USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-1365C • CHEVRON U.S.A., INC., v. THE UNITED STATES,

Filed 04/04/2008
Motion For Reconsideration;Notice of Appeal; RCFC 59 Signed by Judge Braden.

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

Filed 04/03/2008
Pleading and practice; RCFC 59 motion to amend judgment;contracts; breach of contract;anticipatory repudiation Signed by Judge Miller, C..

00-428C • INTERNATIONAL AIR RESPONSE, v. THE UNITED STATES,

Filed 04/02/2008
Practice and procedure; motion for reconsideration, RCFC 59(a)(1); Equal Access to Justice Act, 28 U.S.C. § 2412 (2000); substantial justification; whether Government's position that return of planes was required by Espionage Act, 18 U.S.C. § 793 (2000), was substantially justified Signed by Judge Miller, C..

08-39C • CHAPMAN LAW FIRM CO., v. THE UNITED STATES,

Filed 04/02/2008
Bid Protest; Contract Modification;Competition in Contracting Act Requirement for Full and Open Competition; 41 U.S.C. § 253(a)(1)(A); Cardinal Change Doctrine Signed by Judge Wheeler.

05-1252C • THE TRAVELERS INDEMNITY COMPANY, SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, v. UNITED STATES,

Filed 04/02/2008
Satisfaction of judgment through payment received by way of a collateral proceeding; relief from judgment; RCFC 60(b)(5) Signed by Judge Lettow.

07-654C • PAULA R. MOOREHEAD v. THE UNITED STATES

Filed 04/01/2008

Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1500; Equal Pay Act, 29 U.S.C. § 206(d); Title VII, Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1); Pendency of Claims Filed Simultaneously by Virtue of 28 U.S.C. § 1631; Claims Arising from Same Operative Facts; Claims Seeking Same Relief.

Signed by Judge Miller, G..

05-748T & 07-520T • STOBIE CREEK INVESTMENTS, LLC & JFW ENTERPRISES, INC., v. THE UNITED STATES,

Filed 04/01/2008
Pleading and practice; Fed. R. Evid. 702, 704; motion in limine to exclude expert testimony on legal issues Signed by Judge Miller, C..

99-550L into which has been consolidated No. 00-169L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES OF AMERICA

Filed 03/31/2008
Motion to Disqualify Counsel;RCFC 83.2(c)(2); ABA Model Rules of Professional Conduct Rule 1.9(a); Whether State Cases Interpreting State Rules of Professional Conduct Bind the U.S. Court of Federal Claims; Whether the Sovereign Osage Nation Enjoys Continuing Identity Under "An Act for the Division of Lands and Funds of the Osage Indians in Oklahoma Territory, and for Other Purposes" and "An Act to Reaffirm the Inherent Sovereign Rights of the Osage Tribe to Determine Its Membership and Form of Government" Signed by Judge Hewitt.

06-803C • WONDERLYN LORRAINE BELL PINCKNEY, v. THE UNITED STATES,

Filed 03/28/2008
Motion For Summary Judgment; RCFC 56; Motion to Dismiss Counterclaim Signed by Judge Hewitt.

02-101C • THELMA R. CURRY and YOLANDA QUIMBY, on behalf of themselves and all others similarly situated, v. THE UNITED STATES,

Filed 03/27/2008
Class certification under RCFC 23;employees of the Veterans Health Administration; additional pay and authorized paid leave under 5 U.S.C. § § 6303, 6307, 6322, 6323; 38 U.S.C. § § 7425, 7453, 7454; RCFC 21 motion to add and drop parties Signed by Judge Wolski.

06-685C • JOHN D. BOYER, v. THE UNITED STATES,

Filed 03/27/2008
Military Pay; Defense Officer Personnel Management Act, Pub. L. No. 96-513, § 402, 94 Stat. 2835, 2904 (1980); 32 C.F.R. § 723.3(e)(4) (2003); Arbitrary and Capricious Standard of Review; Deference to a Military Records Correction Board; Equal Protection under the Due Process Clause of the Fifth Amendment; Service Credit for Medical School Signed by Judge Bush.

07-558C • RICHARD ABRAHAM, v. THE UNITED STATES,

Filed 03/24/2008
Implied-in-Fact Contract;Implied-in-Law Contract; Pro se; Reward; 26 U.S.C. § 7623; 28 U.S.C. § 1491(a)(1); RESTATEMENT(SECOND)OF CONTRACTS § 34 (1981);26 C.F.R. § 301.7623-1;RCFC 12(b)(1);RCFC 12(b)(6);RCFC 54(a);RCFC 56(c) Signed by Judge Braden.

05-956T, 05-071T & 06-285T • DAVID S. and MALIA A. LITMAN, et al. v. THE UNITED STATES,

Filed 03/20/2008
Tax; tax refund; valuation of restricted stock options; judicial estoppel;judicial admission; liability for penalties Signed by Judge Miller, C..

05-956T, 05-971T, & 06-285T • DAVID S. and MALIA A. LITMAN, et al. v. THE UNITED STATES,

Filed 03/20/2008
Tax; imposition of penalties for substantial understatement and negligence in reporting of federal tax on transfer of restricted stock; 26 U.S.C. ("I.R.C.") § 6662(b), (c), (d)(2000); I.R.C. § 6664(c)(1)(2000); Treas. Reg. § 1.6664-4(b)-(c) (2006) Signed by Judge Miller, C..

03-2165T • JADE TRADING, LLC, by and through, ROBERT W. ERVIN AND LAURA KAVANAUGH ERVIN . . . v. THE UNITED STATES,

Filed 03/20/2008
Reconsideration; Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); 26 U.S.C. § § 6221-6234, 6662, and 6664; Negligence Penalty; Partnership Item; Reasonable Cause Exception;Clarification Signed by Judge Williams.

07-649C • MARTI ADDAMS-MORE v. THE UNITED STATES,

Filed 03/20/2008
Motion to Dismiss; Lack of Jurisdiction Under 28 U.S.C. § 1491 to Hear Claim for Social Security Benefits Signed by Judge Hewitt.

04-299C • ACE CONSTRUCTORS, INC., v. UNITED STATES,

Filed 03/20/2008
Post-trial request for attorneys' fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing plaintiff; lack of substantial justification for the government's posture in the case; cost-of-living adjusted rate for attorneys' fees; statutory limitation on allowable hourly rate for plaintiff's expert witness; 28 U.S.C. § 2412(d)(2)(A)(i); costs Signed by Judge Lettow.

07-561C • OSG PRODUCT TANKERS LLC, v. UNITED STATES OF AMERICA, and USS PRODUCT CARRIERS LLC, Defendant - Intervenor

Filed 03/19/2008
Bid Protest; Responsibility Determination; Standards for Interlocutory Appeal; Distinguishing Meyers Investigative & Sec. Servs., Inc. v. United States, 275 F.3d 1366 (Fed. Cir. 2002)from Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (Fed. Cir. 2001) Signed by Judge Hodges.

00-740C • FRANK E. FISHER, v. THE UNITED STATES,

Filed 03/19/2008
Military pay; Disability retirement Signed by Judge Bruggink.

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