USCFC General Jurisdiction-Reported

Motion for Clarification; Notice to an Interested Party; RCFC 14(b)(1); Res Judicata; Indemnification; Motion for Reconsideration; RCFC 59; Caldwell; Four Rivers Investments, Inc. Signed by Judge Sweeney.

National Childhood Vaccine Injury 42 U.S.C. §§ 300aa-1 - 300aa-34 petition for review; proof of in fact or significant 42 U.S.C. § 300aa-c)(1)(C)(ii)(I); findings of fact by master, 42 U.S.C. § 300aa-d)(3)(A)(I); hepatitis B vaccination; onset of Crohn’s disease; whether of proof of onset of illness administration of vaccine is to omit causation analysis Althen v. Sec’y of Health & Servs., 418 F.3d 1274 (Fed. 2005); Vaccine R. 8(b)(1). Signed by Judge Miller, C..

Pro se Plaintiff; Motion for Reconsideration; RCFC 59(a); Motion to Alter or Amend a Judgment; RCFC 59(e); Review of Decision of Board for Correction of Naval Records; Chambers v. United States, 417 F.3d 1218, 1227 (Fed. Cir. 2005) Signed by Judge Hodges.

Pro se; Lack of Subject Matter Jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(1); Indian Tucker Act, 28 U.S.C. § 1505; Statute of Limitations, 28 U.S.C. § 2501; Dismissal for Failure to Prosecute, Rule 41(b) Signed by Judge Damich.

Bid Protest; Required Competition for Contracts of Unusual and Compelling Urgency; 10 U.S.C. § 2304(e); FAR 6.302-2(c)(2); Mootness Doctrine Exception for Circumstances That Are Capable of Repetition, Yet Evading Review; Delay in Public Notification of Sole Source Award; FAR 6.305(b); FAR 1.102-2(b). Signed by Judge Wheeler.

Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Tort Claims; Claims of Criminal Conduct Signed by Judge Horn.

Vaccine Act; Severe Myoclonic Epilepsy of Infancy; Off-Table Injury; Burden of Proof; Factor Unrelated; Evidence of Brain Damage. Signed by Judge Wheeler.

Military pay case; Motion to dismiss or, in the alternative, for judgment on the administrative record; Wrongful conviction; Military Pay Act – money-mandating statute; Voluntary vs. involuntary separation; Presumption of voluntariness – rebuttable where coercion; Role of wrongful conduct; Roskos; Christie – three-part coercion test; Even where wrongful conduct, claimant must show he had no choice but to resign or retire; Resignation voluntary; Back pay based upon promotion; No automatic promotion under 10 U.S.C. § 624(d); Lewis and Dysart applied; Relief denied. Signed by Judge Allegra.

Subject Matter Jurisdiction; 28 U.S.C. § 1491(a); Implied-in-Fact Contract for Fair and Honest Consideration of Proposal; Non-Appropriated Fund Instrumentality; Concession Contract Not Covered Under Contract Disputes Act of 1978 (“CDA”); 41 U.S.C. § 602(a); Exhaustion of CDA’s Administrative Remedies Not Applicable Signed by Judge Sweeney.

Takings; the Trails Act; appropriate measure of just compensation Signed by Judge Margolis.

Tax; 26 U.S.C. § 7623 (2006); Reward Claim; Allegation of an Implied Contract; Failure to State a Claim Signed by Judge Bush.

Contracts; motion to dismiss pursuant to RCFC 12(b)(6) for failure to state a claim; Government affirmative defense and counterclaims in fraud; affirmative defense that claim unrecoverable because of “taint” of kickbacks; counterclaim for forfeiture under the Special Plea in Fraud (the Forfeiture of Fraudulent Claims Act), 28 U.S.C. § 2514 (2006); counterclaim under the Anti-Kickback Act, 41 U.S.C. §§ 53, 55 (2006); counterclaim under the False Claims Act, 31 U.S.C. § 3729(a)(1) (2006); counterclaim for common-law fraud (rescission and disgorgement); motion to dismiss pursuant to RCFC 9(b) for failure to properly plead fraud. Signed by Judge Miller, C..

Motion to Dismiss; Lack of Subject Matter Jurisdiction; Breach of Contract; Equitable Relief; Declaratory Judgment Act, 28 U.S.C. § 2201 Signed by Judge Horn.

Statutory interpretation; Section 330 of the National Defense Authorization Act of 1993; Base Realignment and Closure; environmental contamination; indemnification Signed by Judge Bruggink.

Pro Se Complaint for Damages Against the Commonwealth of Kentucky, County of Shelby; Dismissal for Want of Jurisdiction Signed by Judge Hewitt.

Ancillary Jurisdiction; Equitable Relief, 28 U.S.C. § 1491(a)(2); Intervention of Right, RCFC 24(a)(2); Miller Act, 40 U.S.C. § 3131; Preliminary Injunction and Temporary Restraining Order, RCFC 65. Signed by Judge Braden.

Civilian Pay; Caregivers and Veterans Omnibus Health Services Act of 2010, Pub. L. No. 111-163, 124 Stat. 1130; Cross-Motions For Summary Judgment, RCFC 56; Frivolous Arguments, RCFC 11(b)(2); Pay with Leave, 5 U.S.C. §§ 6303 (annual accrued leave), 6307 (sick leave), 6322 (court leave), 6323 (military leave); Premium Weekend Pay, 38 U.S.C. §§ 7453 (nurses), 7454(b)(2) (hybrids), 7454(b)(3) (civil service employees); Veterans Health Administration Employees, 38 U.S.C. §§ 7401(1) (nurses), 7401(3) (hybrids), 7408(a) (civil service employees); Title 5 Employees, 5 U.S.C. §§ 5595 (severance pay), 8101-8193 (work injury pay), 8301-8351 (retirement pay), 8401-8480 (retirement pay), 8701-8716 (life insurance). Signed by Judge Braden.

Contracts; pendency of claims in other courts; 28 U.S.C. § 1500; compliance with settlement agreement; 29 C.F.R. § 1614.504 Signed by Judge Margolis.

Pro Se Plaintiffs; In Forma Pauperis Application; 28 U.S.C. § 1915 Signed by Judge Horn.

Claims of Incarcerated Plaintiff for Inadequate Prison Medical Treatment; Tort Claims Against United States and Named Officials; Bivens Action; Lack of Subject Matter Jurisdiction; Transfer Not in the Interest of Justice. Signed by Judge Wheeler.