USCFC General Jurisdiction-Reported

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98-168C, 02-1632C & 03-2699C • NORTH STAR ALASKA HOUSING CORPORATION, v. UNITED STATES OF AMERICA

Filed 04/02/2007
Trial; Government contract; Lease of development for military housing; Bad faith; Breach of covenant of good faith and fair dealing; Specific statements evidencing animus; Actions taken by defendant indicative of bad faith; Breach of lease provisions; Abuse of dispute resolution process - loss of independence; Damages; Loss in value of development; Other damages; Relief granted Signed by Judge Allegra.

06-424C • AMERISTAR FINANCIAL SERVICING, COMPANY, LLC, v. UNITED STATES OF AMERICA

Filed 03/30/2007
Contracts; Motion to Dismiss; Financial Institution Reform, Recovery and Enforcement Act, 12 U.S.C. § 1464; 12 U.S.C. § 1821; Tucker Act, 28 U.S.C. § 1491; whether the FDIC as receiver or conservator of a federal savings bank is the United States Signed by Judge Damich.

04-1052C • M.A. DeATLEY CONSTRUCTION, INC., v. UNITED STATES OF AMERICA

Filed 03/30/2007
Contracts; equitable adjustment and/or damages; Motion to Strike; RCFC 37(c); Motion for Summary Judgment; RCFC 56(c); False Claims Act, 31 U.S.C. § 3729; Contract Disputes Act, 41 U.S.C. § 604; Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514; whether a party has made a showing sufficient to establish the essential elements of its claim Signed by Judge Damich.

07-7C • MANAGEMENT SOLUTIONS & SYSTEMS, INCORPORATED, v. UNITED STATES OF AMERICA

Filed 03/30/2007
Administrative Procedure Act, 5 U.S.C. § § 701, et. seq.; Intervenor as a Matter of Right, RCFC 24(a); Jurisdiction; Modification; Motion for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); 13 C.F.R. § § 124.504(c), 124.512 Signed by Judge Braden.

05-168L • CASITAS MUNICIPAL WATER DISTRICT, v. UNITED STATES OF AMERICA

Filed 03/29/2007
Fifth Amendment Taking—A takings claim seeking compensation for regulatory restrictions imposed by the National Marine Fisheries Service under the authority of the Endangered Species Act limiting water diversions otherwise permitted under a state-issued water license may not be treated as a per se or physical taking. Instead, such a claim must be analyzed under the conventional three-factor test identified in Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) Signed by Judge Wiese.

05-1119L • ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, husband of, CYNTHIA BORDELON and, STEVE'S MOBILE ...

Filed 03/29/2007
ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, husband of, CYNTHIA BORDELON and, STEVE'S MOBILE HOME & R.V. REPAIR, INC., v. UNITED STATES OF AMERICA Concise and Direct Pleading, RCFC 8(e), 12(e), 15(a); Just Compensation Clause, U.S. CONST. amend. V; Motion In Limine; Motion to Dismiss, RCFC 12(b)(1); Ripeness; Standing; Subject Matter Jurisdiction Signed by Judge Braden.

06-86T • DESERET MANAGEMENT CORPORATION, v. UNITED STATES OF AMERICA

Filed 03/29/2007
Motion to Compel Discovery; In Camera Review of Documents; Attorney-Client Privilege; Work Product Privilege; Deliberative Process Privilege; "Personal Privacy Privilege" Signed by Judge Hewitt.

01-570C, 01-627C, 04-501C • BLUE LAKE FOREST PRODUCTS, INC., TIMBER PRODUCTS COMPANY, CLR TIMBER HOLDINGS, INC., v. UNITED STATES OF AMERICA

Filed 03/29/2007
Discovery; Attorney-Client Privilege; "At-Issue" Waiver; Subject-Matter Waiver; Scope of Waiver; Work-Product Doctrine; Inadvertent Production of Privileged Material Signed by Judge Williams.

96-760C • NORTHROP GRUMMAN CORPORATION, MILITARY AIRCRAFT DIVISION, v. UNITED STATES OF AMERICA

Filed 03/28/2007
Classified Documents; Deposition Testimony; Inactive Security Clearance; Denial of Special Program Access Signed by Judge Horn.

05-1075C • SEVENSON ENVIRONMENTAL SERVICES,INC., v. UNITED STATES OF AMERICA

Filed 03/28/2007
Patent Infringement Case; Markman Claim Construction Proceedings; Patents Relating to Chemical Treatments of Contaminated Soils Signed by Judge Wheeler.

06-655C • THOMAS PAUL CONNER, v. UNITED STATES OF AMERICA

Filed 03/28/2007
Motion to Dismiss; 26 U.S.C. § 7623; 26 C.F.R. § 301.7623-1 Signed by Judge Smith.

02-1500C • JACOBS ENGINEERING GROUP, INC., v. UNITED STATES OF AMERICA

Filed 03/26/2007
Motion for summary judgment, cost-sharing, termination for convenience, mandate rule, contract interpretation, plain language, fee, foregone fee, Contract Disputes Act, effect of decision of Department of Energy Board of Contract Appeals, burden of proof Signed by Judge Miller, G..

05-170C & 05-171C • THE SWANSON GROUP, INC., v. UNITED STATES OF AMERICA

Filed 03/26/2007
Motion for Summary Judgment;Rescissions Act, Pub. L. No. 104-19; Claims presented to Contracting Officer; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Endangered Species Act,16 U.S.C. § 1531, et seq. Signed by Judge Smith.

04-610C • AMERISOURCE CORPORATION, v. UNITED STATES OF AMERICA

Filed 03/23/2007
Fifth Amendment Takings; Police Power; Retention of Personal Property for Use as Evidence in Criminal Proceeding; Motion for Return of Property Under Fed. R. Crim. P. 41 (e)/(g). Reasonableness; Legality of Governmental Actions Presumed Signed by Judge Baskir.

07-116C • TERRY BURLISON, v. UNITED STATES OF AMERICA

Filed 03/22/2007
Pro Se Plaintiff; Failure to State a Claim; Jurisdiction Signed by Judge Horn.

04-1282V • JUSTINE ADAMS, a minor, by her parents, STEPHEN and OLIVIA ADAMS, v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/22/2007
Causation In Fact; De Novo Review; National Vaccine Injury Act, 42 U.S.C. § § 300aa-10, et seq.; Vaccine Rule 3(b) Signed by Judge Braden.

06-302C • GEORGE RICHARD LANTERMAN, JR., v. UNITED STATES OF AMERICA

Filed 03/20/2007
Motion for Summary Judgment; Government Contract; Contract for Postal Delivery Services; Termination for Default Signed by Judge Bruggink.

06-123T • EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF AND CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other ...

Filed 03/19/2007
EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF AND CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, A Partner Other than the Tax Matters Partner, v. UNITED STATES OF AMERICA Depositions; Motion for Protective Order; Depositions of IRS employees regarding drafting of regulation; Personal views of IRS employees irrelevant in determining the validity of the regulations; Motion granted Signed by Judge Allegra.

04-487C • TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, v. UNITED STATES OF AMERICA

Filed 03/19/2007
Summary Judgment; Contract Disputes Act, 41 U.S.C. § 609(a); Tucker Act, 28 U.S.C. § 1491(a)(2); FAR § 52.236-2 Type I Differing Site Condition; Misrepresentation; Superior Knowledge; Restatement (First) Contracts; Restatement (Second)Contracts; FAR § 52.236-3 Signed by Judge Block.

06-871C • ALLAH AKBAR BURMAN, v. UNITED STATES OF AMERICA

Filed 03/19/2007
Tucker Act, 28 U.S.C. § 1491; Motion to Dismiss RCFC 12(b(1); Pro Se Standard of Review; Due Process; Same Operative Facts Signed by Judge Smith.

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