USCFC General Jurisdiction-Reported

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07-518C & 07-519C • SUPERIOR HELICOPTER LLC and RANIER HELI-LIFT, INC., v. THE UNITED STATES

Filed 08/30/2007
Override determination by Forest Service of stay arising with post-award bid protests; 31 U.S.C. §3553(d)(3)(C); helicopter firefighting services; "exclusive use" contracts; "call when needed" contracts; motions for judgment on the administrative record; trial on equitable issues; declaratory relief Signed by Judge Lettow.

03-2047C • PDR, INC., v. THE UNITED STATES

Filed 08/30/2007
Motion for summary judgment, absence of genuine issue of material fact, contract interpretation, dismissal for lack of subject matter jurisdiction, quantum meruit, failure to exhaust administrative remedies, Cooperative Research and Development Agreement, disputes clause, Fifth Amendment taking, accord and satisfaction, consideration Signed by Judge Miller, G..

07-181T • DAVID N. RUSSELL, v. THE UNITED STATES

Filed 08/29/2007
Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Money-Mandating Source; Anti-Injunction Act; Fifth Amendment Due Process Clause; Fourth Amendment; Fifth Amendment Takings Clause Signed by Judge Hewitt.

06-734C • LAURELWOOD HOMES LLC, v. THE UNITED STATES

Filed 08/29/2007
Contracts;Motion to Dismiss; RCFC 12(b)(6); 31 U.S.C. § 3901 et seq.(2000); Prompt Payment Act Interest Signed by Judge Damich.

07-313V • TERRY ALLEN JONES, v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/29/2007
National Vaccine Compensation Program; Statute of Limitations; Unavailability of Equitable Tolling Signed by Judge Hewitt.

06-495C • NORTH HARTLAND, L.L.C., v. THE UNITED STATES

Filed 08/27/2007
Contracts; jurisdiction; motion to dismiss; conversion of motion to dismiss under RCFC 12(b); well-pleaded complaint; privity of contract Signed by Judge Miller, C..

98-533T & consolidated cases 98-5330T • EUNICE GINGERICH, Executor of the Estate of Fenton Gingerich, et al v. THE UNITED STATES

Filed 08/24/2007
Order for final judgment; refund of taxes paid on assessment made by IRS after time for making assessment had expired; refund of enhanced interest paid under former I.R.C. § 6621(c); application of I.R.C. § 6229(f)(1); substitution of representatives for deceased parties; RCFC 25(a)(1) Signed by Judge Lettow.

07-216C • BRIAN X. SCOTT, pro se, v. THE UNITED STATES

Filed 08/23/2007
Contracts; pre-award bid protest; standing; 28 U.S.C. § 1491(b)(1) (2000); subject matter jurisdiction under RCFC 12(b)(1); "interested party"; Anti-Pinkerton Act, 5 U.S.C. § 3108 (2000); 48 C.F.R. § 37.109 2006) Signed by Judge Miller, C..

99-2051C • ATHEY, ROBERT M., et al., v. THE UNITED STATES

Filed 08/23/2007
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Statute of Limitations; Laches; 5 U.S.C. § 5551; 38 U.S.C. § § 7401-7474; Lump-sum Payment; Basic Pay; Premium Pay Signed by Judge Smith.

05-956T, -971T & 06-285T • DAVID S. and MALIA A. LITMAN, v. THE UNITED STATES

Filed 08/22/2007
Tax; tax refund; valuation of restricted stock options; judicial estoppel; judicial admission; liability for penalties Signed by Judge Miller, C..

05-1030T • HIGHMARK, INC., SUCCESSOR IN INTEREST TO PENNSYLVANIA BLUE SHIELD AND SUBSIDIARIES, v. THE UNITED STATES

Filed 08/22/2007
Taxes; deductions for losses from termination or cancellation of health care coverage contracts; Fresh Start Basis Rule; change in method of accounting Signed by Judge Margolis.

06-872C • JEAN-ROBIN SOLOW, et al., v. THE UNITED STATES

Filed 08/21/2007
Motion to Dismiss: RCFC 12(b)(1); Statute of Limitations; Laches; Res Judicatars Signed by Judge Smith.

05-515T • COMCATION, INC., v. THE UNITED STATES

Filed 08/17/2007
Trial; Excise tax refund suit; Internet service provider - use of primary rate interface (PRI) services lines to connect customers from different local telephone systems to network; Communications excise tax of section 4251 of the Internal Revenue Code of 1986; PRI lines taxable as "local telephone service" within the meaning of section 4251(b) of the Code; PRI lines not exempt from tax as a "private communications service" within the meaning of section 4252(d) of the Code; USA Choice not followed Signed by Judge Allegra.

02-1041T & 04-1598T • LYMAN F. BUSH, et al., v. THE UNITED STATES

Filed 08/17/2007
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § § 6221-6233; Statutory Notice of Deficiency Signed by Judge Bruggink.

06-427C & 07-365C • BERNARD d'ABRERA and HILL HOUSE PUBLISHERS PTY LTD., v. THE UNITED STATES

Filed 08/15/2007
Claims of copyright infringement; 28 U.S.C. § 1498(b); related actions pending in different courts; 28 U.S.C. § 1500; different operative facts; consolidation; RCFC 42 Signed by Judge Lettow.

05-595C • NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC., v. THE UNITED STATES

Filed 08/14/2007
Contracts; Summary Judgment, RCFC 56(c); Breach of Warranty; Incorporation by Reference Signed by Judge Damich.

07-492C • GRUNLEY WALSH INTERNATIONAL, LLC.v. THE UNITED STATES

Filed 08/13/2007
RCFC 52.1; Motion for Judgment on the Administrative Record; 22 U.S.C. § 4852; 22 § 4864; Total Business Volume; Plain Meaning; Legislative History; Due Deference Signed by Judge Futey.

07-276C • DAVID MANUEL, v. THE UNITED STATES

Filed 08/10/2007
Motion for Summary Dismissal, RCFC 12(b)(1); Pro Se; Standing; Subject Matter Jurisdiction; Tucker Act, 18 U.S.C. § 1491(a)(1); 18 U.S.C. § 1038 Signed by Judge Braden.

02-1078L • GARY BAILEY, v. THE UNITED STATES

Filed 08/10/2007
Fifth Amendment; regulatory takings; summary judgment; ripeness; Section 404 of the Clean Water Act, 33 U.S.C. § 1344; final agency decision; validity of government action; contract for deed under Minnesota law; Anti-Assignment Act, 31 U.S.C. § 3727; Dow rule; owners entitled to just compensation; liens as property interests Signed by Judge Wolski.

06-747C • JERRY P. McNEIL v. THE UNITED STATES

Filed 08/09/2007
RCFC 12(b)(1); Income Tax Levy; Civil Service Retirement Annuity; Internal Revenue Service; Office of Personnel Management; Vested Rights Signed by Judge Sweeney.

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