USCFC General Jurisdiction-Reported

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06-875C • JAMES R. HEUSS, v. THE UNITED STATES

Filed 09/25/2007
Motion to Dismiss; Rule 12(b)(1); 28 U.S.C. § 2501; Back Pay Claim Barred Under Martinez Signed by Judge Hewitt.

07-407C • TMI MANAGEMENT SYSTEMS, INC., v. THE UNITED STATES

Filed 09/25/2007
Motion for Summary Judgment; Cross-Motion for Summary Judgment; Option Clause Signed by Judge Smith.

07-597C • DATA MANAGEMENT SERVICES JOINT VENTURE, v. THE UNITED STATES

Filed 09/24/2007
Post-Award Bid Protest; RCFC 52.1 Motion for Judgment on the Administrative Record; Protest of Task Order Under Federal Supply Schedule Contract; Evaluation of Quotations; Scope of Federal Supply Schedule Contract Signed by Judge Bruggink.

02-30C, 04-1822C & 05-249C consolidated • AMBER RESOURCES CO., et al., v. THE UNITED STATES

Filed 09/24/2007
RCFC 59(a)(1) Motion for Reconsideration; Restitution and Recission; Duty to Return Property in Substantially the Same Condition; Election of Remedies Signed by Judge Bruggink.

07-562C • ERINYS IRAQ LTD., v. THE UNITED STATES

Filed 09/14/2007
Contracts; pre-award bid protest; best value procurement; competitive range determination; unequal treatment; price realism and reasonableness; prejudice Signed by Judge Miller, C..

98-720C • PRECISION PINE & TIMBER, INC., v. THE UNITED STATES

Filed 09/14/2007
Timber sale contracts, expectancy damages, consequential damages, lost volume seller, cover damages, "hole in the profit pipeline", burden of proof, offset, collateral undertakings; overrun factor; conversion factor; product mix; economic impracticability; gross profit; net profit; manufacturing overhead; administrative overhead Signed by Judge Miller, G..

00-40C • GENERAL MOTORS CORPORATION, v. THE UNITED STATES

Filed 09/14/2007
Original CAS 413.50(c)(12), 48 C.F.R. § 9904.413-50(c)(12), requires use of actuarial assumptions developed under CAS 412.40(b)(2), 48 C.F.R. § 9904.412-40(b)(2), absent a plan termination; "actuarial liability," CAS 413.30(a)(4), CAS 412.30(a)(5); "actuarial cost method," CAS 413.30(2), CAS 412.30(a)(3); "actuarial assumption," CAS 413.30(1), CAS 412.30(2); "actuarial gain and loss," CAS 413.30(a)(3), CAS 412.30(a)(4) Signed by Judge Firestone.

05-503T • HOSPITAL SERVICES ASSOCIATION OF NORTHEASTERN PENNSYLVANIA, v. THE UNITED STATES

Filed 09/14/2007
Blue Cross/Blue Shield Entity; Tax Reform Act of 1986; Fresh Start Basis Rule; Loss Deductions for Terminated Healthcare Coverage Contracts; Change in Accounting Method Signed by Judge Wheeler.

06-491L • WALLACE OENGA, et al., v. THE UNITED STATES

Filed 09/13/2007
Motion to compel inspection/production of documents; RCFC 37(a), 56(f); relevance, RCFC 26 Signed by Judge Damich.

05-1193C, 06-0296C • ARKO EXECUTIVE SERVICES, INC.,v. THE UNITED STATES

Filed 09/12/2007
Cross-motions for summary judgment;Contract Disputes Act; Extension of contract - whether extension should be viewed as having been made under FAR § 52.217-8 (option to extend service) or FAR § 52.237-3 (continuity of service); FAR § 52.217-9(c) - total duration clause involving options not a limit on the use of other FAR extension provisions; Storage Technology followed Signed by Judge Allegra.

03-2811C • UNITED STATES FIRE INSURANCE CO., v. THE UNITED STATES

Filed 09/12/2007
Trial; Equitable Subrogation Claim by Surety; Progress Payments; Government Abuse of Discretion Signed by Judge Horn.

07-90L • R&D DYNAMICS CORPORATION, v. THE UNITED STATES

Filed 09/12/2007
Bid Protest; Motion to Dismiss; Rule 12(b)(1); Cross Motions for Judgment on the Administrative Record, Rule 52.1; Whether Plaintiff's Failure to Obtain SBIR Phase II Award Occurred "in connection with a procurement or a proposed procurement"; 28 U.S.C. § 1491(b)(1)(2000) Signed by Judge Hewitt.

07-55C • CHE CONSULTING, INC., v. THE UNITED STATES

Filed 09/12/2007
Pre-award Bid Protest; Challenge to Agency's Merger of Hardware and Software Maintenance Requirements; Rational Basis Test; Supplementation of the Administrative Record Signed by Judge Wheeler.

04-461C • CADDELL CONSTRUCTION CO., INC. v. THE UNITED STATES

Filed 09/07/2007
Construction Contract, Design Specification, Breach of Implied Warranty, Causation, Superior Knowledge Signed by Judge Futey.

07-542C • JAMES A. FULLARD, SR., v. THE UNITED STATES

Filed 08/31/2007
Pro Se Plaintiff; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Sua Sponte Dismissal for Lack of Subject Matter Jurisdiction; Civil Rights Act; Improper Parties; Fraud; Fourth, Fifth, and Eleventh Amendments; Frivolous; 28 U.S.C. § 1915A Signed by Judge Sweeney.

03-1433L • THE UNITED KEETOOWAH BAND of CHEROKEE INDIANS of OKLAHOMA, v. THE UNITED STATES

Filed 08/31/2007
Permissive Intervention; Independent Subject Matter Jurisdiction; RCFC 24(b)(2) Signed by Judge Firestone.

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.

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