USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-829C • URMILA BANERJEE, v. THE UNITED STATES

Filed 07/26/2007
Motion to Dismiss; Motion for Judgment Upon the Administrative Record; Military Disability Retirement; Veteran's Administration Disability Ratings Signed by Judge Horn.

06-509C • CHRISTOPHER R. PHILLIPS, v. THE UNITED STATES

Filed 07/25/2007
Title VII; Settlement Agreement; Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Money-Mandating Source; RCFC 15(a) Leave to Amend; 28 U.S.C. §1631; Retransfer to the District Court; Whipsaw Litigation Positions of the Government Signed by Judge Hewitt.

06-714L • SAGUARO CHEVROLET, INC., v. THE UNITED STATES

Filed 07/25/2007
Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Contract; Lack of Privity; Indian Lessor Signed by Judge Hewitt.

05-243C • KEETER TRADING COMPANY v. THE UNITED STATES

Filed 07/19/2007
Capacity to Sue; ContractDisputes Act of 1978, 41 U.S.C. § 601 et seq.; Breach of Contract; Duty to Perform; Cardinal Change Doctrine; Repudiation; Conversion of Termination for Default to Termination for the Convenience of the Government. Signed by Judge Bush.

06-306C • TERESA KIM LANGE v. THE UNITED STATES

Filed 07/19/2007
Equal Pay Act; Statute of Limitations; 29 U.S.C. § 255; Continuing Violation Doctrine; Equitable Tolling; Equitable Estoppel Signed by Judge Williams.

07-213L • CHIEF WAR EAGLE FAMILY ASSOCIATION & TREATY OF 1837 & 1917 REINSTATEMENT v. THE UNITED STATES

Filed 07/18/2007
RCFC 83.1(c)(8); Immediate Family Representation Signed by Judge Smith.

05-296T • GRAPEVINE IMPORTS, LTD., and T-TECH, INC., as Tax Matters Partner, v. THE UNITED STATES

Filed 07/17/2007
TEFRA partnership proceeding; Six-year statute of limitations under section 6501(e)(1)(A) of the Internal Revenue Code; Application of section 6501(e)(1)(A) where taxpayer allegedly understates gross income owing to an overstatement of basis; Colony - section 275(c) of the 1939 Code; Binding precedent; Colony rationale applicable to construction of 1954 Code provision; Overstating basis of property sold not an omission for purposes of section 6501(e)(1)(A); 1999 assessments time-barred under section 6501(a) of the Code; 2000 assessments unaffected. Signed by Judge Allegra.

07-377C • MOORE'S CAFETERIA SERVICES, d/b/a MCS MANAGEMENT v. THE UNITED STATES

Filed 07/13/2007
Bid Protest; Waiver of Challenges to Terms of Solicitation; Independent Government Estimate; Price Reasonableness; Proof of Prejudice. Signed by Judge Firestone.

06-432C • CONTINENTAL AIRLINES, INC. v. THE UNITED STATES

Filed 07/12/2007
Illegal Exaction Claim; Agricultural Quarantine Inspection User Fee, 21 U.S.C. § 136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq. Signed by Judge Margolis.

06-640T • ALEX and ANN CHERBANAEFF v. THE UNITED STATES

Filed 07/12/2007
Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6); Wrongful Levy; Review of Denial of Offers in Compromise; Statutory Interest; Damages Claims Under 26 U.S.C. § 7433; Fifth Amendment Takings; Due Process; Injunctive Relief. Signed by Judge Firestone.

03-446C • LEROY BISHOP v. THE UNITED STATES

Filed 07/11/2007
Partial Summary Judgment; Overtime Pay; Federal Employees Pay Act, 5 U.S.C. § 5542; 5 C.F.R. § 550.111(c); Travel-Related Overtime; Statute of Limitations; Relation Back under RCFC 15(c)(2). Signed by Judge Bruggink.

06-629T • PETER J. and JEANNE LOCKE v. THE UNITED STATES

Filed 07/10/2007
Tax; wrongful levy; full-payment rule; jurisdiction; responsible advocacy. Signed by Judge Miller, C..

98-614C • SOUTHERN NUCLEAR OPERATING COMPANY, ALABAMA POWER COMPANY, GEORGIA POWER COMPANY, v. UNITED STATES OF AMERICA

Filed 07/09/2007
Damages for breach of Standard Contract for disposal of spent nuclear fuel and high-level radioactive waste; mitigation; incurred costs for partial breach of contract; foreseeability; substantial causal factor; commercial reasonableness; reasonable certainty; waiver Signed by Judge Merow.

01-495C • KENT CHRISTOFFERSON, et al., v. UNITED STATES OF AMERICA

Filed 07/06/2007
Motion for Leave to File Amended Complaint; Rule 15(a); Undue Delay and Prejudice Signed by Judge Bruggink.

04-1544L • ELLAMAE PHILLIPS CO., v. UNITED STATES OF AMERICA

Filed 07/03/2007
Fifth Amendment taking; Railsto-Trails Act, 16 U.S.C. § 1247(d); General Railroad Right of Way Act of 1875, 43 U.S.C. § § 934-939; right-of-way; easement; abandonment; Hash v. United States, 403 F.3d 1308 (Fed. Cir. 2005); stare decisis; precedent; dicta Signed by Judge Baskir.

06-797C • BRENDA J. MARTINEZ, pro se v. UNITED STATES OF AMERICA

Filed 06/29/2007
Back Pay; Bar to Reenlistment; Discharge; Jurisdiction, 28 U.S.C. § 1491; Justiciability; Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss, RCFC 12(b)(6); Motion for Judgment on the Administrative Record, RCFC 52.1; Pro Se; Qualitative Management Program; Temporary Early Retirement Authority Signed by Judge Braden.

05-5T • KERR-MCGEE CORPORATION and SUBSIDIARIES, v. UNITED STATES OF AMERICA

Filed 06/29/2007
Tax Refund; Motion for Partial Summary Judgment; 26 U.S.C. § § 162, 263 (1994); Environmental Remediation Costs Signed by Judge Sweeney.

07-73C • ARINC ENGINEERING SERVICES, LLC, v. UNITED STATES OF AMERICA

Filed 06/28/2007
Post-award bid protest; Contract for space and missile defense integration; Motion for judgment on the administrative record - nature of review - Bannum; Claimed organizational conflict of interest - relevant FAR provisions described; Unequal access to information; Multi-factored test; Nature of limited prejudice inquiry in case involving organizational conflict of interest; Distinguishing between desirable benefits of incumbency and unequal access to information giving rise to organizational conflict of interest; Contracting officer determination that no organizational conflict of interest existed upheld as not arbitrary and capricious; Relief denied Signed by Judge Allegra.

06-701C With Which No. 06-715C Is Consolidated • GUY W. PARKER, v. UNITED STATES OF AMERICA

Filed 06/28/2007
Contract Disputes Act, 41 U.S.C. § 601 et seq.; Motion to Dismiss, RCFC 12(b)(1); Privacy Act, 5 U.S.C. § 552(a); Summary Judgment, RCFC 56(c); Tucker Act, 28 U.S.C. § 1491(a); Wunderlich Act, 41 U.S.C. § § 321, 322 Signed by Judge Braden.

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