USCFC General Jurisdiction-Reported

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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.

95-517V • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES

Filed 04/13/2007
Winstar, damages, FIRREA, contract breach as cause of curtailed asset growth, lost profits based upon thrift's actual historic yields and costs of funds, failure to approve merger application as breach, damages due to compelled modified conversion, offset of benefits from such conversion, prior material breach, award of damages where Government bore economic risks of ownership of mutual thrift at time of breach Signed by Judge Miller, G..

99-31V • GAIL DEVONSHIRE,v.SECRETARY OF THE DEPARTMENTOF HEALTH AND HUMAN SERVICES

Filed 04/12/2007
Vaccine Act; Tetanus; Brachial Neuritis; Cervical Radiculopathy Signed by Judge Block.

06-255C • RICK'S MUSHROOM SERVICE, INC., v. UNITED STATES OF AMERICA

Filed 04/10/2007
Contracts; breach of contract; motion to dismiss pursuant to RCFC 12(b); subject matter jurisdiction; ripeness; Contract Disputes Act, 41 U.S.C. § 609 (2000); contract for procurement of services; procurement contract versus cooperative agreement; Spearin doctrine; Anti-Deficiency Act, 31 U.S.C. § 1341 (2000); implied-in-law warranty Signed by Judge Miller, C..

05-252T • EDWARD MARANDOLA, JR., and CARMEN MARANDOLA, v. UNITED STATES OF AMERICA

Filed 04/04/2007
Trial on stipulated facts in a tax refund suit; trader in securities; 26 U.S.C. § 475(f); mark-to-market tax accounting method; attempted change of proper accounting methods; Rev. Proc. 99-17; 26 U.S.C. § 7422(a); "substantial variance" rule; Treas. Reg. § 301.9100-3 Signed by Judge Lettow.

06-786C • KNOWLEDGE CONNECTIONS TRAVEL, INC. v. UNITED STATES OF AMERICA

Filed 04/03/2007
Pre-award bid protest converted to a post-award protest; cross-motions for judgment on the administrative record; General Services Administration set-aside contracts for service-disabled, veteran-owned small businesses; information technology procurement; Veterans Technology Services Government-wide Acquisition Contract; "executive agent" designation by the Office of Management and Budget Signed by Judge Lettow.

07-125C • PROTECTION STRATEGIES, INCORPORATED, v. UNITED STATES OF AMERICA

Filed 04/02/2007
Post-Award Bid Protest; Motion for Preliminary Injunction; Declarations; Live Testimony; Hearsay; Bait and Switch; National Security Signed by Judge Sweeney.

98-168C, 02-1632C & 03-2699C • NORTH STAR ALASKA HOUSING CORPORATION, v. UNITED STATES OF AMERICA

Filed 04/02/2007
Trial; Government contract; Lease of development for military housing; Bad faith; Breach of covenant of good faith and fair dealing; Specific statements evidencing animus; Actions taken by defendant indicative of bad faith; Breach of lease provisions; Abuse of dispute resolution process - loss of independence; Damages; Loss in value of development; Other damages; Relief granted Signed by Judge Allegra.

06-424C • AMERISTAR FINANCIAL SERVICING, COMPANY, LLC, v. UNITED STATES OF AMERICA

Filed 03/30/2007
Contracts; Motion to Dismiss; Financial Institution Reform, Recovery and Enforcement Act, 12 U.S.C. § 1464; 12 U.S.C. § 1821; Tucker Act, 28 U.S.C. § 1491; whether the FDIC as receiver or conservator of a federal savings bank is the United States Signed by Judge Damich.

04-1052C • M.A. DeATLEY CONSTRUCTION, INC., v. UNITED STATES OF AMERICA

Filed 03/30/2007
Contracts; equitable adjustment and/or damages; Motion to Strike; RCFC 37(c); Motion for Summary Judgment; RCFC 56(c); False Claims Act, 31 U.S.C. § 3729; Contract Disputes Act, 41 U.S.C. § 604; Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514; whether a party has made a showing sufficient to establish the essential elements of its claim Signed by Judge Damich.

07-7C • MANAGEMENT SOLUTIONS & SYSTEMS, INCORPORATED, v. UNITED STATES OF AMERICA

Filed 03/30/2007
Administrative Procedure Act, 5 U.S.C. § § 701, et. seq.; Intervenor as a Matter of Right, RCFC 24(a); Jurisdiction; Modification; Motion for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); 13 C.F.R. § § 124.504(c), 124.512 Signed by Judge Braden.

05-168L • CASITAS MUNICIPAL WATER DISTRICT, v. UNITED STATES OF AMERICA

Filed 03/29/2007
Fifth Amendment Taking—A takings claim seeking compensation for regulatory restrictions imposed by the National Marine Fisheries Service under the authority of the Endangered Species Act limiting water diversions otherwise permitted under a state-issued water license may not be treated as a per se or physical taking. Instead, such a claim must be analyzed under the conventional three-factor test identified in Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) Signed by Judge Wiese.

05-1119L • ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, husband of, CYNTHIA BORDELON and, STEVE'S MOBILE ...

Filed 03/29/2007
ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, husband of, CYNTHIA BORDELON and, STEVE'S MOBILE HOME & R.V. REPAIR, INC., v. UNITED STATES OF AMERICA Concise and Direct Pleading, RCFC 8(e), 12(e), 15(a); Just Compensation Clause, U.S. CONST. amend. V; Motion In Limine; Motion to Dismiss, RCFC 12(b)(1); Ripeness; Standing; Subject Matter Jurisdiction Signed by Judge Braden.

06-86T • DESERET MANAGEMENT CORPORATION, v. UNITED STATES OF AMERICA

Filed 03/29/2007
Motion to Compel Discovery; In Camera Review of Documents; Attorney-Client Privilege; Work Product Privilege; Deliberative Process Privilege; "Personal Privacy Privilege" Signed by Judge Hewitt.

01-570C, 01-627C, 04-501C • BLUE LAKE FOREST PRODUCTS, INC., TIMBER PRODUCTS COMPANY, CLR TIMBER HOLDINGS, INC., v. UNITED STATES OF AMERICA

Filed 03/29/2007
Discovery; Attorney-Client Privilege; "At-Issue" Waiver; Subject-Matter Waiver; Scope of Waiver; Work-Product Doctrine; Inadvertent Production of Privileged Material Signed by Judge Williams.

96-760C • NORTHROP GRUMMAN CORPORATION, MILITARY AIRCRAFT DIVISION, v. UNITED STATES OF AMERICA

Filed 03/28/2007
Classified Documents; Deposition Testimony; Inactive Security Clearance; Denial of Special Program Access Signed by Judge Horn.

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