USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-47C • PHILLIPS/MAY CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/03/2007
Motion for reconsideration of final judgment, manifest error of fact or law, intervening change in law, previously unavailable evidence, manifest injustice, res judic ata, claim preclusion, judgment in prior action as bar to later action asserting claims based on same transactional facts, fairness, due process, careful inquiry, cautious restraint, clear and persuasive basis for precluding litigation of claims Signed by Judge Miller, G..

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

Filed 05/03/2007
Takings; Motion for Partial Dismissal; Statute of Limitations; Law of the Case; "Justifiable Uncertainty" Regarding Extent of Damage by Shoreline Erosion; Whether Time of Accrual of Action is Determined by an Objective or Subjective Standard Signed by Judge Hewitt.

05-608 • FRANCISCO JAVIER RIVERA AGREDANO, ET AL., v. UNITED STATES OF AMERICA

Filed 05/03/2007
Motion for Reconsideration, RCFC 60(b)(2); RCFC 60(b)(6); RCFC 59 Signed by Judge Hewitt.

91-1204C • MCDONNELL DOUGLAS CORPORATION AND GENERAL DYNAMICS CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/03/2007
Navy Procurement; A-12 "Avenger"; Stealth Technology; Research & Development Contract; Termination for Default; Failure to Make Progress; Lisbon Test; Contract Completion Date; 48 C.F.R. § 52.249-9; Termination Memo; Application of DeVito Test; Waiver of Delivery Date; Unilateral Contract Modification; Reasonable and Enforceable Schedule; Lost Profits; Loss Ratio; Contracting Officer; Notice to Cure; Adequate Assurances Signed by Judge Hodges.

06-675C • BEARINGPOINT, INC., v. UNITED STATES OF AMERICA

Filed 04/30/2007
GSA Schedule Contract, Blanket Purchase Agreement, and Task Orders; Authority of Ordering Agency or GSA Contracting Officer to Terminate for Cause; Subject Matter Jurisdiction Signed by Judge Wheeler.

99-363C • TRAFALGAR HOUSE CONSTRUCTION, INC., v. UNITED STATES OF AMERICA

Filed 04/30/2007
Certification; Contract Disputes Act, 41 U.S.C. § 601 et seq.; Counterclaim, 28 U.S.C. § § 1503, 2508; Equitable Adjustment; False Claims Act, 31 U.S.C. § 3729; Interest; Jurisdiction Signed by Judge Braden.

03-2684L & 01-568L consolidated • SHELDON PETERS WOLFCHILD, et al., v. UNITED STATES OF AMERICA

Filed 04/27/2007
Indian trust claims based upon Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; motion to quash summonses; case or controversy; amendment of complaint and complaints of intervening plaintiffs; RCFC 15(a); intervention as plaintiffs; RCFC 24 Signed by Judge Lettow.

05-231T • JZ BUCKINGHAM INVESTMENTS LLC, v. UNITED STATES OF AMERICA

Filed 04/27/2007
Motion challenging sufficiency of responses to requests for admission; RCFC 36(a); deemed admitted; cannot admit or deny; reasonable inquiry; sufficient information; good faith; genuineness of documents; tax partnership; FPAA; non-publicly traded foreign currency options; tax shelter; COBRA Signed by Judge Damich.

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

Filed 04/27/2007
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 Motion to amend or modify opinion; RCFC 59(e); 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 drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims Signed by Judge Miller, C..

04-1511 consolidated with 04-1512C • AT&T CORP., & LUCENT TECHNOLOGIES, INC.,v. UNITED STATES OF AMERICA

Filed 04/26/2007
Amended Cost Accounting Standard 413, 48 C.F.R. § § 9904.413-30(a)(19), (20) 9904.413-50(c)(12); Contract Disputes Act, 41 U.S.C. § § 601, et seq.; Counterclaim, 28 U.S.C. § § 1503, 2508; Summary Judgment, RCFC 56(c); Segment Closing; Segment Closing Adjustment Signed by Judge Braden.

07-95C • RICHARD HENRY MUTCH, v. UNITED STATES OF AMERICA

Filed 04/26/2007
Motion to Dismiss; 28 U.S.C. § 2501 Statute of Limitations Signed by Judge Smith.

03-2692C • MARY K. EDELMANN and CHRISTOPHER EDELMANN, v. UNITED STATES OF AMERICA

Filed 04/24/2007
Motion to dismiss; pro se plaintiffs; subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; private party defendants; tort claims; plea agreement; implied contract; collateral estoppel; Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq.; money-mandating; Due Process and Equal Protection Clauses; Fifth Amendment; Takings Clause; Sixth Amendment; Eighth Amendment; Fourteenth Amendment; litigation expenses; attorneys' fees; transfer pursuant to 28 U.S.C. § 1631 Signed by Judge Miller, G..

05-81V • APRIL SPATES, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/24/2007
National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.; Motion to Review; Causation-in-fact; Measles-Mumps-Rubella Vaccine; Miscarriage or Spontaneous Abortion Signed by Judge Bruggink.

06-47C • PHILLIPS/MAY CORPORATION, v. UNITED STATES OF AMERICA

Filed 04/19/2007
Motion for summary judgment, RCFC 56(c), appeal of decision by Contracting Officer, res judicata, claim preclusion, same transactional facts Signed by Judge Miller, G..

03-2028T & 04-907T • KENNETH C. KEENER, WILLIAM P. SMITH, and ANNE D. SMITH, v. UNITED STATES OF AMERICA

Filed 04/18/2007
Tax refund suit; Motion for partial dismissal; Tax Equity and Fiscal Responsibility Act (TEFRA); Unified partnership provisions; 26 U.S.C. § 7422(h) - no action attributable to partnership item; Jurisdictional issue involving 26 U.S.C. § 6229 is either partnership item or affected item over which this court lacks refund jurisdiction; Waiver; Impact of individual partner settlements; Issue involving imposition of interest under 26 U.S.C. § 6621(c) is either partnership item or affected item over which this court lacks refund jurisdiction; Motion granted Signed by Judge Allegra.

No. redactedV • JANE DOE,v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/18/2007
National Vaccine Injury Compensation Program; hepatitis B vaccine; neutropenia; arthritis; significant aggravation; witness credibility; contemporaneous medical records; arbitrary and capricious review of special master's findings; special master's role in hearings Signed by Judge Wolski.

03-2154C • MORELAND CORPORATION and LAS VEGAS VA1 LLC, v. UNITED STATES OF AMERICA

Filed 04/18/2007
Contract Disputes Act; Default Termination of Building Lease; Agency's Failure to Allow Lessor to Make Repairs; Agency's Failure to Show Constructive Eviction or Denial of Beneficial Use or Enjoyment; Contracting Officer Abuse of Discretion; Agency's Bad Faith Conduct; Effect of Statements in Different Lawsuit; Damages; No Restriction From Termination for Convenience Clause Signed by Judge Wheeler.

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

Filed 04/18/2007
Exclusion of expert testimony; Daubert; specialized knowledge; government contract expert; legal conclusions; ultimate issue; patent infringement; Christian doctrine; Patent Rights clause; sonobuoys Signed by Judge Damich.

01-517C, 05-371C, and 05-963C • GHS HEALTH MAINTENANCE ORGANIZATION, INC. d/b/a BLUELINCS HMO, TEXAS HEALTH CHOICE, L.C., SCOTT & WHITE HEALTH PLAN, v. US

Filed 04/17/2007
GHS HEALTH MAINTENANCE ORGANIZATION, INC. d/b/a BLUELINCS HMO, TEXAS HEALTH CHOICE, L.C., SCOTT & WHITE HEALTH PLAN, v. UNITED STATES OF AMERICA Federal Employees Health Benefits Act provision 5 U.S.C. § 8902(i); 48 C.F.R. §1652.216-70(b)(6) (Final Year Regulation); Chevron Deference; Waiver; Laches; Reformation; Summary Judgment Signed by Judge Horn.

06-654C • PHILLIPPI S. LOWE, v. UNITED STATES OF AMERICA

Filed 04/16/2007
Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1); Jurisdiction; Just Compensation Clause, U.S. CONST. amend. V; Pro Se; RCFC 12(b)(1); U.S. CONST. amends. I, V, XIV; 42 U.S.C. § 1983 Signed by Judge Braden.

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