USCFC General Jurisdiction-Reported

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06-874C • HAMILTON SUNDSTRAND POWER SYSTEMS, v. UNITED STATES OF AMERICA

Filed 02/21/2007
Post-Award Bid Protest; Standing and Prejudice; Unequal Evaluation of Offers Signed by Judge Bruggink.

04-541L • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA ...

Filed 02/20/2007
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES OF AMERICA Contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No. 102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims Signed by Judge Miller, C..

95-524C • HOMER J. HOLLAND, HOWARD R. ROSS, AND FIRST BANK, v. UNITED STATES OF AMERICA

Filed 02/20/2007
Winstar damages, summary judgment, expectancy damages, lost profits damages, "lost value" damages, genuine issues of material fact RCFC 59(a), motion for reconsideration of interlocutory order, manifest error of law or mistake of fact, law of the case doctrine, effect of release of one of two or more joint obligors on a contract, applicable law, federal common law, Illinois law, intent of parties to release Signed by Judge Miller, G..

95-524C • HOMER J. HOLLAND, HOWARD R. ROSS, AND FIRST BANK, v. UNITED STATES OF AMERICA

Filed 02/20/2007
Winstar damages, summary judgment, expectancy damages, lost profits damages, "lost value" damages, genuine issues of material fact RCFC 59(a), motion for reconsideration of interlocutory order, manifest error of law or mistake of fact, law of the case doctrine, effect of release of one of two or more joint obligors on a contract, applicable law, federal common law, Illinois law, intent of parties to release Signed by Judge Miller, G..

99-550L into which has been consolidated 00-169L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. UNITED STATES OF AMERICA

Filed 02/15/2007
Indian Trust Claim; Post-trial Proceedings to Determine Damages; Damages for Breach of Trust Obligations with Respect to Royalty Calculation and Collection; Damages for Breach of Trust Obligations with Respect to Deposit and Investment of Royalties Signed by Judge Hewitt.

05-1070C • LAUREN GUZAK, v. UNITED STATES OF AMERICA

Filed 02/15/2007
Tax Treatment of Incentive Stock Options; Alternative Minimum Tax ("AMT"); IRC § 83; IRC § 421; IRC § 422; Net Operating Loss and Carry Back; IRC § 172; IRC § 1211; Capital Loss Limitation; Treas. Reg. § 1.83 Signed by Judge Firestone.

04-856C • WALTER JAYNES, et al., v. UNITED STATES OF AMERICA

Filed 02/14/2007
Back pay, "high work," Environmental Differential Pay, "high pay," collective bargaining agreement, Back Pay Act, 5 U.S.C. § 5596, Prevailing Rate Systems Act, 5 U.S.C. § 5341 et seq., Civil Service Reform Act of 1978, 5 U.S.C. 7101 et seq., subject matter jurisdiction, effect of 1994 amendment to the Civil Service Reform Act of 1978, bona fide dispute, accord and satisfaction, proper subject matter, competent parties, meeting of the minds, consideration, plain meaning, ambiguity, doctrine of contra proferentem Signed by Judge Miller, G..

02-1278T • PRINCIPAL LIFE INSURANCE COMPANY and SUBSIDIARIES, v. THE UNITED STATES ERRATA

Filed 02/14/2007
Motion for reconsideration; Setoff; Lewis v. Reynolds; Belated raising of setoff in tax refund suit limited by considerations of judicial economy and prejudice; Cases involving Tax Court Rule 155 are inapposite; Motion for reconsideration denied Signed by Judge Allegra.

99-4451L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 02/12/2007
99-4451L c/w 99-4453L, 99-4454L, 99-4455L, 99-4456L, 99-4457L, 99-4458L, 99-4459L, 99-44510L, 99-44511L, 99-44512L, 00-365L, 00-379L, 00-380L, 00-381L, 00-382L, 00-383L, 00-384L, 00-385L, 00-386L, 00-387L, 00-388L, 00-389L, 00-390L, 00-391L, 00-392L, 00-393L, 00-394L, 00-395L, 00-396L, 00-398L, 00-399L, 00-400L, 00-401L, 04-277L, 05-1353L, 05-1381L, 06-72L Takings; Pre-trial; Rule 26(a)(2)(B); Motion in Limine to Strike Expert Witness Report Signed by Judge Hewitt.

05-1218C • REBECCA RYAN d/b/a FLYAWAY FARM AND KENNELS, v. UNITED STATES OF AMERICA

Filed 02/09/2007
Bid Protest; Motion for Attorney's Fees and Costs; Equal Access to Justice Act, 28, U.S.C. § 2412; 5 U.S.C. § 504; Prevailing Party; Catalyst Theory Signed by Judge Hewitt.

02-1795C • THE SWEETWATER, A WILDERNESS LODGE LLC, v. UNITED STATES OF AMERICA

Filed 02/09/2007
Equal Access to Justice Act; Apportionment; Interest for Late Payment; Pre-Litigation Fees and Expenses Signed by Judge Merow.

06-282C • CHANT ENGINEERING CO., INC.,v. UNITED STATES OF AMERICA

Filed 02/07/2007
Post-Award Bid Protest; Standing to Protest; Procurement of a Commercial, Off-the-Shelf System; Compatibility Requirements Signed by Judge Horn.

06-825C • DISMAS CHARITIES, INC.,v. UNITED STATES OF AMERICA

Filed 02/07/2007
Bid protest; jurisdiction; standing; interested party Signed by Judge Margolis.

06-519C • GLORIA ANNETTE CHANEY, v. UNITED STATES OF AMERICA

Filed 02/02/2007
Board for Correction of Military Records, Military Pay Act, disability, statute of limitations, subject matter jurisdiction, failure to state a claim upon which relief can be granted Signed by Judge Miller, G..

04-1792C • AAB JOINT VENTURE, v. UNITED STATES OF AMERICA

Filed 02/02/2007
Implied warranty of specifications; defective specifications; dimension tolerances;reliance; change due to response to request for information; notice and request for equitable adjustment requirement for constructive change; earthworks; compaction of fill; density tests Signed by Judge Damich.

97-334C • CCA ASSOCIATES, v. UNITED STATES OF AMERICA

Filed 01/31/2007
Post-trial findings and conclusions;Takings Clause of the Fifth Amendment; National Housing Act; Emergency Low Income Housing Preservation Act; Low-Income Housing Preservation and Resident Homeownership Act; temporary taking; Penn Central analysis; just compensation Signed by Judge Lettow.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA

Filed 01/31/2007
Winstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment Signed by Judge Williams.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA

Filed 01/31/2007
Winstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment Signed by Judge Williams.

04-556C • BETA ANALYTICS INTERNATIONAL, INC., v. THE UNITED STATES

Filed 01/31/2007
Post-award bid protest; arbitrary evaluation process; awarding bid preparation and proposal costs; contemporaneous records; reconstructed records; staff time spent on proposal; costs incurred prior to issuance of solicitation; third party invoices; consultant costs; publishing support services costs Signed by Judge Wolski.

05-1311C • ROBIN C. BROOKINS, v. UNITED STATES OF AMERICA

Filed 01/30/2007
Military Pay; Jurisdiction; Voluntariness; Waiver of Sanctuary, 10 U.S.C. § 12686(b); Motion to Dismiss Signed by Judge Horn.

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