USCFC General Jurisdiction-Reported

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03-2684L & 01-568L consolidated • SHELDON PETERS WOLFCHILD, et al., v. UNITED STATES OF AMERICA

Filed 04/27/2007
Indian trust claims based upon Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; motion to quash summonses; case or controversy; amendment of complaint and complaints of intervening plaintiffs; RCFC 15(a); intervention as plaintiffs; RCFC 24 Signed by Judge Lettow.

05-231T • JZ BUCKINGHAM INVESTMENTS LLC, v. UNITED STATES OF AMERICA

Filed 04/27/2007
Motion challenging sufficiency of responses to requests for admission; RCFC 36(a); deemed admitted; cannot admit or deny; reasonable inquiry; sufficient information; good faith; genuineness of documents; tax partnership; FPAA; non-publicly traded foreign currency options; tax shelter; COBRA Signed by Judge Damich.

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

Filed 04/27/2007
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 Motion to amend or modify opinion; RCFC 59(e); 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..

04-1511 consolidated with 04-1512C • AT&T CORP., & LUCENT TECHNOLOGIES, INC.,v. UNITED STATES OF AMERICA

Filed 04/26/2007
Amended Cost Accounting Standard 413, 48 C.F.R. § § 9904.413-30(a)(19), (20) 9904.413-50(c)(12); Contract Disputes Act, 41 U.S.C. § § 601, et seq.; Counterclaim, 28 U.S.C. § § 1503, 2508; Summary Judgment, RCFC 56(c); Segment Closing; Segment Closing Adjustment Signed by Judge Braden.

07-95C • RICHARD HENRY MUTCH, v. UNITED STATES OF AMERICA

Filed 04/26/2007
Motion to Dismiss; 28 U.S.C. § 2501 Statute of Limitations Signed by Judge Smith.

03-2692C • MARY K. EDELMANN and CHRISTOPHER EDELMANN, v. UNITED STATES OF AMERICA

Filed 04/24/2007
Motion to dismiss; pro se plaintiffs; subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; private party defendants; tort claims; plea agreement; implied contract; collateral estoppel; Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq.; money-mandating; Due Process and Equal Protection Clauses; Fifth Amendment; Takings Clause; Sixth Amendment; Eighth Amendment; Fourteenth Amendment; litigation expenses; attorneys' fees; transfer pursuant to 28 U.S.C. § 1631 Signed by Judge Miller, G..

05-81V • APRIL SPATES, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/24/2007
National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.; Motion to Review; Causation-in-fact; Measles-Mumps-Rubella Vaccine; Miscarriage or Spontaneous Abortion Signed by Judge Bruggink.

06-47C • PHILLIPS/MAY CORPORATION, v. UNITED STATES OF AMERICA

Filed 04/19/2007
Motion for summary judgment, RCFC 56(c), appeal of decision by Contracting Officer, res judicata, claim preclusion, same transactional facts Signed by Judge Miller, G..

03-2028T & 04-907T • KENNETH C. KEENER, WILLIAM P. SMITH, and ANNE D. SMITH, v. UNITED STATES OF AMERICA

Filed 04/18/2007
Tax refund suit; Motion for partial dismissal; Tax Equity and Fiscal Responsibility Act (TEFRA); Unified partnership provisions; 26 U.S.C. § 7422(h) - no action attributable to partnership item; Jurisdictional issue involving 26 U.S.C. § 6229 is either partnership item or affected item over which this court lacks refund jurisdiction; Waiver; Impact of individual partner settlements; Issue involving imposition of interest under 26 U.S.C. § 6621(c) is either partnership item or affected item over which this court lacks refund jurisdiction; Motion granted Signed by Judge Allegra.

No. redactedV • JANE DOE,v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/18/2007
National Vaccine Injury Compensation Program; hepatitis B vaccine; neutropenia; arthritis; significant aggravation; witness credibility; contemporaneous medical records; arbitrary and capricious review of special master's findings; special master's role in hearings Signed by Judge Wolski.

03-2154C • MORELAND CORPORATION and LAS VEGAS VA1 LLC, v. UNITED STATES OF AMERICA

Filed 04/18/2007
Contract Disputes Act; Default Termination of Building Lease; Agency's Failure to Allow Lessor to Make Repairs; Agency's Failure to Show Constructive Eviction or Denial of Beneficial Use or Enjoyment; Contracting Officer Abuse of Discretion; Agency's Bad Faith Conduct; Effect of Statements in Different Lawsuit; Damages; No Restriction From Termination for Convenience Clause Signed by Judge Wheeler.

92-580C • SPARTON CORPORATION, v. UNITED STATES OF AMERICA

Filed 04/18/2007
Exclusion of expert testimony; Daubert; specialized knowledge; government contract expert; legal conclusions; ultimate issue; patent infringement; Christian doctrine; Patent Rights clause; sonobuoys Signed by Judge Damich.

01-517C, 05-371C, and 05-963C • GHS HEALTH MAINTENANCE ORGANIZATION, INC. d/b/a BLUELINCS HMO, TEXAS HEALTH CHOICE, L.C., SCOTT & WHITE HEALTH PLAN, v. US

Filed 04/17/2007
GHS HEALTH MAINTENANCE ORGANIZATION, INC. d/b/a BLUELINCS HMO, TEXAS HEALTH CHOICE, L.C., SCOTT & WHITE HEALTH PLAN, v. UNITED STATES OF AMERICA Federal Employees Health Benefits Act provision 5 U.S.C. § 8902(i); 48 C.F.R. §1652.216-70(b)(6) (Final Year Regulation); Chevron Deference; Waiver; Laches; Reformation; Summary Judgment Signed by Judge Horn.

06-654C • PHILLIPPI S. LOWE, v. UNITED STATES OF AMERICA

Filed 04/16/2007
Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1); Jurisdiction; Just Compensation Clause, U.S. CONST. amend. V; Pro Se; RCFC 12(b)(1); U.S. CONST. amends. I, V, XIV; 42 U.S.C. § 1983 Signed by Judge Braden.

95-517V • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES

Filed 04/13/2007
Winstar, damages, FIRREA, contract breach as cause of curtailed asset growth, lost profits based upon thrift's actual historic yields and costs of funds, failure to approve merger application as breach, damages due to compelled modified conversion, offset of benefits from such conversion, prior material breach, award of damages where Government bore economic risks of ownership of mutual thrift at time of breach Signed by Judge Miller, G..

99-31V • GAIL DEVONSHIRE,v.SECRETARY OF THE DEPARTMENTOF HEALTH AND HUMAN SERVICES

Filed 04/12/2007
Vaccine Act; Tetanus; Brachial Neuritis; Cervical Radiculopathy Signed by Judge Block.

06-255C • RICK'S MUSHROOM SERVICE, INC., v. UNITED STATES OF AMERICA

Filed 04/10/2007
Contracts; breach of contract; motion to dismiss pursuant to RCFC 12(b); subject matter jurisdiction; ripeness; Contract Disputes Act, 41 U.S.C. § 609 (2000); contract for procurement of services; procurement contract versus cooperative agreement; Spearin doctrine; Anti-Deficiency Act, 31 U.S.C. § 1341 (2000); implied-in-law warranty Signed by Judge Miller, C..

05-252T • EDWARD MARANDOLA, JR., and CARMEN MARANDOLA, v. UNITED STATES OF AMERICA

Filed 04/04/2007
Trial on stipulated facts in a tax refund suit; trader in securities; 26 U.S.C. § 475(f); mark-to-market tax accounting method; attempted change of proper accounting methods; Rev. Proc. 99-17; 26 U.S.C. § 7422(a); "substantial variance" rule; Treas. Reg. § 301.9100-3 Signed by Judge Lettow.

06-786C • KNOWLEDGE CONNECTIONS TRAVEL, INC. v. UNITED STATES OF AMERICA

Filed 04/03/2007
Pre-award bid protest converted to a post-award protest; cross-motions for judgment on the administrative record; General Services Administration set-aside contracts for service-disabled, veteran-owned small businesses; information technology procurement; Veterans Technology Services Government-wide Acquisition Contract; "executive agent" designation by the Office of Management and Budget Signed by Judge Lettow.

07-125C • PROTECTION STRATEGIES, INCORPORATED, v. UNITED STATES OF AMERICA

Filed 04/02/2007
Post-Award Bid Protest; Motion for Preliminary Injunction; Declarations; Live Testimony; Hearsay; Bait and Switch; National Security Signed by Judge Sweeney.

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