USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-484C • ADVANCED SYSTEMS DEVELOPMENT, INC., v. UNITED STATES OF AMERICA

Filed 07/28/2006
Post-award Bid Protest; Override of CICA Stay; Supplemental Determination and Findings; Consideration of Materials Outside of the Administrative Record; Declaratory Judgment Signed by Judge Baskir.

05-1051C • LAWRENCE CARTER AGEE, v. UNITED STATES OF AMERICA

Filed 07/28/2006
Subject matter jurisdiction; Fifth Amendment Taking; Violation of Due Process Clause; Equal Protection Clause; Americans With Disabilities Act; 42 U.S.C. § § 12101 et. seq.; Health Insurance Portability & Accountability Act; 42 U.S.C. § § 1320d-5 to d-6 (2000); Privacy Act; 5 U.S.C. 552a(g)(1) Signed by Judge Williams.

00-740C • FRANK E. FISHER, v. UNITED STATES OF AMERICA

Filed 07/28/2006
Military pay; Disability retirement Signed by Judge Bruggink.

05-1049C • CHRISTINE WELLS GROFF and MICHAEL WELLS, v. UNITED STATES OF AMERICA

Filed 07/27/2006
Public Safety Officers' Benefits Act of 1976, 42 U.S.C. § § 3796-3796d-7 (2000 & Supp. III 2003, as amended); Chevron and Skidmore Deference; Serving in an Official Capacity; Serving in an Official Capacity; Employee Status; Legislative Intent; Weight Given to Fact Findings of a State Agency; Functioning as a Part of an Agency; Official Recognition Signed by Judge Bush.

06-300C • FELTON L. MATTHEWS, Jr., v. UNITED STATES OF AMERICA

Filed 07/27/2006
Pro Se Plaintiff; Application to Proceed In Forma Pauperis; Three Strikes Rule of the Prison Litigation Reform Act (PLRA); Dismissal Sua Sponte of Racketeer Influenced and Corrupt Organizations Act Claims and Other Claims; Dismissal Sua Sponte of Claims Against Parties Other Than the United States Signed by Judge Hewitt.

05-125 • THE TRAVELERS INDEMNITY COMPANY, SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 07/26/2006
Trial on stipulated facts; subject matter jurisdiction; suretyship; equitable subrogation; sovereign immunity; payment and performance bonds issued in accord with the Miller Act for work on the Sector Gates Repair project in New Bedford, Massachusetts; notice to the government to stop payment to contractor; damages Signed by Judge Lettow.

05-674 & 05-715C consolidated • FORT CARSON SUPPORT SERVICES, and THE GINN GROUP, INC., v. UNITED STATES OF AMERICA

Filed 07/26/2006
Post-award bid protest; judgment on the record (former RCFC 56.1); negotiated procurement; best value trade-off;
technical evaluation; past performance and experience; cost variance; evaluation of final proposal revisions; meaningful discussions; 48 C.F.R. § 15.306; adverse past performance information; prejudice to offeror Signed by Judge Wolski.

06-355C • RITA MAE NALETTE, v. UNITED STATES OF AMERICA

Filed 07/26/2006
Jurisdiction; Money Mandating Statute; Frivolous Lawsuit; Sanctions Signed by Judge Horn.

05-649C • FRANK BOLDUC, v. UNITED STATES OF AMERICA

Filed 07/25/2006
Motion to dismiss; statute of limitations, 28 U.S.C. § 2501; failure to state a claim, RCFC 12(b)(6); unjust conviction and imprisonment, 28 U.S.C. § § 1495, 2513; equitable tolling; 28 U.S.C. § 1500 Signed by Judge Wolski.

03-2670C • HUNTLEIGH USA CORPORATION, v. UNITED STATES OF AMERICA

Filed 07/25/2006
Deliberative process pre-decisional executive privilege; declaration produced in response to motion to compel Signed by Judge Margolis.

04-484C • THOMAS KOSMO, v. UNITED STATES OF AMERICA

Filed 07/25/2006
Military Pay; Involuntary Reassignment to Non-Obligated, Non-Participating Ready Reserves; Involuntary Reassignment to Standby Reserves; Statute of Limitations; Accrual of Cause of Action; Equitable Tolling Signed by Judge Williams.

05-775C • OVERVIEW BOOKS, LLC and LEV TSITRIN, v. UNITED STATES OF AMERICA

Filed 07/24/2006
Library of Congress' Cataloging in Publication ("CIP") program; author's rights in a book; claim of entitlement to the benefit of inclusion in the CIP program; motion to dismiss Signed by Judge Lettow.

06-303C • ROTECH HEALTHCARE INC., v. UNITED STATES OF AMERICA

Filed 07/24/2006
Small Business Act of 1958, 15 U.S.C. § 637 et seq. (2000); Non-Manufacturer Rule; Statutory Interpretation; Interpretation of Terms of Solicitation; Service Contract Versus Supply Contract;
Deadline for Challenge to Terms of Solicitation; Challenge to North American Industrial Classification System Code Assignment Signed by Judge Bush.

04-155L • ROY WALKER and SHELLIE WALKER v. UNITED STATES OF AMERICA

Filed 07/21/2006
Claim Accrual; Certified Questions of State Law; Motion to Dismiss, RCFC 12(b)(6); Motion for Summary Judgement; RCFC 56; Statute of Limitations. Signed by Judge Braden.

05-742C • CHRISTOPHER N. ROMINGER, v. UNITED STATES OF AMERICA

Filed 07/20/2006
Disability Determination Under the Veterans Administration Schedule for Rating Disabilities ("VASRD"); Waiver of Judicial Review of Army Board for Correction of Military Records ("ABCMR") Decision; Remand of ABCMR Decision Signed by Judge Firestone.

05-1027c • KOLA NUT TRAVEL INC., et al v. UNITED STATES OF AMERICA

Filed 07/19/2006
RCFC 41(a)(1)(ii); RCFC 41(a)(2); standing to challenge settlement; referral to DOJ for investigation of alleged fraud Signed by Judge Smith.

05-991C • BRIAN KEITH O'QUIN v. UNITED STATES OF AMERICA

Filed 07/19/2006
Pay; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Pro Se Plaintiff; NAFI Doctrine Signed by Judge Sweeney.

04-1729C • GERALD A. LECHLITER v. UNITED STATES OF AMERICA

Filed 07/18/2006
Published Signed by Judge Firestone.

92-550C • NORTHEAST SAVINGS, v. UNITED STATES OF AMERICA

Filed 07/18/2006
Winstar Damages; Summary Judgment; Lost Profits; Cost of Capital; Out-of-Pocket Expenses; Wounded Bank Damages; Conflicting Experts Signed by Judge Williams.

04-1335C • JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, on behalf of themselves and all other persons similarly situated, v. UNITED STATE

Filed 07/17/2006

JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, on behalf of themselves and all other persons similarly situated, v. UNITED STATES OF AMERICA

 (04-1335C)

Class action; Notice requirement of RCFC 23(c); Cost of providing notice to potential class members; Eisen; Assigning identification task to defendant based on efficiency and economy; Allocation of cost;   Oppenheimer Fund, Inc. v. Sanders; Substantiality of cost; Failure by defendant to provide detailed cost estimate; DFAS "activity based costing"; Burden of demonstrating substantiality of identification costs; Identification costs to be borne by defendant

Signed by Judge Allegra.

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