USCFC General Jurisdiction-Reported

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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.

06-284C • RONALD COOLEY, v. UNITED STATES OF AMERICA

Filed 05/25/2007
Awards under the Social Security Administration's Employee Suggestion Program; the federal program of incentive awards, 5 U.S.C. § § 4501-13; effect of agency's adoption of employee's suggestions; implied-in-fact contract; breach; abuse of discretion; remand Signed by Judge Lettow.

04-1575C • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA ...

Filed 05/24/2007
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES OF AMERICA - ERRATA Pleading and practice; motion for reconsideration; RCFC 59(a); contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No. 102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences to be drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims Signed by Judge Miller, C..

07-84C • DYNCORP INTERNATIONAL LLC, v. UNITED STATES OF AMERICA

Filed 05/24/2007
Post-Award Bid Protest; Contracting by Negotiation; 48 C.F.R. § 15.306 (2006); Deference to Agency's Technical Evaluation of Proposals; Award without Discussions; Clarifications versus Discussions; Materiality of Proposal Omissions; Responsibility versus Responsiveness; Elimination of Proposal Innovation from Awarded Contract Signed by Judge Bush.

04-1575C • TIMOTHY T. AGEE et al., v. UNITED STATES OF AMERICA

Filed 05/23/2007
Change in Firefighters' Tour of Duty; Back Pay Act; Fair Labor Standards Act; Firefighters Pay Reform Act; Remote Worksite Allowance; Uncommon Work Tour Signed by Judge Wheeler.

06-742C • EMERALD COAST FINEST PRODUCE CO.INC., v. UNITED STATES OF AMERICA

Filed 05/22/2007
Post-Award Bid Protest; Motion to Supplement the Administrative Record; Motion for Leave to File an Amended Complaint Signed by Judge Hewitt.

06-466C • DISTRIBUTED SOLUTIONS, INC, AND STR, L.L.C. v. UNITED STATES OF AMERICA

Filed 05/22/2007
Procurement protest; jurisdiction; subcontractors Signed by Judge Merow.

04-1365C • CHEVRON U.S.A., INC., v. UNITED STATES OF AMERICA

Filed 05/21/2007
Attorney Client Privilege; Attorney-Work Product Privilege; Deliberative Process Privilege Signed by Judge Braden.

04-541L • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA ...

Filed 05/18/2007
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY v. UNITED STATES OF AMERICA Pleading and practice; motion for reconsideration; RCFC 59(a); contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No.102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences to be drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims. Signed by Judge Miller, C..

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

Filed 05/18/2007
Contracts, breach of contracts, Franconia Associates v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413; jurisdiction; statute of limitations; 25 U.S.C. § 2501 (2000); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988) ("ELIHPA") Signed by Judge Miller, C..

05-1189T • THOMAS H. McGANN and EVELYN G. McGANN v. UNITED STATES OF AMERICA

Filed 05/17/2007
Interest applied to an underpayment of tax under former I.R.C. § 6621(c) for "tax motivated transactions;" statute of limitations on administrative claim; application to partner of findings and conclusions in a TEFRA partnership case; Final Partnership Administrative Adjustment; computational adjustment; notice of income tax examination changes; notice of balance due Signed by Judge Lettow.

99-4451L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 05/15/2007
Takings; Motion for Partial Dismissal; Statute of Limitations; Whether Action Can Accrue Prior to Issuance of Government Report Signed by Judge Hewitt.

07-237C • CIRCLE LINE - STATUE OF LIBERTY FERRY, INC., v. UNITED STATES OF AMERICA

Filed 05/14/2007
Pre-Award Bid Protest: A motion for a preliminary injunction and a temporary restraining order will not be granted where (1) plaintiff has little likelihood of success on the merits since the evidence does not support a finding that plaintiff possesses an implied right of preference in contract renewal; and (2) plaintiff cannot demonstrate irreparable harm when it has available to it a contract remedy Signed by Judge Wiese.

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