USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-1544L • ELLAMAE PHILLIPS CO., v. UNITED STATES OF AMERICA

Filed 07/03/2007
Fifth Amendment taking; Railsto-Trails Act, 16 U.S.C. § 1247(d); General Railroad Right of Way Act of 1875, 43 U.S.C. § § 934-939; right-of-way; easement; abandonment; Hash v. United States, 403 F.3d 1308 (Fed. Cir. 2005); stare decisis; precedent; dicta Signed by Judge Baskir.

06-797C • BRENDA J. MARTINEZ, pro se v. UNITED STATES OF AMERICA

Filed 06/29/2007
Back Pay; Bar to Reenlistment; Discharge; Jurisdiction, 28 U.S.C. § 1491; Justiciability; Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss, RCFC 12(b)(6); Motion for Judgment on the Administrative Record, RCFC 52.1; Pro Se; Qualitative Management Program; Temporary Early Retirement Authority Signed by Judge Braden.

05-5T • KERR-MCGEE CORPORATION and SUBSIDIARIES, v. UNITED STATES OF AMERICA

Filed 06/29/2007
Tax Refund; Motion for Partial Summary Judgment; 26 U.S.C. § § 162, 263 (1994); Environmental Remediation Costs Signed by Judge Sweeney.

07-73C • ARINC ENGINEERING SERVICES, LLC, v. UNITED STATES OF AMERICA

Filed 06/28/2007
Post-award bid protest; Contract for space and missile defense integration; Motion for judgment on the administrative record - nature of review - Bannum; Claimed organizational conflict of interest - relevant FAR provisions described; Unequal access to information; Multi-factored test; Nature of limited prejudice inquiry in case involving organizational conflict of interest; Distinguishing between desirable benefits of incumbency and unequal access to information giving rise to organizational conflict of interest; Contracting officer determination that no organizational conflict of interest existed upheld as not arbitrary and capricious; Relief denied Signed by Judge Allegra.

06-701C With Which No. 06-715C Is Consolidated • GUY W. PARKER, v. UNITED STATES OF AMERICA

Filed 06/28/2007
Contract Disputes Act, 41 U.S.C. § 601 et seq.; Motion to Dismiss, RCFC 12(b)(1); Privacy Act, 5 U.S.C. § 552(a); Summary Judgment, RCFC 56(c); Tucker Act, 28 U.S.C. § 1491(a); Wunderlich Act, 41 U.S.C. § § 321, 322 Signed by Judge Braden.

06-827C • FRANK J. PROCHAZKA, v. UNITED STATES OF AMERICA

Filed 06/28/2007
Default Judgment, RCFC 55; Pro Se Signed by Judge Braden.

06-448C • MICHAEL KAWA, v. UNITED STATES OF AMERICA

Filed 06/28/2007
Subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; constitutional standing; injury-in-fact; real party in interest; RCFC 17(a); escrow agent; trustee; bailee; 10 U.S.C. § 2785; money-mandating statute; implied contract; Contract Disputes Act, 41 U.S.C. § 601 et seq.; third-party beneficiary; assignment of right to payment; res judicata; issue preclusion; claim preclusion; privity Signed by Judge Miller, G..

06-748C • MARJORIE MURTAGH COOKE, v. UNITED STATES OF AMERICA

Filed 06/28/2007
28 U.S.C. § 1500; Equal Pay Act and Fair Labor Standards Act; Actions Pending in Different Courts; Different Operative Facts and Relief Sought Signed by Judge Wheeler.

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

Filed 06/27/2007
Bid Protest; HUBZone Act, 15 U.S.C. § 657a, 48 C.F.R. § 19.1305; Late Bid, 48 C.F.R. § § 15.208(a), (b); Motion to Dismiss, RCFC 12(b)(1); Standing Signed by Judge Braden.

04-83C • DOMINION RESOURCES, INC. and DOMINION NUCLEAR CONNECTICUT, INC., v. UNITED STATES OF AMERICA

Filed 06/27/2007
Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, RCFC 12(b)(6); Spent Nuclear Fuel; Nuclear Waste Policy Act, 42 U.S.C. § § 10101-10270; One-Time Fee; Recoupment or Setoff Signed by Judge Bruggink.

03-289C • UNITED MEDICAL SUPPLY COMPANY, INC v. THE UNITED STATES

Filed 06/27/2007
Duty to preserve relevant evidence; Breach of duty; Spoliation sanctions; Inherent authority to impose sanctions; RCFC 37 - discovery abuse; No requirement of bad faith in order to impose sanctions; Precedential value of Federal Circuit procedural rulings in patent cases; Balancing test; Reckless disregard of duty to preserve by government employees; Misrepresentations; Sanctions imposed - limitations on examination and use of expert witnesses, as well as costs and attorney's fees. Signed by Judge Allegra.

07-12L • ROBERT INGRUM, v. UNITED STATES OF AMERICA

Filed 06/26/2007
Fifth Amendment Taking; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Equitable Tolling Signed by Judge Williams.

06-851T • CHARLES P. DANIELS, JR., and LINDA M. DANIELS, v. UNITED STATES OF AMERICA

Filed 06/26/2007
Tax; tax refund; jurisdiction; full-payment rule Signed by Judge Miller, C..

98-533Tconsolidated 98-5330 - 98-5350 • FENTON GINGERICH, et al., v. UNITED STATES OF AMERICA

Filed 06/22/2007
Post-trial decision; time limit on assessment of taxes pertaining to a partnership item that is the subject of a settlement; I.R.C. § § 6229(f), 6231(b)(1); settlement of matters at issue before the Tax Court; partnership items; non-partnership items; application of Treaty Pines;offer and acceptance; existence of contract where written agreement is contemplated; offer distinguished from invitation to offer; mutual assent; parties'intent; closing agreement Signed by Judge Lettow.

07-385C • JAMES A. FULLARD, SR., v. UNITED STATES OF AMERICA

Filed 06/22/2007
Application by Pro Se Plaintiff to Proceed In Forma Pauperis; Obstruction of Justice; Conspiracy; Improper Parties; Sua Sponte Dismissal for Lack of Subject Matter Jurisdiction Signed by Judge Sweeney.

07-210C • SOUTHERN FOODS, INC., v. UNITED STATES OF AMERICA

Filed 06/21/2007
Post-Award Bid Protest; Jurisdiction; Tucker Act, 28 U.S.C. §1491; Motion to Dismiss for Lack of Jurisdiction; Nonappropriated Fund Instrumentalities; RCFC 52.1, Judgment on the Administrative Record Signed by Judge Bruggink.

02-176C • ROXCO, LTD., v. UNITED STATES OF AMERICA

Filed 06/20/2007
Government Contracts; Motion to Dismiss; RCFC 12(b)(1); Contract Disputes Act; 41 U.S.C. § § 605(a), (c)(6); Government Claim; Placeway; Engineered Demolition; Air Force Signed by Judge Sweeney.

06-770C • SEYMOUR WINUK, Individually as the father of Glenn Winuk, Deceased, v. UNITED STATES OF AMERICA

Filed 06/20/2007
Motion for Judgment Upon the Administrative Record; Public Safety Officers' Death Benefits Act, 42 U.S.C. § § 3796-3796c; Expedited Payment for Heroic Public Safety Officers, Public Law 107-37; "Certification" by Public Agency Signed by Judge Horn.

05-1245L • ZOYA ATAMIRZAYEVA, v. UNITED STATES OF AMERICA

Filed 06/20/2007
Takings; Fifth Amendment; RCFC 12(c); RCFC 12(b)(6); standing; "substantial connections" to the United States Signed by Judge Damich.

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