USCFC General Jurisdiction-Reported

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98-484C • NORTHERN STATES POWER CON. v. THE UNITED STATES

Filed 12/12/2007
RCFC 59(a)(1); motion for reconsideration of decision determining damages in a suit for partial breach of contract for disposal of spent nuclear fuel. Signed by Judge Wiese.

07-593C • BENCHMADE KNIFE COMPANY, INC., v. THE UNITED STATES GERBER LEGENDARY BLADES DIVISION, FISKARS BRANDS, INC., Defendant-Intervenor

Filed 12/10/2007
Post-award Bid Protest; Untimely Challenge to Solicitation Terms; Bundling and Small Business Set Aside Allegations; Agency's Acceptance of Alternate Product; Supplementation of Administrative Record Denied Signed by Judge Wheeler.

06-748C • MARJORIE MURTAGH COOKE v. THE UNITED STATES

Filed 12/06/2007
Motion for Leave to Amend Answer; Affirmative Defenses; Rules 8(c) and 15(a); Undue Delay or Prejudice; Need to Conduct Additional Discovery. Signed by Judge Wheeler.

06-861T • LAWRENCE D. PENNONI v. THE UNITED STATES

Filed 12/04/2007
Subject Matter Jurisdiction, RCFC 12(b)(1); Erroneous Refund; Illegal Exaction Signed by Judge Firestone.

01-718L • RON AND BETTY BLENDU, et al., v. THE UNITED STATES

Filed 11/30/2007
Rails to Trails; Takings; Summary Judgment; Hash v. United States, 403 F.3d 1308 (Fed. Cir. 2005); Hash v. United States, 454 F. Supp. 2d 1066 (D. Idaho 2006); Category 6 Deeds; Right of Way Signed by Judge Hewitt.

03-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP, a Michigan Limited Partnership, v. THE UNITED STATES

Filed 11/30/2007
Trial; Breach of Housing Assistance Payment Contract by the Department of Housing and Urban Development; Termination for Default; Housing Standard: Decent, Safe and Sanitary Condition Signed by Judge Horn.

05-162L • UNDERWOOD LIVESTOCK, INC., v. THE UNITED STATES

Filed 11/29/2007
Fifth Amendment Taking; Property Interest; Federal Land Policy and Management Act, 43 U.S.C. § 1761; 43 C.F.R. § 2801.3; Right-of-Way on Public Lands; Jurisdiction to Review Interior Board of Land Appeals Decision; Stay Signed by Judge Williams.

05-162L • MASAI TECHNOLOGIES CORP., v. THE UNITED STATES

Filed 11/29/2007
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; organizational conflicts of interest; unequal access to information creating an unfair competitive advantage; application of evaluation criteria set forth in RFQ; request for clarification; interpretation of RFQ; question of law; de novo review; price reasonableness; late proposal modification; substitution of personnel Signed by Judge Miller, G..

07-501V • YLUMINADA MOJICA and JULIO ACEVEDO as legal representatives of JOSHUA ACEVEDO v SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 11/29/2007
Timeliness of petition for compensation under the Vaccine Act; 42 U.S.C. § 300aa-16(a)(2); subject matter jurisdiction; equitable tolling; application of Brockamp and Brice Signed by Judge Lettow.

07-211C • AMERICAN RED BALL INTERNATIONAL, INC., et al.,v. THE UNITED STATES

Filed 11/28/2007
Motion to Dismiss; RCFC 12(b)(6); Plaintiffs, Tucker Act; Contract Disputes Act; Consideration Signed by Judge Hodges.

03-1501C • WILLIAM HOOKER d/b/a GEORGIA BOWHUNTERS SUPPLY, v. THE UNITED STATES

Filed 11/28/2007
Trial; RCFC 52(c); Breach of Contract; Differing Site Conditions; Equitable Adjustment Signed by Judge Hodges.

01-642C • GASA, INC., v. THE UNITED STATES

Filed 11/28/2007
Motion for Summary Judgment; RCFC 56; Dredging; Contract Interpretation; Delay Damages; Existence, Extent, and Reasonableness of Delay; Injury; Concurrent Delay; Disposal of Solid Waste; In-River Placement of Dredged Material Signed by Judge Sweeney.

06-742C • EMERALD COAST FINEST PRODUCE CO.,INC., v. THE UNITED STATES and MILITARY PRODUCE GROUP, LLC, Defendant-Intervenor

Filed 11/26/2007
Post-Award Bid Protest; Capacity to Sue or Be Sued Signed by Judge Hewitt.

06-396C • L-3 COMMUNICATIONS INTEGRATED SYSTEMS, L.P., v. THE UNITED STATES and LOCKHEED MARTIN AERONAUTICS COMPANY, Intervenor

Filed 11/26/2007
Post-Award Bid Protest; Breach of Implied Duty of Fair Dealing; 28 U.S.C. § 1491(b); Jurisdiction; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Accrual Suspension Rule; RCFC 12(b)(1); RCFC 12(b)(6); Presumption of Good Faith; Hearsay; Judicial Notice Signed by Judge Williams.

07-724C • ERACENT, INC., v. THE UNITED STATES and DLT SOLUTIONS, INC., Intervenor

Filed 11/26/2007
Post-Award Bid Protest; RCFC 52.1 Motion for Judgment on the Administrative Record; Protest of Task Order Under Federal Supply Schedule ("FSS") Contract; Standing of non-FSS Contractor; Scope of FSS Contract Signed by Judge Bruggink.

04-106C • DAIRYLAND POWER COOPERATIVE, v. THE UNITED STATES

Filed 11/20/2007
Compelling deposition testimony; sanctions; deliberative process privilege; attorney-client privilege; work product doctrine; RCFC 30(b)(6); FRE 401; FRE 408 Signed by Judge Damich.

06-898C • GRIFFIN BROADBAND COMMUNICATIONS, INC.; TOTAL TV OF FORT IRWIN, LLC, v. THE UNITED STATES

Filed 11/19/2007
Motion to dismiss, RCFC 12(b)(6); takings claims pertaining to rights under a contract Signed by Judge Miller, C..

07-546C • FOREST CITY MILITARY COMMUNITIES, LLC v. THE UNITED STATES and GMH/CENTEX MILITARY COMMUNITIES, Defendant-Intervenor

Filed 11/19/2007
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Best Value Selection of Phase 1 Community Development and Management Awardee for Privatization of Military Family Housing at West Point; Military Housing Privatization Initiative, 10 U.S.C. § § 2871-2885 Signed by Judge Hewitt.

05-217C • ARBITRAJE CASA DE CAMBIO, S.A. DE CV., et al., v. THE UNITED STATES

Filed 11/19/2007
12(b)(1); 12(b)(6); Motion to Dismiss; Sovereign Immunity; Tucker Act; Contract Disputes Act; Transfer; United States Postal Service Money Orders; 28 U.S.C. § 1491(a) Signed by Judge Smith.

07-323C • JABARI ZAKIYA, v. THE UNITED STATES

Filed 11/16/2007
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations; 28 U.S.C. § 1495; 28 U.S.C. § 2513; 28 U.S.C. § 2501 Signed by Judge Hewitt.

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