USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-2228L • HERITAGE MINERALS, INC. and HOVSONS, INC., v. UNITED STATES OF AMERICA

Filed 07/07/2006
Jurisdiction; 28 U.S.C. § 1500; Pending Claim; Same Claim; Same Operative Facts; Takings; Federal Tort Claims Act; Administrative Claim; Comprehensive Environmental Response Compensation and Liability Act; Trespass Signed by Judge Williams.

05-400C • MICHAEL W. STOVALL, v. UNITED STATES OF AMERICA

Filed 07/05/2006
Motion to dismiss; African-American farmer; Alleged breach of USDA settlement agreement involving racial discrimination claim; Tucker Act - claim based upon "any express or implied contract with the United States"; Kania construed - proprietary versus sovereign actions; Sanders; Requirement that claims be payable in money; "Contracts" under the Tucker Act generally not required to contain moneymandating language; Preemption; Court of "limited jurisdiction;" Jurisdiction found Signed by Judge Allegra.

02-306C • RENDA MARINE, INC. v. UNITED STATES OF AMERICA

Filed 06/30/2006
Motion for Reconsideration; Whether the CDA Bars Review of Allegedly Invalid Contracting Officer's Decision When Review is Sought After More Than Twelve Months Have Elapsed "From the Date of the Receipt by the Contractor of the Decision of the Contracting Officer"; 41 U.S.C. § 609(a)(3); Whether Allegedly Invalid Contracting Officer's Decision is "Final and Conclusive" Under 41 U.S.C. § 605(b) Signed by Judge Hewitt.

04-1727C • HAROLD E. SIX, SR. v. UNITED STATES OF AMERICA

Filed 06/30/2006
Military Pay; Motion for Summary Judgment; Laches; Motion for Judgment on Administrative Record; Substantial Evidence Rule; Request for Correction of Military Records; Silencing Order; Post-Traumatic Stress Disorder; Whether BCNR Must Consider Subsequent Records Where Contemporaneous Records Do Not Reflect Symptoms of Disease; Remand Signed by Judge Hewitt.

05-472C • JUDITH A. MANSFIELD v. UNITED STATES OF AMERICA

Filed 06/30/2006
Equal Pay Act; 29 U.S.C. § 206; Defenses; Burden of Proof; Summary Judgment; Genuine Issue of Material Fact; RCFC 56(f) Signed by Judge Williams.

05-1166L • DANIEL S. GAHAGAN v. UNITED STATES OF AMERICA

Filed 06/30/2006
Takings claim; illegal exaction; money-mandating law Signed by Judge Margolis.

04-805C & 04-806C • STATESMAN II APARTMENTS, INC., et al v. UNITED STATES OF AMERICA

Filed 06/29/2006
Trial on stipulated facts; damages for breach of contract; interpretation of contracts for Housing Assistance Payments; HUD Section 8 housing program. Signed by Judge Lettow.

98-727T • BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN & SUBSIDIARIES v. UNITED STATES OF AMERICA

Filed 06/29/2006
Closing Agreement; Contract Interpretation; Extrinsic Evidence; 26 U.S.C. § § 832, 846; Losses Incurred Deduction; Unpaid Losses or Loss Reserve. Signed by Judge Horn.

02-306C • RENDA MARINE, INC. v. UNITED STATES OF AMERICA

Filed 06/29/2006
Post-Trial Proceedings; Whether a Claim Was Tried By Consent; Whether a Claim That the Government Breached Its Duty to Cooperate (Cooperation Claim) Is Within the Jurisdiction of the of the Court Where Not Specifically Submitted to the Contracting Officer; Whether Different Operative Facts and/or Different Legal Theories Underlie a Cooperation Claim and a Differing Site Condition Claim. Signed by Judge Hewitt.

02-1622C • BLUEPORT COMPANY, LLP v. UNITED STATES OF AMERICA

Filed 06/29/2006
Summary Judgment; Waiver of Sovereign Immunity; Tucker Act; Digital Millennium Copyright Act Signed by Judge Block.

06-453C • CHE CONSULTING, INC. v. UNITED STATES OF AMERICA

Filed 06/28/2006
Motion to Intervene; RCFC 2(a)(2); RCFC2(b)(2);31U.S.C. § 3551(2)(A)(2002) Signed by Judge Smith.

05-1398C • JOHN WESTOVER v. UNITED STATES OF AMERICA

Filed 06/28/2006
Contracts; settlement agreement; breach; jurisdiction over an action brought to enforce settlement agreement entered under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e-2000e-17 (2000); 28 U.S.C. § 1631 (2000). Signed by Judge Miller, C..

95-858T • CSX CORPORATION, et al., v. UNITED STATES OF AMERICA

Filed 06/27/2006
Federal Employment Taxes:
Separation payments made pursuant to a provision allowing an employee to separate, to transfer, or to remain on furlough do not constitute supplemental unemployment compensation benefits under I.R.C. § 3402(o) and are therefore subject to federal employment taxes. Corporate records showing the furlough status of certain employees constitute sufficient proof to demonstrate that the listed employees were in layoff status at the time they elected to separate Signed by Judge Wiese.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES INC., v. UNITED STATES OF AMERICA

Filed 06/23/2006
Intervention of Right, RCFC 24(a)(2); Permissive Intervention, RCFC 24(b)(2);
United States Patent No. 6,467,914 Signed by Judge Braden.

06-230T • WILLIAM A. SUMNER and CECILE D. SUMNER, v. UNITED STATES OF AMERICA

Filed 06/23/2006
Tax refund claim; statute of limitations; equitable tolling Signed by Judge Merow.

05-450T • ELECTROLUX HOLDINGS, INC. and ELECTROLUX HOME PRODUCTS, INC., v. UNITED STATES OF AMERICA

Filed 06/22/2006
Federal Tax Refund Suit, 28 U.S.C. § 1346(a)(1); Jurisdiction; Loss Disallowance Rule, Treasury Regulation § 1.1502-20; Motion to Dismiss, RCFC 12(b)(1); Net Capital Loss Carryback/Carryover, 26 U.S.C. § 1212(a)(1); Statute of Limitations, 28 U.S.C. § 2501; Timely Refund Claim, 26 U.S.C. § 7422(a); 26 U.S.C. § 6511(a), (c), (d)(2)(A) Signed by Judge Braden.

93-648X • LAND GRANTORS IN HENDERSON, UNION and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS, v. UNITED STATES OF AMERICA

Filed 06/22/2006
Motion for Class Certification; Mutual Mistake, RESTATEMENT (SECOND) OF CONTRACTS § 152 (1981); 38 U.S.C. § § 7453(a), (e), (h); FED. R. CIV. P. 23(a), (b); RCFC 20(a); RCFC 23(a), (b), (c) Signed by Judge Braden.

03-1418C • L. TIM WAGNER, LIQUIDATOR OF AMWEST SURETY INSURANCE COMPANY, IN LIQUIDATION, v. UNITED STATES OF AMERICA

Filed 06/21/2006
Miller Act performance and payment bonds, surety, Tucker Act, privity of contract, subject matter jurisdiction, Government as intended third-party beneficiary, equitable subrogation, subcontractors, takeover agreement, tender agreement, completion contract, surety's performance as avoidable preferential transfer under state law, incorporation of state insurance law into federal government contract, government counterclaim, contracting officer's final
decision, setoff Signed by Judge Miller, G..

06-254L • PAT M. HAYES, v. UNITED STATES OF AMERICA

Filed 06/21/2006
Application by Pro Se Plaintiff to Proceed in Forma Pauperis; 28 U.S.C. § 1915 (2000); Whether 28 U.S.C. § 1915 Permits Individuals Who Are Not Incarcerated to Proceed In Forma Pauperis; Court of Federal Claims Technical and Procedural Improvements Act of 1992, Pub. L. No. 102-572, §
909, 106 Stat. 4506, 4519; 28 U.S.C. § 2503(d) Signed by Judge Hewitt.

04-1736C • AMERICAN AIRLINES, INC., v. UNITED STATES OF AMERICA

Filed 06/21/2006
Agricultural Quarantine Inspection User Fee Regulations, 7 C.F.R. § 354.3(f); Food and Drug, Collection of Fees for
Inspection Services Statute, 21 U.S.C. § 136a;
Immigration User Fee Statute, 8 U.S.C. § 1356;
Interlocutory Appeal, 28 U.S.C. § 1292(d)(2) Signed by Judge Braden.

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