USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-289C • UNITED MEDICAL SUPPLY COMPANY, INC., v. UNITED STATES OF AMERICA

Filed 09/08/2006
Document preservation order; Pueblo of Laguna; Authority to issue order under RCFC 16(c) and 26(c), as well as the court' s inherent authority; Preservation order necessary, owing to defendant's loss or destruction of potentially
relevant evidence; Preservation order, largely proposed by parties, not unduly burdensome;
Preservation order issued Signed by Judge Allegra.

03-1444C • J. LEONARD SPODEK, ROSALIND T. SPODEK, and NATIONWIDE POSTAL MANAGEMENT, v. UNITED STATES OF AMERICA

Filed 09/08/2006
United States Postal Service; Lease Agreement; Breach of Contract; Mutual Breach; Mitigation of Damages; Apportionment of Damages Signed by Judge Horn.

04-1210C • OSI, INC., v. UNITED STATES OF AMERICA

Filed 09/08/2006
Jurisdiction; 28 U.S.C. § 1500; Contamination; Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § § 9601-9675; Fifth Amendment Taking Signed by Judge Williams.

00-617C • CHARLES CARLSEN, et al., v. UNITED STATES OF AMERICA

Filed 09/07/2006
Motion for Summary Judgment; Overtime Pay; Federal Employees Pay Act; 5 U.S.C. § 5542; 5 C.F.R. § 550.111; Written Orders for Overtime Signed by Judge Bruggink.

03-446C • LEROY BISHOP, et al., v. UNITED STATES OF AMERICA

Filed 09/07/2006
Partial Summary Judgment; Overtime Pay; Federal Employees Pay Act, 5 U.S.C. § 5542; 5 C.F.R. § 550.111; Written Orders for Overtime Signed by Judge Bruggink.

03-288C • CHEVRON U.S.A. INC., TEXACO INC., and TEXACO DOWNSTREAM LLC, v. UNITED STATES OF AMERICA

Filed 09/07/2006
RCFC 56(f); continuance to permit additional discovery to respond to motion for summary judgment Signed by Judge Damich.

02-784C • CHARLES BICE, Executor of the Estate of MARTHA BICE, v. UNITED STATES OF AMERICA

Filed 09/06/2006
Public Safety Officers' Benefits Act, 42 U.S.C. § 3796, et seq.; "Direct and Proximate Cause"; "Substantial Factor"; Carbon Monoxide Inhalation; Preexisting Condition; Prima Facie Case; Reasonable Doubt Rule, 28 C.F.R. § 32.4; Expert Opinion; Law of the Case: Agency Failure to Comply with Remand Instructions Signed by Judge Baskir.

04-1390C • NATIONAL AMERICAN INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 09/06/2006
Motion to dismiss; Cross-motions for summary judgment; Surety with payment bond; Doctrine of subrogation; Dicta in
Insurance Co. of the West conflicts with prior binding precedent and will not be followed; Tucker Act covers damages claim arising where payment bond surety pays subcontractors; Defendant liable where, after receiving notice from surety, it disburses funds to contractor Signed by Judge Allegra.

03-2430L • RALPH C. INGRAM, JR., ET AL. v. UNITED STATES OF AMERICA

Filed 09/05/2006
Fifth Amendment Takings; Flooding; Elevated Groundwater; Seepage and Drainage Problems; Causation. Signed by Judge Firestone.

06-290C • CINDY MICHELS, et al., v. UNITED STATES OF AMERICA

Filed 09/01/2006
 Fifth Amendment; taking; illegal exaction; RCFC 12(b)(6); Intellectual Property Clause, U.S. CONST. Art. I,
§ 8, Cl. 8; patents; patent fees Signed by Judge Miller, G..

95-498C • AMERICAN FEDERAL BANK, FSB, v. UNITED STATES OF AMERICA

Filed 09/01/2006
Trial on damages in Winstar-related case; expectancy damages; cost of replacement capital; incidental losses; tax
gross-up; motion for costs under RCFC 37 Signed by Judge Lettow.

96-408C • INNOVAIR AVIATION, LTD, v. UNITED STATES OF AMERICA

Filed 08/31/2006
Fifth Amendment, Takings, In rem forfeitures Signed by Judge Smith.

06-149T • TIMOTHY THORNDIKE, and BEVERLY BARTLETT, v. UNITED STATES OF AMERICA

Filed 08/31/2006
Anti-Injunction Act, 26 U.S.C. § 7421; Interlocutory Review, 28 U.S.C. § 1292(d)(2); Motion for Reconsideration, RCFC 59;
Pro Se Signed by Judge Braden.

94-785C • NEW VALLEY CORP., v. UNITED STATES OF AMERICA

Filed 08/30/2006
Contract Damages:
Direct Damages - the value of the performance promised. The holder of an assignable contract for satellite launch services may recover as direct damages for a breach of that contract the value of the contract as established by its hypothetical sale, less the holder's actual contract price. The gain realized upon the sale is not a profit but instead is part of the actual value of the performance promised.
Consequential Damages - assets whose value is dependent upon the performance promised. Diminution in value of a communication satellite due to a breach of a launch contract constitutes a consequential damage. Signed by Judge Wiese.

95-829C • STERLING SAVINGS ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 08/30/2006
Winstar case; Assumption of Risk of Regulatory Changes;
Motion for Reconsideration;
Summary Judgment on Liability Signed by Judge Wheeler.

02-465C • LA GLORIA OIL AND GAS COMPANY, v. UNITED STATES OF AMERICA

Filed 08/28/2006
Summary Judgment; Motion to Dismiss; Motion to Permit Discovery Pursuant to Rule 56(f) of the Rules of the Court of Federal Claims (RCFC); Legality of Basing Contract Price Adjustment Clauses on Indexes Rather Than the Contractor's Own Prices; Legality of Basing Contract Price Adjustment Clauses on the Petroleum Marketing Monthly and Platts Oilgram Report; Whether Federal Acquisition Regulation (FAR) § 15.402 Provides a Cause of Action to Contractors; Whether the Court of Federal Claims Has Jurisdiction Over an Equal Protection Claim in This Non-Bid Protest Context; Whether the Court of Federal Claims Has Jurisdiction Over Implied-in-Fact Contract Claims of a Successful Bidder Concerning the Contract Price; Misrepresentation; Breach of Contract; Breach of the Implied Covenant of Good Faith and Fair Dealing; Failure of Consideration and Frustration of Purpose; Mistake; Implied-in-Fact Contract; Whether a Takings Claim May Be Maintained When a Contract Exists; Waiver; Estoppel   Signed by Judge Hewitt.

02-1795C • THE SWEETWATER, A WILDERNESS LODGE LLC, v. UNITED STATES OF AMERICA

Filed 08/25/2006
Term Special Use Permit; Equitable Consideration for Permit Termination; Contract Disputes Act; Taking Signed by Judge Merow.

06-498C • MICRODYNE OUTSOURCING, INC., a subsidiary of L-3 COMMUNICATIONS CORPORATION, v. UNITED STATES OF AMERICA

Filed 08/25/2006
Post-Award Bid Protest; Negotiated Procurement; Best Value Determination; 10 U.S.C. § 2305(b)(1); 41 U.S.C. § 253b(a); FAR 15.304(d); Cost/Technical Tradeoff; Undisclosed Evaluation Criterion; Revising Source Selection Document Does Not Prove Pretextual Award; Duty to Conduct Fair Procurement; No Prejudicial Error SYSTEMS CORP., in Procurement; Cross-motions For Judgment on Administrative Defendant-Intervenor. Record (Rule 52.1)   Signed by Judge Hodges.

89-218L • THE CHEROKEE NATION OF OKLAHOMA, v. UNITED STATES OF AMERICA

Filed 08/24/2006
Motion to Dismiss; 25 U.S.C. § 1779e; Attorneys' Fees; Money-Mandating Statute; Law of the Case; Motion for Summary Judgment; Statutory Interpretation; Rule of the Last Antecedent; Indian Canon of Construction Signed by Judge Damich.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA

Filed 08/23/2006
Winstar; Hearsay; Admission by Party Opponent; Federal Rule of Evidence 801(d)(2); Proof of Agency Signed by Judge Williams.

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