USCFC General Jurisdiction-Reported

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05-490C • SSA MARINE, INC., v. THE UNITED STATES

Filed 07/31/2007
Contracts; 41 U.S.C. § 254(b); motion for partial summary judgment; RCFC 56; whether a contract is entirely cost-plus-fixed-fee Signed by Judge Damich.

06-602C • ALAN JANASKIE, v. THE UNITED STATES

Filed 07/31/2007
Subject Matter Jurisdiction; Failure to State a Claim Upon on Which Relief Can Be Granted; Responsible Advocacy; RCFC 83.2 Signed by Judge Williams.

06-446C • LEROY D. POPE, v. THE UNITED STATES

Filed 07/31/2007
Subject Matter Jurisdiction; Failure to State a Claim Upon Which Relief Can Be Granted; Responsible Advocacy Signed by Judge Williams.

07-155C • GEO-SEIS HELICOPTERS, INC., v. THE UNITED STATES

Filed 07/30/2007
Post-award bid protest; Military Sealift Command; solicitation for vertical replenishment services; cross-motions for judgment on the administrative record; Federal Acquisition Regulation's "late is late" rule; FAR § 15.208(b)(1); FAR § 52.215-1(c)(3)(ii)(A); amendments to solicitation; FAR § 15.206; injunctive relief Signed by Judge Lettow.

06-695C • BRICKWOOD CONTRACTORS, INC., v. THE UNITED STATES

Filed 07/30/2007
Statute of limitations; subject matter jurisdiction vs. failure to state a claim upon which relief can be granted; Tucker Act; Contract Disputes Act; waiver of sovereign immunity; contracting officer's final decision; default termination; date of receipt by the contractor of facsimile; fax confirmation sheet Signed by Judge Damich.

06-96C • DENNIS W. JORDAN, v. THE UNITED STATES

Filed 07/30/2007
Claim of Income Tax Settlement; Offer and Acceptance; Lack of Authority of IRS Offer Specialist; Lack of Jurisdiction Where Taxpayer Has Failed to Pay Taxes or File Administrative Claim for Refund; Anti-Injunction Act; Treatment of Rule 12(b)(6) Motion to Dismiss as Motion for Summary Judgment Signed by Judge Wheeler.

06-658C • TIMOTHY ESCH, PAUL ESCH, DAVID ESCH, REGINA WORTHINGTON, RAYMOND ESCH, JUDY ESCH BROWN, DONALD ESCH, and L J FARMS, ...

Filed 07/27/2007
TIMOTHY ESCH, PAUL ESCH, DAVID ESCH, REGINA WORTHINGTON, RAYMOND ESCH, JUDY ESCH BROWN, DONALD ESCH, and L J FARMS, a Partnership, v. THE UNITED STATES Equitable Tolling; Res Judicata; Settlement Agreement; Statute of Limitations, 28 U.S.C. § 2501 Signed by Judge Braden.

03-287C • ASSET 42302 LLC, v. THE UNITED STATES

Filed 07/27/2007
Affirmative Defense, RCFC 8(c); Contract Disputes Act, 41 U.S.C. § 601 et seq.; Holdover Tenancy; Summary Judgment; RESTATEM ENT (SECOND) OF PROPERTY: LANDLORD & TENANT (1977); Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.

06-598T • FOUR RIVERS INVESTMENTS, INC., v. THE UNITED STATES

Filed 07/27/2007
Tax; Challenges to Tax Levies and Tax Lien-Related Collections; 11 U.S.C. § 362(b)(9)(D) (2000); 26 U.S.C. § § 6325(b), 6532(c), 7426(a)(4) (2000); 28 U.S.C. § 1346(a)(1) (2000); Jurisdiction; Equitable Tolling; IRS Tax Assessments Exempt from Bankruptcy's Automatic Stay; United States v. Williams, 514 U.S. 527 (1995); Exclusiveness of Remedy for Obtaining Judicial Review of an IRS Tax Lien Placed on a Third Party's Real Property; Threshold Jurisdictional Inquiry as Part of Injunctive Relief Analysis Signed by Judge Bush.

06-502C • YVONNE GARREAUX, v. THE UNITED STATES

Filed 07/27/2007
Motion to dismiss; breach of lease agreement; "bad men" provision; Article I of the 1868 Fort Laramie Treaty; Mutual Help and Occupancy Agreement; Mutual Help Homeownership Opportunity Program; Cheyenne River Housing Authority; Bureau of Indian Affairs; HUD Signed by Judge Damich.

05-1259C • SHEILA NICHOLSON, and SHELLEY NICHOLSON, and RICHARD HIRSTSUS, v. THE UNITED STATES

Filed 07/27/2007
Tucker Act Jurisdiction, 28 U.S.C. § 1491(a)(1); Cases Sounding in Tort; Takings Clause, U.S. CONST. amend. V; Inverse Condemnation; Distinguishing Between a Taking and a Tort Signed by Judge Baskir.

06-829C • URMILA BANERJEE, v. THE UNITED STATES

Filed 07/26/2007
Motion to Dismiss; Motion for Judgment Upon the Administrative Record; Military Disability Retirement; Veteran's Administration Disability Ratings Signed by Judge Horn.

06-509C • CHRISTOPHER R. PHILLIPS, v. THE UNITED STATES

Filed 07/25/2007
Title VII; Settlement Agreement; Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Money-Mandating Source; RCFC 15(a) Leave to Amend; 28 U.S.C. §1631; Retransfer to the District Court; Whipsaw Litigation Positions of the Government Signed by Judge Hewitt.

06-714L • SAGUARO CHEVROLET, INC., v. THE UNITED STATES

Filed 07/25/2007
Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Contract; Lack of Privity; Indian Lessor Signed by Judge Hewitt.

05-243C • KEETER TRADING COMPANY v. THE UNITED STATES

Filed 07/19/2007
Capacity to Sue; ContractDisputes Act of 1978, 41 U.S.C. § 601 et seq.; Breach of Contract; Duty to Perform; Cardinal Change Doctrine; Repudiation; Conversion of Termination for Default to Termination for the Convenience of the Government. Signed by Judge Bush.

06-306C • TERESA KIM LANGE v. THE UNITED STATES

Filed 07/19/2007
Equal Pay Act; Statute of Limitations; 29 U.S.C. § 255; Continuing Violation Doctrine; Equitable Tolling; Equitable Estoppel Signed by Judge Williams.

07-213L • CHIEF WAR EAGLE FAMILY ASSOCIATION & TREATY OF 1837 & 1917 REINSTATEMENT v. THE UNITED STATES

Filed 07/18/2007
RCFC 83.1(c)(8); Immediate Family Representation Signed by Judge Smith.

05-296T • GRAPEVINE IMPORTS, LTD., and T-TECH, INC., as Tax Matters Partner, v. THE UNITED STATES

Filed 07/17/2007
TEFRA partnership proceeding; Six-year statute of limitations under section 6501(e)(1)(A) of the Internal Revenue Code; Application of section 6501(e)(1)(A) where taxpayer allegedly understates gross income owing to an overstatement of basis; Colony - section 275(c) of the 1939 Code; Binding precedent; Colony rationale applicable to construction of 1954 Code provision; Overstating basis of property sold not an omission for purposes of section 6501(e)(1)(A); 1999 assessments time-barred under section 6501(a) of the Code; 2000 assessments unaffected. Signed by Judge Allegra.

07-377C • MOORE'S CAFETERIA SERVICES, d/b/a MCS MANAGEMENT v. THE UNITED STATES

Filed 07/13/2007
Bid Protest; Waiver of Challenges to Terms of Solicitation; Independent Government Estimate; Price Reasonableness; Proof of Prejudice. Signed by Judge Firestone.

06-432C • CONTINENTAL AIRLINES, INC. v. THE UNITED STATES

Filed 07/12/2007
Illegal Exaction Claim; Agricultural Quarantine Inspection User Fee, 21 U.S.C. § 136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq. Signed by Judge Margolis.

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