USCFC General Jurisdiction-Reported

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06-525C • DIANA DAWSON, v. UNITED STATES OF AMERICA

Filed 01/22/2007
Public Safety Officers' Benefits Act of 1976, 42 U.S.C. § § 3796 - 3796c; Death Benefits Eligibility; Date of Injury Signed by Judge Firestone.

97-579C • SGS-92-X003, v. UNITED STATES OF AMERICA

Filed 01/19/2007
Drug Enforcement Administration Confidential Informant; Implied-In-Fact Contract; Actual Authority; Implied Actual Authority; Ratification; Summary Judgment; Subject Matter Jurisdiction; Tortious Breach of Contract Signed by Judge Williams.

91-1362C • THE BOEING COMPANY, SUCCESSOR-IN-INTEREST TO ROCKWELL INTERNATIONAL CORPORATION, v. UNITED STATES OF AMERICA

Filed 01/17/2007
Cost-plus-award-fee contract; summary judgment; stipulations of fact; breach of obligation that award fee be determined by contractually designated official; damages Signed by Judge Lettow.

03-2459C • JANE DOE, ET AL., v. UNITED STATES OF AMERICA

Filed 01/12/2007
Subject Matter Jurisdiction; RCFC 12(b)(1); Breach of Collective Bargaining Agreement; Overtime Compensation; Fair Labor Standards Act, 29 U.S.C. § § 201 et. seq.; Federal Employee Pay Comparability Act, 5 U.S.C. § §5541-5549; Statutory Interpretation; In Pari Materia; Expressio Unius Est Exclusio Alterius; Failure To State A Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6) Signed by Judge Williams.

02-1278T • PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES, v. UNITED STATES OF AMERICA

Filed 01/09/2007
Tax refund suit; Motion for leave to amend answer; Offset and equitable recoupment claims raised post-trial and post-decision on the merits; RCFC 15; RCFC 15(a) - leave to amend is to be "freely given when justice so requires"; Foman; leave not granted where there is prejudice and undue delay; RCFC 15(b); Motion denied Signed by Judge Allegra.

04-1335C • JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, v. THE UNITED STATES

Filed 01/04/2007
Class action under RCFC 23; Class notice Signed by Judge Allegra.

01-20C • ALLIANT TECHSYSTEMS INC., ATK AEROSPACE GROUP, v. UNITED STATES OF AMERICA

Filed 01/04/2007
Summary judgment; settlement agreement; contract interpretation; plain meaning;reasonable interpretation; unambiguous terms;extrinsic evidence; post-settlement consideration of claims; estoppel Signed by Judge Wolski.

05-1023L • ROSEBUD SIOUX TRIBE, a federally recognized Indian Tribe, v. UNITED STATES OF AMERICA

Filed 01/04/2007
Judgment on the Pleadings; Breach of Trust; Statute of Limitations Signed by Judge Merow.

06-544C • JOHN DOE, v. UNITED STATES OF AMERICA

Filed 12/29/2006
Appointment of Counsel,
28 U.S.C. § 1915(e)(1);
DNA Identification Act,
42 U.S.C. § 14131 et seq.;
Federal Torts Claims Act,
28 U.S.C. § 1346(b)(1);
Little Tucker Act, 28 U.S.C. § 1346(a)(2); Motion to Dismiss, RCFC 12(b)(1);
N.D. CENT. CODE, § 31-13-03; Privacy Act, 5 U.S.C. § 552a; Pro Se; Transfer to United States District Court, 28 U.S.C. § 1631;
Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.

03-2221C • ST. CHRISTOPHER ASSOCIATES, L.P., v. UNITED STATES OF AMERICA

Filed 12/29/2006
Breach of Contract; Motion to Dismiss, RCFC 12(b)(1), (b)(6); National Housing Act, 12 U.S.C. § 1715z-1, as amended; Statute of Limitations, 28 U.S.C. § 2501; Summary Judgment, RCFC 56(c); Tucker Act, 28 U.S.C. § 1491; U.S. CONST. amend. V; 24 C.F.R. § 235.55(a) (1995) (saved by § 236.1(b) (1997)); 24 C.F.R. § 245.325(b) Signed by Judge Braden.

98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. UNITED STATES OF AMERICA

Filed 12/29/2006
U.S. CONST. AMEND V. Signed by Judge Braden.

06-585C consolidated with 06-612C • MADEN TECH CONSULTING INC.,v. UNITED STATES OF AMERICA

Filed 12/29/2006
Administrative Procedures Act, 5 U.S.C. § 706(2)(A);
Competition in Contracting Act, 31 U.S.C. § 3553;
Consolidation, RCFC 42(a);
Related Case, RCFC 40.2 Signed by Judge Braden.

06-439C • JOYCE EVANS, et al.,v. UNITED STATES OF AMERICA

Filed 12/22/2006
Takings Clause; Commerce Clause; Agricultural Marketing Agreement Act of 1937; motion to dismiss for failure to state a claim; RCFC 12(b)(6) Signed by Judge Lettow.

04-74C consolidated with 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. UNITED STATES OF AMERICA

Filed 12/22/2006
Motion for Reconsideration;
Spent Nuclear Fuel Case;
Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425, 96 Stat. 2201; Calculation of
Damages; Dry Storage;
Reracking Signed by Judge Hewitt.

02-131C • PRECISION PINE & TIMBER, INC., v. UNITED STATES OF AMERICA

Filed 12/22/2006
Timber sale contracts, calculation of damages due to contractor's breach, Debt Collection Act, 31 U.S.C. § 7301 et.
seq., timing of interest accrual, fixed interest rate, variable interest rate, mitigation, penalty charge Signed by Judge Miller, G..

consolidated • ABEN E. JOHNSON and JOAN G. JOHNSON, v. UNITED STATES OF AMERICA (01-428T, 03-2803T & 05-1265T)

Filed 12/21/2006
Theft Loss Deduction; Year of Discovery; Ascertain with Reasonable Certainty; Resolution of Reimbursement Claim;
IRC § 165; Treas. Reg. § 1.165-1 Signed by Judge Firestone.

05-1236C • EVA P. WHITE, Administratrix of the Estate of CHRISTINE H. ROBERTS v. UNITED STATES OF AMERICA

Filed 12/20/2006
Public Safety Officers' Benefits Act, PSOBA, 42 U.S.C. § 3796, et seq.; Eligibility for benefits;
Filing of a Claim, 28 C.F.R. § 32.20 (2001); Execution of a Claim, 28 C.F.R. § 32.19 (2001); Payment to a beneficiary's estate; Chevron deference; plain meaning of regulation Signed by Judge Baskir.

06-308T • ROBERT R. BIDDULPH, v. UNITED STATES OF AMERICA

Filed 12/20/2006
RCFC 12(b)(1); Motion to Dismiss; No Subject Matter Jurisdiction Over Tax Refund Suit; Full Payment Rule;
Flora v. United States; No Timely Claim for Refund; Lawful Tax Collection is not Fifth Amendment "Taking"; Nonmonetary Relief Signed by Judge Hodges.

01-116C • NEBRASKA PUBLIC POWER DISTRICT, v. UNITED STATES OF AMERICA

Filed 12/19/2006
Motion to certify case for interlocutory appeal; Spent nuclear fuel case; Prior ruling that mandamus issued in Northern States is void and that briefing on the unavoidable delays clause should occur; 28 U.S.C. § 1292(d)(2); Controlling question of law; Substantial ground for difference of opinion; Whether certification would materially advance termination of litigation; Grounds for interlocutory appeal found to exist; Motion granted Signed by Judge Allegra.

06-556C • ROBERT HOWARD-PINSON, v. UNITED STATES OF AMERICA

Filed 12/18/2006
Military Pay Act; Court-Martial Conviction; Collateral Estoppeli Signed by Judge Wheeler.

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