USCFC General Jurisdiction-Reported

Lack of subject matter jurisdiction; Maritime contracts; Maritime contract exception to Contract Disputes Act jurisdiction, 41 U.S.C. § 7102(d); Bid protest over maritime contract distinguished (§ 861 of National Defense Authorization Act for Fiscal Year 2012); Transfer under 28 U.S.C. § 1631 Signed by Judge Firestone.

ORDER Signed by Judge Williams.

Motion to Dismiss, RCFC 12(b)(1); Task Order Protest Bar, 10 U.S.C. § 2304c(e); Increasing the Scope of the Contract; Allegations Related to the Agency’s Evaluation of Proposals; “Scope” Refers to “Scope of Work” Signed by Judge Sweeney.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunctive relief Signed by Judge Miller, C..

Motion to Enforce; Civil Contempt; Standing to Enforce Injunction; New Procurement; Good Faith and Reasonable Interpretation of Court Order Signed by Judge Hewitt.

Motions to Reconsider Jurisdiction; 28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011). Signed by Judge Horn.

Enforcement of a settlement agreement; supervisory power; voluntary dismissal; order striking motion Signed by Judge Damich.

Pro Se; Lack of Subject Matter Jurisdiction; Sua Sponte Transfer Pursuant to 28 U.S.C. § 1631 Signed by Judge Hewitt.

Motion to Dismiss, RCFC 12(b)(6); Exhibits Appended to Prior Pleading; Materials Integral to Claim; Incorporation By Reference; Solicitation Is a Public Record; Avtel Services, Inc.; Implied Contract to Consider Proposal Fairly and Honestly; Allegations of Bad Faith; Court Need Not Accept As True Allegations Concerning Effect of Exhibit; Alleged Breach of Express Contract; Lack of Subject Matter Jurisdiction Over Discrimination and Promissory Estoppel Claims; Existence of Express Contract Precludes Implied-in-Fact Contract Claim Dealing With Same Subject Matter As Express Contract Signed by Judge Sweeney.

Patent case; Order governing electronic discovery; Clawback order under Fed. R. Evid. 502(d). Signed by Judge Allegra.

Partial summary judgment; foreign tax credit, 26 U.S.C. § 901(b)(1); Section 317(b)(4) of the Social Security Amendments of 1977; Totalization Agreement, 42 U.S.C. § 433; plain meaning of “in accordance with the terms”; loss of tax credit for French social security payments by U.S. citizen employed by non-American corporation in France. Signed by Judge Wolski.

Spent Nuclear Fuel; Private Fuel Storage; Motion to Re-Open Evidentiary Record Signed by Judge Damich.

Summary judgment; Employment contract; Breach of contract; Implied covenant of good faith and fair dealing Signed by Judge Block.

Summary judgment; Employment contract; Breach of contract; Implied covenant of good faith and fair dealing Signed by Judge Block.

Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006); Cooperative Research and Development Agreement; Failure to State a Claim, RCFC 12(b)(6) (2010); Fifth Amendment to the U.S. Constitution; Jurisdiction, Motion to Dismiss, RCFC 12(b)(1) (2010); Standing; Stevenson-Wydler Technology Innovation Act of 1980, Pub. Law No. 96-480 (1980) (codified, as amended, at 15 U.S.C. §§ 3701-22); Tucker Act, 28 U.S.C. § 1491 (2006); Trade Secrets Act, 18 U.S.C. § 1905 (2006); 10 C.F.R. § 782.1 (2011); 31 U.S.C. § 6303 (2006); 48 C.F.R. § 52.227-14(d)(2) (2011); RCFC 12(f) (2010). Signed by Judge Braden.

Misrepresentation in the Inducement to Contract; Good Faith and Fair Dealing; Failure to Plead Fraud with Required Specificity, RCFC 9(b); Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Braden.

Air Transportation Excise Tax; “established line” exception; failure to enact Treasury Regulations Signed by Judge Bruggink.

Tribal trust case; Motion to dismiss under RCFC 12(b)(1); 28 U.S.C. § 1500; Tecon Engineers – “order-of-filing”; Tecon remains good law – neither expressly nor impliedly overruled by Tohono O’odham; Tecon ruling consistent with plain meaning of section 1500; Legislative history of section 1500 does not contradict its plain meaning; Policy considerations do not warrant abandonment of either the statute or Tecon’s interpretation thereof; “Same-day-filing” rule of Passamaquoddy Tribe rejected; Motion denied. Signed by Judge Allegra.

National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 300aa-34 (2006); motion for review of findings of fact of special master; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I). Signed by Judge Miller, C..

26 U.S.C. § 6672; withholding taxes; willful; trust fund penalty; refund and collection suit; presumption of correctness; taxpayer’s burden of proof; estimates; substitute return; 26 U.S.C. § 6020; redemption; 26 U.S.C. § 7425 Signed by Judge Damich.