USCFC General Jurisdiction-Reported

Tribal trust case; Motions for partial summary judgment; Indian Tucker Act – 28 U.S.C. § 1505; Navajo Nation – when statutes give rise to claims under the Indian Tucker Act; Statutes governing accounting and management of tribal trust funds – 25 U.S.C. §§ 161, 161a, 162a; Cheyenne-Arapaho – statutes give rise to fiduciary obligation to maximize trust income by prudent investment; Cheyenne-Arapaho still binding precedent; Court has jurisdiction over pooling claim; Court lacks jurisdiction over disbursement lag claim. Signed by Judge Allegra.

Post-trial decision on a takings claim arising from a denial by the Corps of Engineers of a wetlands fill permit sought under Section 404 of the Clean Water Act; relevant parcel; “parcel as a whole” doctrine; pertinence of the completion of a development plan; other property owned by the claimant; Penn Central analysis. Signed by Judge Lettow.

Bid Protest; 28 U.S.C. § 1491(b)(1); Proposed Corrective Action; Jurisdiction; Standing; Ripeness; Review of Informal GAO Electronic-Mail Message as Basis for Decision to Take Corrective Action; Review of Decision to Take Corrective Action Independent of GAO Electronic-Mail Message; Standard of Review; Declaratory and Injunctive Relief Signed by Judge Sweeney.

Contracts; counterclaim for forfeiture under the Special Plea in Fraud (the Forfeiture of Fraudulent Claims Act), 28 U.S.C. § 2514 (2006); counterclaim under the False Claims Act, 31 U.S.C. § 3729(a)(1) (2006). Signed by Judge Miller, C..

Post-award bid protest; Defense Threat Reduction Agency; motion for discovery to supplement the administrative record; information relied upon but omitted from the record; individual evaluator worksheets; concrete steps in the evaluation process; analyses or opinions of officials outside an evaluation team; needed for effective judicial review; record actually before agency; not rough drafts. Signed by Judge Wolski.

Federal Excise Tax; Application to Telecommunication Carriers; Economic Burden; Tenneco I.R.C. § 4251(a); I.R.C. 4252(b)(1); Common Carrier Exemption; I.R.C. § 4253; I.R.S. Notice 2006-50 Signed by Judge Hodges.

Federal Tax; Pro Se Plaintiffs; Motion to Dismiss; Lack of Subject Matter Jurisdiction Signed by Judge Horn.

Claim for Tax Refund; RCFC 12(b)(1); Look-Back Period for Recovery of Overpayments, I.R.C. § 6511(b)(2)(A); Financial Disability, I.R.C. § 6511(h); No Suspension of Look-Back Period When Person Authorized to Act on Behalf of Taxpayer, I.R.C. § 6511(h)(2)(B) Signed by Judge Firestone.

Motion for Summary Judgment; Contract to Design and Build Prefabricated Building; Enforceability of Liquidated Damages Clause; Challenge to Components of the Liquidated Damages Rate; Personnel Costs; Constructive Suspension of Work; Excusable Delay; Critical Path; Notice of Changes; Existence of Changes Signed by Judge Sweeney.

Failure to State a Claim, RCFC 12(b)(6); Fair Labor Standards Act, 29 U.S.C. §§ 201-19; National Defense Authorization Act For Fiscal Year 2007, Pub. L. 109-364, § 1105, 120 Stat. 2083, 2409 (2006); National Defense Authorization Act For Fiscal Year 2006, Pub. L. 109-163, § 1105, 119 Stat. 3136, 3450-51 (2006) RESTATEMENT (THIRD) OF AGENCY § 1.01 (Definition of Agent); Subject Matter Jurisdiction, RCFC 12(b)(1); Tucker Act, ch. 359, 24 Stat. 505 (1887), 28 U.S.C. §§ 1491, 1494; Government Employee Pay, 5 U.S.C. §§ 5341-56, 5755, 5925, 5929, 8118. Signed by Judge Braden.

Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851, June 19, 1858, the Acts of February 16, 1863, and March 3, 1863, and the Appropriation Acts for the Department of Interior in 1888, 1889, and 1890; amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); summary judgment; eligible descendants of loyal Mdewakanton; applicability of the Indian Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. §§ 1401-1407; judgment on certain claims; Rule 54(b) Signed by Judge Lettow.

RCFC 60(b); Motion for Relief From Judgment; Patent and Trademark Office’s Ex Parte Reexamination of Patents; Meaning of “Newly Discovered Evidence;” Whether PTO’s Determination Would Alter the Outcome of the Case. Signed by Judge Wheeler.

Military Pay Act; Challenge to Disability Rating; Concurrence with Informal Physical Evaluation Board’s Findings and Recommendations; Voluntariness of Waiver of Right to Challenge Disability Rating; Voluntariness of Retirement Signed by Judge Firestone.

Pro Se Litigant; Motion to Dismiss; RCFC 12(b)(1); Subject Matter Jurisdiction; Purported Patent Infringement; 28 U.S.C. § 1498(a); Leesona Corp.; Stroughter; Richmond Screw Anchor Co.; Provisional Application for Patent; Jurisdiction Lacking Where No Patent Has Issued; Allegations of Criminal Acts by the United States; Transfer to District Court Unavailable Signed by Judge Sweeney.

Post-award bid protest; small-business set aside; responsibility determination; FAR § 9.100; responsiveness of bid to the solicitation; FAR §§ 14.301, 14.405 Signed by Judge Lettow.

Federal Tort Claims Act, 28 U.S.C. §§ 2671-80; Motion To Dismiss, RCFC 12(b)(1), (6); Pro Se; RESTATEMENT (SECOND) OF CONTRACTS § 353 (1981); Postal Service Regulations, 39 C.F.R. §§ 111.1,211.2(a)(2); Tucker Act, 28 U.S.c. § 1491; United States Postal Service, Domestic Mail Manual §§ 508.4.2.1, 609.4.3(g). Signed by Judge Braden.

Motion to Dismiss; RCFC 12(b)(1); 5 U.S.C. § 2301; 5 U.S.C. § 2302; 5 U.S.C. § 1103; Merit System System; Civil Service Reform Act Signed by Judge Hodges.

Army Regulation 635-40; Retirement or Separation for Physical Disability, 10 U.S.C. § 1201; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Waiver. Signed by Judge Braden.

Bid Protest; Motion for Judgment on the Administrative Record; Agency's Reprocurement Decisions; Reliance on Contracting Officer's Statements; Organizational Conflict of Interest ("OCI"); Procurement Integrity Act Violation; Appearance of Impropriety; Technical/Management Evaluation; Past Performance Evaluation; Injunctive Relief Signed by Judge Damich.

Takings Claim for Damages for Erosion Along Eastern Shoreline of Lake Michigan South of St. Joseph Harbor; Whether Trial Evidence Requires Dismissal of Claims for Lack of Jurisdiction; Post-Trial Briefing on Jurisdiction Ordered. Signed by Judge Hewitt.