USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-1277C • ROBERT JAMES WALTON v. THE UNITED STATES

Filed 01/23/2008
Copyright Infringement; RCFC 12(b)(1); Jurisdiction; Copyright Registration, 17 U.S.C. § 411(a); Supplemental Complaint; 28 U.S.C. § 1498(b); Blueport Co.; Definition of Employee; Definition of Service; Federal Inmate; Federal Prison Industries; Community for Creative Non-Violence. Signed by Judge Sweeney.

01-639C • BANNUM, INC. v. UNITED STATES

Filed 01/23/2008
Breach of contract; motion for summary judgment; contractual duty to cooperate; withholding of superior knowledge; costs of responding to negotiation requests; amendment of complaint. Signed by Judge Lettow.

07-653C • NOVA EXPRESS, v. UNITED STATES OF AMERICA

Filed 01/22/2008
Motion for reconsideration; Dismissal for lack of prosecution; Application of RCFC 83.1(c)(8) to a sole proprietorship; 28 U.S.C. § § 1654, 1915; RCFC 17 - capacity to sue; Capacity of a sole proprietorship recognized under Texas law to sue or be sued; Case involving sole proprietorship formed under Texas law should be prosecuted in the name of the owner; Motion to amend complaint Signed by Judge Allegra.

07-35L • PALMYRA PACIFIC SEAFOODS, L.L.C., PALMYRA PACIFIC ENTERPRISES, L.L.C., PPE LIMITED PARTNERSHIP and FRANK SORBA v THE US

Filed 01/22/2008
Takings; RCFC 12(b)(6) motion to dismiss; whether license is property interest; whether government action closing refuge to fishing took license to use land for commercial fishing operations. Signed by Judge Miller, C..

03-1677C • WILLIAM P. GREENE, v. THE UNITED STATES

Filed 01/22/2008
Signed by Judge Wolski.

05-1163C • MARSHALL KENNETH FLOWERS v. THE UNITED STATES

Filed 01/18/2008
Pro Se; Subject Matter Jurisdiction; Military Pay Act; 37 U.S.C. § 204; Motion to Dismiss; RCFC 52.1; Bar to Reenlistment; Takings Claim; Tort Claims; Criminal Claims. Signed by Judge Sweeney.

06-907L • HARVEST INSTITUTE FREEDMAN FEDERATION, BLACK INDIANS UNITED LEGAL DEFENSE FUND, and WILLIAM WARRIOR v. UNITED STATES OF AMERICA

Filed 01/15/2008
Continuing Claims Doctrine; Statute of Limitations; Subject Matter Jurisdiction; Failure to State a Claim. Signed by Judge Hodges.

93-648-1L • LAND GRANTORS IN HENDERSON, UNION and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS, v. UNITED STATES OF AMERICA

Filed 01/10/2008
Accrual of Claims; Congressional Reference; Equitable Tolling; Statute of Limitations Signed by Judge Braden.

01-428T, 03-2803T & 05-1265T consolidated • ABEN E. JOHNSON and JOAN G. JOHNSON, v. UNITED STATES OF AMERICA

Filed 01/09/2008
Summary Judgment; RCFC 56; Theft Loss Deduction; Internal Revenue Code (IRC) § § 165(a) & (e); Treasury Regulation § 1.165-8(a)(2); Treasury Regulation § 1.165-1(d)(2) Signed by Judge Firestone.

07-831C • INTERNATIONAL MANAGEMENT SERVICES INC v UNITED STATES OF AMERICA and AEGIS MISSION ESSENTIAL PERSONNEL LLC Defendant-Intervenor

Filed 01/09/2008
Postaward Bid Protest; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Standing; Justiciability; Small Business Set Aside; Size Determinations Signed by Judge Sweeney.

95-468C • ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 01/08/2008
Winstar Damages Claim; Expectancy, Restitution and Reliance Damages; Causation, Foreseeability, and Reasonable Certainty of Lost Profits; "Wounded Bank" Damages Signed by Judge Wheeler.

04-954C • METRIC CONSTRUCTION CO., INC., v. UNITED STATES OF AMERICA

Filed 01/07/2008
Contracts; Equitable Adjustment; Constructive Change Doctrine; Trial; Defective Specifications; Misrepresentation; Reasonableness of Contractor Action in Response to Communication by the Government Signed by Judge Bush.

07-54L • JAMES VOISIN, et al., v. UNITED STATES OF AMERICA

Filed 01/04/2008
Takings Claim; Declaratory Judgment Claim; Equitable Tolling of 28 U.S.C. § 2501 (2000); RCFC 12(b)(1); RCFC 12(b)(6); No Subject Matter Jurisdiction; Continuing Wrong Doctrine; Continuing Claims Doctrine Signed by Judge Bush.

07-759C • EZENIA!, INC., v. UNITED STATES OF AMERICA and CARAHSOFT TECHNOLOGY CORPORATION, Defendant-Intervenor

Filed 01/04/2008
Bid protest; Motion to Dismiss; RCFC 12(b)(1); Interested Party; 28 U.S.C. § 1491(b)(1); Sole-Source Procurement; Agency Decision Not Procurement; Task Orders; Federal Acquisition Streamlining Act (FASA) Signed by Judge Smith.

04-155L • ROY WALKER and SHELLIE WALKER, v. UNITED STATES OF AMERICA

Filed 01/03/2008
Certified Question; Collateral Estoppel; Federal Land Policy and Management Act, 43 U.S.C. § § 1752(a), (g); Grazing Permit; Just Compensation Clause of the Fifth Amendment of the U.S. Constitution; Regulatory Taking; Res Judicata; Summary Judgment; 28 U.S.C. § 1491(a)(1); 28 U.S.C. § 2501; N.M. Stat. Ann. § 72-1-3, et seq; 36 C.F.R. § 222.1, et seq; RESTATEM ENT (SECO) NDF O JUDGMENTS (1982) § § 27(c), (e) Signed by Judge Braden.

06-81C • THOMAS D. AFFOURTIT, v. UNITED STATES OF AMERICA

Filed 01/02/2008
Jurisdiction; Privity; Pro Se; Standing; Summary Dismissal; Tucker Act, 28 U.S.C. § 1491; 42 U.S.C. § 1983; RCFC 12(b)(1); RCFC 17(a); RCFC 83.1(c)(8) Signed by Judge Braden.

06-123T • EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF and CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other ...

Filed 12/21/2007
EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF and CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other than the Tax Matters Partner, v. THE UNITED STATES Tax suit; Motion to compel; RCFC 26(b)(1); Attorney-client privilege; Application of privilege to tax planning advice; Work product doctrine; Tax practitioner's privilege - section 7525 of the Internal Revenue Code of 1986 (26 U.S.C.); Documents previously provided to the IRS and state taxing authority; Waiver based upon reliance of counsel; Communications to/from accountants - the Kovel rule; Communications between /among legal representative- the common interest doctrine; Relevancy; Motion to compel, granted, in part, denied, in part. Signed by Judge Allegra.

03-2164T • JADE TRADING, LLC, by and through, ROBERT W. ERVIN and LAURA KAVANAUGH ERVIN on behalf of ERVIN CAPITAL, LLC, Partners Other ..

Filed 12/21/2007
JADE TRADING, LLC, by and through, ROBERT W. ERVIN and LAURA KAVANAUGH ERVIN on behalf of ERVIN CAPITAL, LLC, Partners Other Than the Tax Matters Partner, v. THE UNITED STATES Partnership Item; Final Partnership Administrative Adjustment; 26 U.S.C. § 752; Liability; Contingent Obligation; Basis in Partnership Interest; Economic Substance Doctrine; Accuracy-related Penalties; Tax Shelter; Substantial Authority; Jurisdiction Over Reasonable Cause; Partner-Level Defenses. Signed by Judge Williams.

07-306T • JOYCE A. RINEER, v. THE UNITED STATES

Filed 12/20/2007
Trust fund recovery penalty, 26 U.S.C. § 6672; motion to suspend proceedings Signed by Judge Wolski.

05-1006C • FOREST GLEN PROPERTIES, LLC, v. THE UNITED STATES

Filed 12/20/2007
Motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); evidence outside the pleadings; RCFC 56(f); privity; assignment; receiver as a party to a contract; standing; real party in interest; ambiguous contract term; implied-in-fact contract; Housing Assistance Payments contract; jurisdictional facts intertwined with merits Signed by Judge Wolski.

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