USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-1390C • MICHAEL STRICKLAND v. UNITED STATES OF AMERICA

Filed 10/31/2006
Board for Correction of Naval Records; Correction of Military Records; Remand; 28 U.S.C. § 1491(a)(2). Signed by Judge Braden.

99-363C • TRAFALGAR HOUSE CONSTRUCTION, INC. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Certification; Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Equitable Adjustment; Jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(2); 48 C.F.R. § 52.236-2 (Differing Site Condition); 48 C.F.R. § 52.236-3 (Site Investigation And Conditions Affecting The Work); Fed. R. Ev. 702; RCFC 12(b)(1); RCFC 52(c). Signed by Judge Braden.

95-518C • FIRST FEDERAL LINCOLN BANK. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Winstar-related case; contracts; expectancy damages; lost profits; causation; reasonable certainty. Signed by Judge Margolis.

09-58V • DORY ZATUCHNI, EXECUTRIX OF THE ESTATE OF E. BARBARA SNYDER v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/31/2006
National Vaccine Injury Compensation Program; Recovery of Lifetime Economic Losses and Death Benefits for Vaccine-Caused Injuries and Death; Plain Reading of Act. Signed by Judge Wheeler.

02-272C • O. AHLBORG & SONS, INC. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Merchant Marine Act of 1936, 46 App. U.S.C. § 1271 et seq.; Maritime Administration Loan Guarantee; Issue Preclusion; Privity; Third-Party Beneficiary; Implied-In-Fact Contract. Signed by Judge Williams.

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

Filed 10/31/2006
Motion for Partial Summary Judgment; Outer Continental Shelf Oil and Gas Leasing; Outer Continental Shelf
Lands Act; Rescission and Restitution; Offset of Restitution Award ; Recovery of Sunk Costs as Restitutionary Damages; Reliance Damages Distinguished Signed by Judge Bruggink.

06-254L • PAT H. HAYES v. UNITED STATES OF AMERICA

Filed 10/30/2006
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations; Effect of Earlier Filed Suit on Statute of Limitations; Continuing Claim Doctrine; Additional Briefing on Compliance of Notice with
Law Signed by Judge Hewitt.

97-834T & 97-835T • LAROSA'S INTERNATIONAL FUEL CO. INC.and JOSEPH LAROSA, v. UNITED STATES OF AMERICA

Filed 10/27/2006
Tax Refund Suit; Government Counterclaim for Additional Interest; Settlement Through Tax Court Stipulation and IRS Form 906 Agreement Signed by Judge Wheeler.

06-694C • AUTOMATION TECHNOLOGIES, INC., v. UNITED STATES OF AMERICA

Filed 10/27/2006
Post-Award Bid Protest; Standing; Multiple Indefinite Delivery/Indefinite Quantity Contracts; Task Order Protest Signed by Judge Horn.

06-677C • IVAN COMEDORE STAMPS, v. UNITED STATES OF AMERICA

Filed 10/26/2006
Pro Se Plaintiff; In Forma Pauperis; Improper Defendants; Tort Claims; Constitutional Claims; Civil Rights Claims; Breach of Contract; Injunction Relief Signed by Judge Horn.

04-954C • METRIC CONSTRUCTION CO., INC., v. UNITED STATES OF AMERICA

Filed 10/26/2006
Contracts;Equitable Adjustment; Constructive Change Doctrine; Summary Judgment; Burden on Nonmovant; Defective Specifications; Misrepresentation; Reasonableness of Contractor Action in Response to Direction
by the Government Signed by Judge Bush.

06-668C • REILLY'S WHOLESALE PRODUCE v. UNITED STATES OF AMERICA

Filed 10/26/2006
Motion for preliminary injunction; Automatic stay imposed by Competition in Contracting Act of 1984; Override decision under 31 U.S.C. § 3553(d)(3)(C); Jurisdiction to review under 28 U.S.C. § 1491(b); Likelihood of success on the merits; Rationale for override decision appears arbitrary and capricious; Other conditions for preliminary injunctive relief met; Preliminary injunction enjoining performance issued. Signed by Judge Allegra.

06-682C • ALION SCIENCE AND TECHNOLOGY CORPORATION, v. UNITED STATES OF AMERICA

Filed 10/23/2006
Temporary Restraining Order; Post-Award Bid Protest; Preliminary Injunction; Substantial Likelihood of Success on
the Merits Signed by Judge Hodges.

01-220C • INVERSA, S.A. and ASSEMBLY OF TORRE MIRAMAR CONDOMINIUM, v. UNITED STATES OF AMERICA

Filed 10/23/2006
Prompt Payment Act, 31 U.S.C. § 3901, Contract Disputes Act, 41 U.S.C. § 601, interest penalty, late payment, amount of payment in dispute, compliance with contract Signed by Judge Baskir.

02-898C and 03-2663C • VERMONT YANKEE NUCLEAR POWER CORPORATION, and ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al., v. UNITED STATES OF AMERICA

Filed 10/19/2006

 VERMONT YANKEE NUCLEAR POWER CORPORATION, and ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al., v. UNITED STATES OF AMERICA

(02-898C & 03-2663C)

Spent Nuclear Fuel Case; Partial Breach of Contract; Summary Judgment on Liability; Validity of Assignments Upon Sale and Transfer; Obligation to Pay One-Time Fee

Signed by Judge Wheeler.

06-122C • NVT TECHNOLOGIES, INC., v. UNITED STATES OF AMERICA

Filed 10/18/2006
Post-award bid protest; Motion for judgment on the administrative record; Bannum - difference between motion for judgment on the administrative record and motion for summary judgment; No ambiguity in final proposal revision; Effect of ambiguity on contract formation; Responsiveness; Agency action not arbitrary, capricious or otherwise contrary to law; Relief denied Signed by Judge Allegra.

04-1731C • ARMOUR OF AMERICA, v. UNITED STATES OF AMERICA

Filed 10/17/2006
Proprietary information; trade secret; umbrella or blanket protective order; issue preclusion Signed by Judge Damich.

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

Filed 10/13/2006
Spent Nuclear Fuel Case; Trial of Liability and Damages for Partial Breach of Contract; Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425, 96 Stat. 2201 Signed by Judge Hewitt.

05-1045C • WILLIAM LOUIS TAYLOR v. UNITED STATES OF AMERICA

Filed 10/13/2006
RCFC 12(b)(1); RCFC 12(b)(6); Statute of Limitations, 28 U.S.C. § 2501; Settlement Agreements; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e to 2000e-17; Breach of Contract; Equitable Relief; Transfer, 28 U.S.C. § 1631 Signed by Judge Sweeney.

02-1914C • DAEWOO ENGINEERING AND CONSTRUCTION CO., LTD., v. UNITED STATES OF AMERICA

Filed 10/13/2006
Trial, Construction Case, Compact of Free Association, Corps of Engineers; 48 CFR § 15.306(d) Competitive Range, 48 CFR § 15.406-3 Documenting the Negotiation, SCC-1 Weather Clause, Embankment Clause; Defective Specifications, Delay Claims, Fraud Counterclaims, Earthwork Specifications, Time Extensions for Unusually Severe Weather (SCC-1), Post-Closing Amendments, Superior Knowledge, Design Specifications; Performance Specifications, Impossibility, Misrepresentation, Credibility, Critical Path, Fraud in the Inducement, Special Plea in Fraud (28 U.S.C. § 2514), CDA Fraud Statute (41 U.S.C. § 604), False Claims Act (31 U.S.C. § 3729), Measured Mile; Rebuttal Case, Cost Accounting Standards; FAR 31.105(d)(2)(I), Corps Manual (Construction Equipment Ownership and Operating Expense Schedule), Damages, Negotiating Ploy; CDA Costs Attributable to Reviewing Fraudulent Claim; Partial Judgement Signed by Judge Hodges.

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