENCES CORP., v. THE UNITED STATES,

Filed 03/04/2008
Amended Complaint, RCFC 15(a); Competition In Contracting Act, 41 U.S.C. § 253 Signed by Judge Braden.

07-740C • CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. d/b/a CAMSS SHELTERS, v. THE UNITED STATES OF AMERICA,

Filed 03/03/2008
GSA Schedule; Open Market Solicitation; Brand Name or Equal; Salient Characteristics; Qualification Requirement; 10 U.S.C. § 2319; Mootness; Standing; 10 U.S.C. § 2305(b); Completed Contract; Permanent Injunction; Bid Protest and Preparation Costs; Void Ab Initio Signed by Judge Baskir.

05-677C • TAMERLANE, LIMITED, PARK TERRACE LIMITED, PARK TERRACE EAST LIMITED, and MULLICA WEST LIMITED, v. THE UNITED STATES,

Filed 02/29/2008
Contracts; breach of contracts; anticipatory repudiation; Franconia Assocs. v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413 (codified as amended at 42 U.S.C. § § 1485, 1490a (2000)); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988)("ELIHPA"); Housing and Community Development Act of 1992, Pub. L. No. 102-550, 106 Stat. 3672 (codified in relevant part at 42 U.S.C. § 1472(c) (2000)); jurisdiction; statute of limitations; 28 U.S.C. § 2501 (2000); continuing claims doctrine; taking; failure to state a claim Signed by Judge Miller, C..

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