USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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07-277C • JACOB STEPHEN BROWN, v. UNITED STATES OF AMERICA

Filed 06/14/2007
Application to Proceed in Forma Pauperis; Requirement of Poverty; Procedural Requirements; Presumption that Plaintiff is Not Barred by Three Strikes Rule Where Government Did Not Oppose Motion Signed by Judge Hewitt.

05-455C • CORT ANCMAN and EILEEN ANCMAN, v. UNITED STATES OF AMERICA

Filed 06/13/2007
Motion to Dismiss; Jurisdiction; Secretary of the Air Force's Rejection of the Recommendation of the Air Force Board for Correction of Military Records; Retirement Pay; 37 U.S.C. § 204; 10 U.S.C. § 1552 Signed by Judge Sweeney.

04-1454C • DAVID P. BAIRD, v. UNITED STATES OF AMERICA

Filed 06/11/2007
Military Pay Case; Pro se Plaintiff; Motion for Judgment Upon the Administrative Record; Motion to Dismiss for Failure to State a Claim; Review Following Remand to Board for Correction of Military Records, Office of the General Counsel, United States Department of Homeland Security Signed by Judge Wheeler.

02-197C • ADVANCED TEAM CONCEPTS, INC. v. UNITED STATES OF AMERICA

Filed 06/08/2007
Motion for Summary Judgment; Motion for Clarification; Damages; Christian Doctrine Signed by Judge Smith.

07-150C • HERITAGE OF AMERICA, LLC, v. UNITED STATES OF AMERICA

Filed 06/08/2007
Post-judgment motion for reconsideration, Rule 59 of the Rules of the United States Court of Federal Claims, manifest injustice, reiteration of arguments previously made and rejected, new contentions, waiver of untimely argument Signed by Judge Miller, G..

06-622C • CAMILLE GROSDIDIER, v. UNITED STATES OF AMERICA

Filed 06/07/2007
Subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(1); Back Pay Act, 5 U.S.C. § 5596; 22 U.S.C. § 1474(1); authority to hire aliens for Voice of America when qualified U.S. citizens not available; money-mandating statute; whether statute is fairly amenable to reading that plaintiff has right to monetary damages in the event of violation Signed by Judge Miller, G..

6-813C • AMERICAN RENOVATION AND CONSTRUCTION COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, and ST. PAUL FIRE AND MARINE INSURANCE COMP...

Filed 06/05/2007
AMERICAN RENOVATION AND CONSTRUCTION COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, v. UNITED STATES OF AMERICA RCFC 12(b)(1); Sureties as Plaintiffs; Motion to Transfer; Armed Services Board of Contract Appeals; 41 U.S.C. § 609(d); Motion to Stay Signed by Judge Sweeney.

05-1071T • DANIEL D. PIERCE and HENDY J. LUND, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Alternative Minimum Tax Adjustment, 26 U.S.C. § 56(d)(2)(A)(i); Alternative Minimum Tax Net Operating Loss Deduction, 26 U.S.C. § 56(d)(2); Capital Loss , 26 U.S.C. § § 1211, 1212; Net Operating Loss, 26 U.S.C. § 172; Section 83(b) Election, 26 U.S.C. § 83(b); Summary Judgment, RCFC 56(c); Tax Refund, 26 U.S.C. § § 6511, 7422, 6532, 28 U.S.C. § 1346(a)(1) Signed by Judge Braden.

03-30C • P.R. CONTRACTORS, INC., v. UNITED STATES OF AMERICA

Filed 05/31/2007
Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Jurisdiction; Contracting Officer Final Decision; Contract Interpretation; Parol Evidence; Variation in Estimated Quantity Signed by Judge Williams.

07-150C • HERITAGE OF AMERICA, LLC, v. UNITED STATES OF AMERICA

Filed 05/31/2007
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; prejudice; timeliness; ambiguity; GAO timeliness requirements; laches; "zone of reasonableness"; solicitation; permanent injunction; success on the merits; irreparable harm; balance of hardships; public interest; base year; option years Signed by Judge Miller, G..

07-317C • LARRY L. MOORE, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Improper Party; Tort Claim; Subject Matter Jurisdiction; Pro Se Plaintiff Signed by Judge Horn.

07-305C • LARRY L. MOORE, v. UNITED STATES OF AMERICA

Filed 05/31/2007
Improper Party; Tort Claim; Civil Right Claim; Subject Matter Jurisdiction; Pro Se Plaintiff Signed by Judge Horn.

99-440C • ATK THIOKOL, INC., v. UNITED STATES OF AMERICA

Filed 05/31/2007
Certified Claim, 41 U.S.C. § 605(a), FAR 31.205-11; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Jurisdiction; RCFC 15(a), 54(b); RESTATEMENT (SECOND) OF CONTRACTS § 235(2); FAR § § 4.804-5, 52.216-7 Signed by Judge Braden.

06-786C • KNOWLEDGE CONNECTIONS, INC. v. UNITED STATES OF AMERICA

Filed 05/30/2007
Request for attorneys' fees pursuant to the Equal Access to Justice Act; 28 U.S.C. § 2412(d); prevailing party status; remand not constituting final judgment; inappropriateness of an interim award of fees Signed by Judge Lettow.

06-0580C • JANE GALLO, v. UNITED STATES OF AMERICA

Filed 05/29/2007
Federal Employees' Compensation Act, 5 U.S.C. §8101 et seq. (2000); Improper Restoration Claim; Civil Service Reform Act; Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6) Signed by Judge Bush.

03-2847T • H.J. HEINZ COMPANY AND SUBSIDIARIES, v. UNITED STATES OF AMERICA

Filed 05/25/2007
Trial; Tax refund suit; Whether a subsidiary's acquisition of its parent's stock, followed by the parent's apparent redemption of the majority of that stock, increased the tax basis in the stock retained by the subsidiary, such that capital losses were produced upon the retained stock's sale to an unrelated third party; Loss under section 165 of the Code; Basis; Redemption under section 317(b) of the Code; Substance over form; Burdens and benefits of ownership; Sham transaction doctrine - lack of business purpose; Step transaction doctrine - end result and interdependence tests; No true redemption under section 317(b) of the Code; Loss carryback deductions denied Signed by Judge Allegra.

06-506C • SARANG CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/25/2007
Claim;Contract Disputes Act, 41 U.S.C. § 601, et seq.; Federal Acquisition Regulations, 48 C.F.R. § § 2.101, 33.208, 33.210; Interest; Motion to Dismiss, RCFC 12(b)(1), (b)(6); Prompt Payment Act, 31 U.S.C. § 3901, et seq. Signed by Judge Braden.

06-284C • RONALD COOLEY, v. UNITED STATES OF AMERICA

Filed 05/25/2007
Awards under the Social Security Administration's Employee Suggestion Program; the federal program of incentive awards, 5 U.S.C. § § 4501-13; effect of agency's adoption of employee's suggestions; implied-in-fact contract; breach; abuse of discretion; remand Signed by Judge Lettow.

04-1575C • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA ...

Filed 05/24/2007
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 - ERRATA Pleading and practice; motion for reconsideration; RCFC 59(a); 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 to be drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims Signed by Judge Miller, C..

07-84C • DYNCORP INTERNATIONAL LLC, v. UNITED STATES OF AMERICA

Filed 05/24/2007
Post-Award Bid Protest; Contracting by Negotiation; 48 C.F.R. § 15.306 (2006); Deference to Agency's Technical Evaluation of Proposals; Award without Discussions; Clarifications versus Discussions; Materiality of Proposal Omissions; Responsibility versus Responsiveness; Elimination of Proposal Innovation from Awarded Contract Signed by Judge Bush.

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