USCFC General Jurisdiction-Reported

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05-1342C • INFORMATION SCIENCES CORP., v. UNITED STATES OF AMERICA

Filed 02/26/2007
Motion For Reconsideration, RCFC 59; 48 C.F.R. § § 15.306(c), 15.308 Signed by Judge Braden.

99-447C & 03-2626C • BOSTON EDISON COMPANY, v. UNITED STATES OF AMERICA

Filed 02/26/2007
Spent nuclear fuel case; motion for a protective order; RCFC 26(c); deposition of attorney; work product doctrine; leave to take further depositions under RCFC 30(b)(6) Signed by Judge Lettow.

04-1385V • MARTY AND KELLIE AVERA, parents of CONNOR AVERA, a minor, v. UNITED STATES OF AMERICA

Filed 02/22/2007
National Vaccine Injury Compensation Pro gram ; Recovery of Attorneys' Fees;Determination of Hourly Rate; Lodestar Method; Home Town Rule or Forum Rule Signed by Judge Wheeler.

01-718C • RON AND BETTY BLENDU, et al., v. UNITED STATES OF AMERICA

Filed 02/22/2007
Takings; Summary Judgment; General Railroad Right-of-Way Act of March 3, 1875, 43 U.S.C. § § 934-39; National Trails System Act, 16 U.S.C. § 1247(d) Signed by Judge Hewitt.

06-742C • EMERALD COAST FINEST PRODUCE CO. INC., v. UNITED STATES OF AMERICA

Filed 02/22/2007
Post-Award Bid Protest; Remand to Agency to Conduct Evaluation in Accordance with the Solicitation Signed by Judge Hewitt.

92-710C • ROSE ACRE FARMS, INC., v. UNITED STATES OF AMERICA

Filed 02/22/2007
Takings; Penn. Central test; Temporary regulatory taking; Just compensation; Interest Signed by Judge Futey.

01-254C & 01-442C • CONSOLIDATION COAL COMPANY, ET AL., v. THE UNITED STATES

Filed 02/22/2007
RCFC 54(b); No reason for delay; Hardship Signed by Judge Futey.

5-280C • RICHMOND AMERICAN HOMES OF COLORADO, INC., METROPOLITAN DEVELOPMENT IV, LLC, METROPOLITAN BUILDERS, INC., STANDARD PACIFIC ...

Filed 02/22/2007
RICHMOND AMERICAN HOMES OF COLORADO, INC., METROPOLITAN DEVELOPMENT IV, LLC, METROPOLITAN BUILDERS, INC., STANDARD PACIFIC OF COLORADO, INC., and TOUCHSTONE HOMES LLC,v. UNITED STATES OF AMERICA Defense Base Closure and Realignment Act of 1990; National Defense Authorization Act for FY 1993, § 330(a)(1)-(3); Duty to "hold harmless, defend, and indemnify;" Claim for personal injury or property damage; State Compliance Advisory; Asbestos remediation and response costs; Contributory responsibility; Comprehensive Environmental Response Compensation and Liability Act (CERCLA), § 120 (h), concerning property transferred by Federal agencies; Breach of deed covenant; Findings of Suitability for Transfer (FOST) Signed by Judge Baskir.

06-115C • DANNY C. SIMONS and SALLY J. SIMONS, v. UNITED STATES OF AMERICA

Filed 02/21/2007
Jurisdiction; RCFC 7, 12(b), 15(a), 54(b), 59, 60(b); Res Judicata Signed by Judge Braden.

01-79C • CBS Corporation v. UNITED STATES OF AMERICA

Filed 02/21/2007
Inclusion of Pension Costs from Flexibly-Priced Subcontracts in a Segment Closing Adjustment Under Cost Accounting Standard 413.50(c)(12), 48 C.F.R. § 9904.413-50(c)(12). Signed by Judge Firestone.

06-874C • HAMILTON SUNDSTRAND POWER SYSTEMS, v. UNITED STATES OF AMERICA

Filed 02/21/2007
Post-Award Bid Protest; Standing and Prejudice; Unequal Evaluation of Offers Signed by Judge Bruggink.

04-541L • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA ...

Filed 02/20/2007
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES OF AMERICA Contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No. 102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims Signed by Judge Miller, C..

95-524C • HOMER J. HOLLAND, HOWARD R. ROSS, AND FIRST BANK, v. UNITED STATES OF AMERICA

Filed 02/20/2007
Winstar damages, summary judgment, expectancy damages, lost profits damages, "lost value" damages, genuine issues of material fact RCFC 59(a), motion for reconsideration of interlocutory order, manifest error of law or mistake of fact, law of the case doctrine, effect of release of one of two or more joint obligors on a contract, applicable law, federal common law, Illinois law, intent of parties to release Signed by Judge Miller, G..

95-524C • HOMER J. HOLLAND, HOWARD R. ROSS, AND FIRST BANK, v. UNITED STATES OF AMERICA

Filed 02/20/2007
Winstar damages, summary judgment, expectancy damages, lost profits damages, "lost value" damages, genuine issues of material fact RCFC 59(a), motion for reconsideration of interlocutory order, manifest error of law or mistake of fact, law of the case doctrine, effect of release of one of two or more joint obligors on a contract, applicable law, federal common law, Illinois law, intent of parties to release Signed by Judge Miller, G..

99-550L into which has been consolidated 00-169L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. UNITED STATES OF AMERICA

Filed 02/15/2007
Indian Trust Claim; Post-trial Proceedings to Determine Damages; Damages for Breach of Trust Obligations with Respect to Royalty Calculation and Collection; Damages for Breach of Trust Obligations with Respect to Deposit and Investment of Royalties Signed by Judge Hewitt.

05-1070C • LAUREN GUZAK, v. UNITED STATES OF AMERICA

Filed 02/15/2007
Tax Treatment of Incentive Stock Options; Alternative Minimum Tax ("AMT"); IRC § 83; IRC § 421; IRC § 422; Net Operating Loss and Carry Back; IRC § 172; IRC § 1211; Capital Loss Limitation; Treas. Reg. § 1.83 Signed by Judge Firestone.

04-856C • WALTER JAYNES, et al., v. UNITED STATES OF AMERICA

Filed 02/14/2007
Back pay, "high work," Environmental Differential Pay, "high pay," collective bargaining agreement, Back Pay Act, 5 U.S.C. § 5596, Prevailing Rate Systems Act, 5 U.S.C. § 5341 et seq., Civil Service Reform Act of 1978, 5 U.S.C. 7101 et seq., subject matter jurisdiction, effect of 1994 amendment to the Civil Service Reform Act of 1978, bona fide dispute, accord and satisfaction, proper subject matter, competent parties, meeting of the minds, consideration, plain meaning, ambiguity, doctrine of contra proferentem Signed by Judge Miller, G..

02-1278T • PRINCIPAL LIFE INSURANCE COMPANY and SUBSIDIARIES, v. THE UNITED STATES ERRATA

Filed 02/14/2007
Motion for reconsideration; Setoff; Lewis v. Reynolds; Belated raising of setoff in tax refund suit limited by considerations of judicial economy and prejudice; Cases involving Tax Court Rule 155 are inapposite; Motion for reconsideration denied Signed by Judge Allegra.

99-4451L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 02/12/2007
99-4451L c/w 99-4453L, 99-4454L, 99-4455L, 99-4456L, 99-4457L, 99-4458L, 99-4459L, 99-44510L, 99-44511L, 99-44512L, 00-365L, 00-379L, 00-380L, 00-381L, 00-382L, 00-383L, 00-384L, 00-385L, 00-386L, 00-387L, 00-388L, 00-389L, 00-390L, 00-391L, 00-392L, 00-393L, 00-394L, 00-395L, 00-396L, 00-398L, 00-399L, 00-400L, 00-401L, 04-277L, 05-1353L, 05-1381L, 06-72L Takings; Pre-trial; Rule 26(a)(2)(B); Motion in Limine to Strike Expert Witness Report Signed by Judge Hewitt.

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