USCFC General Jurisdiction-Reported

Pro se Plaintiff; Claim for Damages for Alleged Illegal Incarceration; Rule 12(b)(1) and 12(b)(6) Motion to Dismiss; Fort Laramie Treaty of 1868; Act of June 3, 1920, 41 Stat. 738; Indian Claims Commission Act of 1942, 60 Stat. 1049; Bivens Action; RCFC 83.1(a). Signed by Judge Wheeler.

Post-Award Bid Protest; Lack of Standing; Interested Party Status; Weights Applied to Evaluation Criteria; Reasonable Past Performance Evaluation; Lack of Prejudice to Protester; Supplementing the Certified Administrative Record. Signed by Judge Wheeler.

OPINION Signed by Judge Damich.

28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct. 1723 (2011); Substantial Overlap in Operative Facts; RCFC 12(h)(3). Signed by Judge Firestone.

Board for Correction of Naval Records; RCFC 12(b)(1); Jurisdictional Effect of Statute of Limitations 28 U.S.C. § 2501; Henderson v. Shinseki, 131 S.Ct. 1197 (2011); John R. Sand & Gravel Co. v. United States,552 U.S. 130 (2008). Signed by Judge Hodges.

Barter Contract; Government Construction of Road in Exchange for Easement; Interpretation of Contract; Plain Meaning Rule; Reasonableness; Mutual Assent; Defenses of Rescission, Waiver, and Equitable Estoppel Rejected; Expectancy Damages. Signed by Judge Wheeler.

Equal Access to Justice Act, 28 U.S.C. § 2412; Substantial Justification; Attorneys’ Fees; Costs; Expenses. Signed by Judge Horn.

Pretrial Proceeding; Disposition of Motions in Limine to Exclude Witnesses and Evidence Signed by Judge Hewitt.

Partnership tax proceeding; Motion for partial summary judgment; Subchapter S corporation; Qualified Subchapter S subsidiary – 26 U.S.C. § 1361(b)(3)(B); Election to treat subsidiary as a QSub; IRS Notice 97-4; Admission – RCFC 36(b); Admission that S corporation did not own stock of subsidiary on date of election prevented subsidiary from being treated as QSub; Loss deduction based on carry-over basis disallowed; Partial summary judgment granted. Signed by Judge Allegra.

National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review after remand; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I); review of findings of fact by special master. Signed by Judge Miller, C..

Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1)(2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1)(2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

Fifth Amendment Takings Claim; Timeliness, 28 U.S.C. § 2501 (2006); Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Motion for Judgment on the Pleadings, RCFC 12(c). Signed by Judge Bush.

Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Civil Service Reform Act of 1978, Pub. L. No. 95-454; Money-Mandating Statute; Back Pay Act, 5 U.S.C. § 5596; 18 U.S.C. § 3602; 18 U.S.C. § 3672; Due Process Clause Signed by Judge Horn.

Memorandum Opinion and Order Issuing a Preliminary Injunction Signed by Judge Braden.

Indian trust claim brought under the Indian Act, 28 U.S.C. § 1505; claim filed in this court prior to filing of related claim in district court; further motion to dismiss by government based upon 28 U.S.C. § 1500; grammatically proper interpretation of “has pending;” Tohono O’odham; Tecon Signed by Judge Lettow.

Post-Award Bid Protest; Best-Value Analysis; Independent Judgment of Source Selection Authority; Inconsistencies between Source Selection Plan and Solicitation; Price Realism; Independent Government Cost Estimate; Inconsistencies between Adjectival Ratings and Narrative Evaluations. Signed by Judge Bush.

Sovereign Citizen; UCC Financing Statements; Redemption; Express Contract; Implied Contract; 28 U.S.C. § 2042; 31 U.S.C. §§ 1321(b)(1), 1322; Equitable Relief; Frivolous Complaint; Prisoners Must Pay Filing Fee in Full Signed by Judge Sweeney.

Statute of Limitations; 28 U.S.C. § 2501; Claim Accrual; Regulatory Takings; Emergency Low-Income Housing Preservation Act of 1987; Low-Income Housing Preservation and Resident Homeownership Act of 1991; Takings Claim Accrues on the Date Property Could No Longer Prepay Its Mortgage; Creppel; Alder Terrace, Inc.; Celentano; Royal Manor, Ltd.; Parkwood Associates L.P.; Cienega Gardens; Independence Park Apartments Signed by Judge Sweeney.

Pro Se; In Forma Pauperis Application; 28 U.S.C. § 1915. Signed by Judge Horn.