USCFC General Jurisdiction-Reported

Liability, Damages, Bad Faith, Contract, Recoverable Costs, Termination for Convenience,Termination for Default, Conversion, Profit, Contract Dispute Act Interest, Prompt Payment Act Interest, Equal Access to Justice Act Interest Signed by Judge Smith.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. No. 109-461, §§ 502-03 (codified at 38 U.S.C. §§ 8127-28 (2006)); service disabled veteran-owned small business set-aside; jurisdiction; standing; futility; mootness. Signed by Judge Miller, C..

Federal Tax; Refund Claim; Motion for Summary Judgment; Theft Deduction, 26 U.S.C. § 165; Treas. Reg. § 1.165-1; Application of State Law; Ga. Code Ann. §§ 16-8-2–16-8-5 Signed by Judge Horn.

Military Pay Act; 37 U.S.C. § 204; Tucker Act; 28 U.S.C. § 1491; RCFC 12(b)(1); wrongful separation from active duty; incapacitation pay; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915 Signed by Judge Damich.

Pre-award bid protest; National Institutes of Health; motion to supplement the administrative record with a declaration; motion to strike; impact of agency communications on offeror; misleading communications; evidence of prejudice added to court’s record. Signed by Judge Wolski.

Pre-Award Protest; Standing; Ambiguous Solicitation Terms; Changes Clause, Commercial Items, FAR 52.212-4(c); Customary Commercial Practice, FAR 12.301(a)(2); Market Research; Waiver of Five-Year Limit, FAR 17.204(e); Waiver of Customary Commercial Practice, FAR 12.302(c); Excusable Delays, FAR 52.212-4(f); Contract Disputes Act, 41 U.S.C. § 605 (re-codified as § 7103); FAR Part 33; Competition in Contracting Act, 41 U.S.C. § 253a (re-codified as § 3306); Declaratory Relief Signed by Judge Miller, G..

Pre-Award Protest; Standing; Ambiguous Solicitation Terms; Changes Clause, Commercial Items, FAR 52.212-4(c); Customary Commercial Practice, FAR 12.301(a)(2); Market Research; Waiver of Five-Year Limit, FAR 17.204(e); Waiver of Customary Commercial Practice, FAR 12.302(c); Excusable Delays, FAR 52.212-4(f); Contract Disputes Act, 41 U.S.C. § 605 (re-codified as § 7103); FAR Part 33; Competition in Contracting Act, 41 U.S.C. § 253a (re-codified as § 3306); Declaratory Relief Signed by Judge Miller, G..

Tax refund suit; Trial; Responsible officer penalty – 26 U.S.C. § 6672(a); Responsible person; Founder, major stockholder, primary financier, chief executive officer, publisher, and member of the board of directors was responsible person; Willfulness; Obligation to prevent corporate default on payment of withholding tax obligations; Reckless disregard of knowledge that payment was at risk; Unencumbered funds available for payment; Willfulness established; Penalty upheld; Refund denied. Signed by Judge Allegra.

Motion to certify a class-action in a “rails-to-trails” case; RCFC 23; certification of class sought in complaint; statute of limitations; 28 U.S.C. § 2501; class-action tolling; application of Bright; differences between Fed. R. Civ. P. 23 and RCFC 23; Wal-Mart; requirements for class certification under RCFC 23 Signed by Judge Lettow.

Bid Protest; Task Order Contract; Federal Acquisition Streamlining Act; Jurisdiction; Sunset of 41 U.S.C. § 4106(f); Government Cost Estimate; Best Value Analysis Signed by Judge Bruggink.

Tucker Act 28 U.S.C. § 1491(a); Military Pay Act 10 U.S.C. §§ 204, 206; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 8(a)(2); Jurisdiction; Discharge from Active Duty; Failure to State a Claim Upon Which Relief Can Be Granted. Signed by Judge Williams.

Tucker Act 28 U.S.C. § 1491(a); Military Pay Act 10 U.S.C. §§ 204, 206; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 8(a)(2); Jurisdiction; Discharge from Active Duty; Failure to State a Claim Upon Which Relief Can Be Granted. Signed by Judge Williams.

Surety; Contract Disputes Act; Anti-Assignment Acts; Equitable Subrogation; Waiver; Silence as Assent Signed by Judge Block.

Review of Special Master’s Vaccine Act Decision; Alleged Neurological Condition Caused by Flu Vaccination; Petitioner’s Failure to Establish Evidence of Autonomic Neuropathy; Court’s Deference to Special Master’s Reasonable Review of Evidence Signed by Judge Wheeler.

Employment tax refund case; I.R.C. § 6672; motion for stay or suspension of proceedings pending interlocutory appeal of injunction issued against the government’s later-filed action in district court regarding the same employment taxes; I.R.C. § 6331(i); absence of likelihood of success on appeal Signed by Judge Lettow.

RCFC 12(b)(1) after Trial; 28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct. 1723 (2011); Substantial Overlap in Operative Facts; Supplemental Complaint May Not Establish Jurisdiction Where Barred Signed by Judge Firestone.

Winstar Corp. v. United States, 518 U.S. 839 (1996), FIRREA, Damages Opinion, Expectancy Damages Signed by Judge Smith.

Fifth Amendment Rails-to-Trails Takings Claim; Interest Acquired by Railroad by Adverse Possession; Ordinance Conveyed an Easement to Railroad Signed by Judge Hewitt.

Government Contracts; Spent Nuclear Fuel; Nuclear Waste; Nuclear Repository; Unavoidable Delays; Avoidable Delays; Motion to Dismiss Signed by Judge Bruggink.

Equal Pay Act; Prima Facie Case; Affirmative Defense; Merit-Based System Signed by Judge Bruggink.