USCFC General Jurisdiction-Reported

Takings Claim Arising from Troubled Asset Relief Program (TARP); Motions to Dismiss Pursuant to RCFC 12(b)(1), 12(b)(6); Jurisdiction; Jurisdiction Vis-a-Vis Bankruptcy Court Procedure; Ad Hoc Review; Penn Central Regulatory Taking; Lucas Categorical Taking; Unique Taking Theory Signed by Judge Hodges.

Takings Claim Arising from Troubled Asset Relief Program (TARP); Motions to Dismiss Pursuant to RCFC 12(b)(1), 12(b)(6); Jurisdiction; Jurisdiction Vis-a-Vis Bankruptcy Court Procedure; Ad Hoc Review; Penn Central Regulatory Taking; Lucas Categorical Taking; Unique Taking Theory Signed by Judge Hodges.

Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence and No Manifest Error of Law or Mistake of Fact in the Court’s Opinion of January 13, 2012 Signed by Judge Hewitt.

Post-award bid protest of a contract for furnishings to be installed in a Marine Corps barracks; ambiguity of a term of the solicitation; partial completion of the contract; mootness; laches; standing of the protestor after a bankruptcy filing; lack of conformity of the accepted proposal with a material term of the solicitation; relief; bid preparation and proposal costs Signed by Judge Lettow.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); material misrepresentation; 28 U.S.C. § 1491(b)(3), interests of national defense and national security. Signed by Judge Miller, C..

Absence of subject matter jurisdiction over tort claims and criminal violations; absence of subject matter jurisdiction over claims based on customary international law; military necessity doctrine; sovereign immunity for war-making functions Signed by Judge Lettow.

Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C.A. §§ 7101-7109 (West Supp. 2011). Signed by Judge Bush.

Tax Equity and Fiscal Responsibility Act (TEFRA); AMCOR; refund suit; Prati; I.R.C. § 6229; I.R.C. § 6621; Motion for Reconsideration Signed by Judge Bruggink.

Vaccine Act; Interim fees; Avera; McKellar Signed by Judge Bruggink.

Pretrial Proceeding; Disposition of Motions in Limine to Exclude Witnesses and Evidence Signed by Judge Hewitt.

Military Pay; Disability Retirement; Waiver; Estoppel Signed by Judge Bruggink.

Estate Tax; 26 U.S.C. § 2704, “Treatment of Certain Lapsing Rights and Restrictions” Signed by Judge Horn.

Motion for Summary Judgment; 26 U.S.C. § 482; 26 C.F.R. § 1.482-1 Signed by Judge Hewitt.

Shareholder Derivative Actions; Corporation as Necessary Party; Waiver of Sovereign Immunity; Service of Process; Proper Alignment of Corporation; Rules 4, 19(a), and 23.1; Required Joinder. Signed by Judge Wheeler.

Motion to dismiss tax-refund suit as untimely under I.R.C. § 6511(b)(2)(A); limitations on filing a claim stated in I.R.C. §§ 6511(a) and 6511(b)(1); limitations on availability of a refund stated in I.R.C. § 6511(b)(2); tolling due to financial disability under I.R.C. § 6511(h) Signed by Judge Lettow.

Rails to Trails; Scope of Easement; Railroad Purposes; Interim Trail Use and Railbanking; Mississippi Law Signed by Judge Smith.

Jurisdiction; United States Is the Only Proper Defendant; United States Constitution, Article III, Section 2, Paragraph 2; Due Process; Habeas Corpus; Criminal Code; Civil Rights Act; State Constitution; Equitable Relief; Refund of Bail; Motion to Seal Complaint; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); material misrepresentation; 28 U.S.C. § 1491(b)(3), interests of national defense and national security. Signed by Judge Miller, C..

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); material misrepresentation; 28 U.S.C. § 1491(b)(3), interests of national defense and national security. Signed by Judge Miller, C..

Military pay case; 10 U.S.C. § 1370 and Army Regulation 15-80 paragraph 4-1.a (July 12, 2002); retirement grade determinations for officers; money-mandating provisions; 10 U.S.C. § 1552 and Army Regulation 15-185 (Mar. 31, 2006); review of action by military correction board; Army properly reopened retirement grade determination based on plaintiff’s post-retirement conviction for conspiracy where offense occurred before retirement; Army Regulation 15-80 paragraph 4-1.c; Army properly found plaintiff’s service in the rank of Colonel (O-6) was not satisfactory in light of finding that plaintiff engaged in criminal conduct while on active duty; Army Regulation 15-80 paragraphs 2-4 and 2-5; law of the case, issue preclusion, claim preclusion, judicial estoppel. Signed by Judge Miller, G..