USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-517C • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES

Filed 06/19/2007
Winstar, damages, FIRREA, contract breach as cause of curtailed asset growth, lost profits derived from thrift's actual historic yields and costs of funds, failure to approve merger application as breach, prior material breach, damages due to compelled modified conversion, offset of benefits from conversion, award of damages where Government was large economic stakeholder of mutual thrift, contractual provision for recovery by prevailing party of "attorneys' fees and other costs," motion under RCFC 59(a)(1) for reconsideration of non-final order, RCFC 54(d)(2)(A) and (B), entry of final judgment pursuant to RCFC 54(b) as to all claims except claim for attorneys' fees and related nontaxable expenses, deferral of consideration of latter claim, RCFC 58(c)(1) Signed by Judge Miller, G..

92-580C • SPARTON CORPORATION, v. UNITED STATES OF AMERICA

Filed 06/18/2007
Requests for production of documents; requests for admission; RCFC 34; RCFC 36; timeliness; fact discovery vs. expert discovery; prior production of documents; requests for admission shall be separately set forth; unduly burdensome; 28 U.S.C. section 1498; patent infringement; sonobuoys Signed by Judge Damich.

07-358C • JAMES AGGREY-KWEGGYIRR ARUNGA, et al., v. UNITED STATES OF AMERICA

Filed 06/14/2007
Subject Matter Jurisdiction; Pro Se Plaintiff; Improper Parties; Civil Rights Claims; Tort Claims; Criminal Claims; Habeas Corpus Petition Signed by Judge Horn.

07-277C • JACOB STEPHEN BROWN, v. UNITED STATES OF AMERICA

Filed 06/14/2007
Application to Proceed in Forma Pauperis; Requirement of Poverty; Procedural Requirements; Presumption that Plaintiff is Not Barred by Three Strikes Rule Where Government Did Not Oppose Motion Signed by Judge Hewitt.

05-455C • CORT ANCMAN and EILEEN ANCMAN, v. UNITED STATES OF AMERICA

Filed 06/13/2007
Motion to Dismiss; Jurisdiction; Secretary of the Air Force's Rejection of the Recommendation of the Air Force Board for Correction of Military Records; Retirement Pay; 37 U.S.C. § 204; 10 U.S.C. § 1552 Signed by Judge Sweeney.

04-1454C • DAVID P. BAIRD, v. UNITED STATES OF AMERICA

Filed 06/11/2007
Military Pay Case; Pro se Plaintiff; Motion for Judgment Upon the Administrative Record; Motion to Dismiss for Failure to State a Claim; Review Following Remand to Board for Correction of Military Records, Office of the General Counsel, United States Department of Homeland Security Signed by Judge Wheeler.

02-197C • ADVANCED TEAM CONCEPTS, INC. v. UNITED STATES OF AMERICA

Filed 06/08/2007
Motion for Summary Judgment; Motion for Clarification; Damages; Christian Doctrine Signed by Judge Smith.

07-150C • HERITAGE OF AMERICA, LLC, v. UNITED STATES OF AMERICA

Filed 06/08/2007
Post-judgment motion for reconsideration, Rule 59 of the Rules of the United States Court of Federal Claims, manifest injustice, reiteration of arguments previously made and rejected, new contentions, waiver of untimely argument Signed by Judge Miller, G..

06-622C • CAMILLE GROSDIDIER, v. UNITED STATES OF AMERICA

Filed 06/07/2007
Subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(1); Back Pay Act, 5 U.S.C. § 5596; 22 U.S.C. § 1474(1); authority to hire aliens for Voice of America when qualified U.S. citizens not available; money-mandating statute; whether statute is fairly amenable to reading that plaintiff has right to monetary damages in the event of violation Signed by Judge Miller, G..

6-813C • AMERICAN RENOVATION AND CONSTRUCTION COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, and ST. PAUL FIRE AND MARINE INSURANCE COMP...

Filed 06/05/2007
AMERICAN RENOVATION AND CONSTRUCTION COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, v. UNITED STATES OF AMERICA RCFC 12(b)(1); Sureties as Plaintiffs; Motion to Transfer; Armed Services Board of Contract Appeals; 41 U.S.C. § 609(d); Motion to Stay Signed by Judge Sweeney.

05-1071T • DANIEL D. PIERCE and HENDY J. LUND, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Alternative Minimum Tax Adjustment, 26 U.S.C. § 56(d)(2)(A)(i); Alternative Minimum Tax Net Operating Loss Deduction, 26 U.S.C. § 56(d)(2); Capital Loss , 26 U.S.C. § § 1211, 1212; Net Operating Loss, 26 U.S.C. § 172; Section 83(b) Election, 26 U.S.C. § 83(b); Summary Judgment, RCFC 56(c); Tax Refund, 26 U.S.C. § § 6511, 7422, 6532, 28 U.S.C. § 1346(a)(1) Signed by Judge Braden.

03-30C • P.R. CONTRACTORS, INC., v. UNITED STATES OF AMERICA

Filed 05/31/2007
Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Jurisdiction; Contracting Officer Final Decision; Contract Interpretation; Parol Evidence; Variation in Estimated Quantity Signed by Judge Williams.

07-150C • HERITAGE OF AMERICA, LLC, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Post-award bid protest; jurisdiction; Tucker Act, 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law; rational basis; violation of regulation or procedure; prejudice; timeliness; ambiguity; GAO timeliness requirements; laches; "zone of reasonableness"; solicitation; permanent injunction; success on the merits; irreparable harm; balance of hardships; public interest; base year; option years Signed by Judge Miller, G..

07-317C • LARRY L. MOORE, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Improper Party; Tort Claim; Subject Matter Jurisdiction; Pro Se Plaintiff Signed by Judge Horn.

07-305C • LARRY L. MOORE, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Improper Party; Tort Claim; Civil Right Claim; Subject Matter Jurisdiction; Pro Se Plaintiff Signed by Judge Horn.

99-440C • ATK THIOKOL, INC., v. UNITED STATES OF AMERICA

Filed 05/31/2007
Certified Claim, 41 U.S.C. § 605(a), FAR 31.205-11; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Jurisdiction; RCFC 15(a), 54(b); RESTATEMENT (SECOND) OF CONTRACTS § 235(2); FAR § § 4.804-5, 52.216-7 Signed by Judge Braden.

06-786C • KNOWLEDGE CONNECTIONS, INC. v. UNITED STATES OF AMERICA

Filed 05/30/2007
Request for attorneys' fees pursuant to the Equal Access to Justice Act; 28 U.S.C. § 2412(d); prevailing party status; remand not constituting final judgment; inappropriateness of an interim award of fees Signed by Judge Lettow.

06-0580C • JANE GALLO, v. UNITED STATES OF AMERICA

Filed 05/29/2007
Federal Employees' Compensation Act, 5 U.S.C. §8101 et seq. (2000); Improper Restoration Claim; Civil Service Reform Act; Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6) Signed by Judge Bush.

03-2847T • H.J. HEINZ COMPANY AND SUBSIDIARIES, v. UNITED STATES OF AMERICA

Filed 05/25/2007
Trial; Tax refund suit; Whether a subsidiary's acquisition of its parent's stock, followed by the parent's apparent redemption of the majority of that stock, increased the tax basis in the stock retained by the subsidiary, such that capital losses were produced upon the retained stock's sale to an unrelated third party; Loss under section 165 of the Code; Basis; Redemption under section 317(b) of the Code; Substance over form; Burdens and benefits of ownership; Sham transaction doctrine - lack of business purpose; Step transaction doctrine - end result and interdependence tests; No true redemption under section 317(b) of the Code; Loss carryback deductions denied Signed by Judge Allegra.

06-506C • SARANG CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/25/2007
Claim;Contract Disputes Act, 41 U.S.C. § 601, et seq.; Federal Acquisition Regulations, 48 C.F.R. § § 2.101, 33.208, 33.210; Interest; Motion to Dismiss, RCFC 12(b)(1), (b)(6); Prompt Payment Act, 31 U.S.C. § 3901, et seq. Signed by Judge Braden.

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