USCFC General Jurisdiction-Reported

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04-0119C & 05-532C • FAYE ZHENGXING, v. UNITED STATES OF AMERICA

Filed 06/09/2006
Jurisdiction; Contract Disputes Act; 41 U.S.C. § 601 et. seq.; Blanket Purchase Agreement; Purchase Order Vendor Signed by Judge Williams.

90-878C • ALFRED D. HUGHES and EL PASO HOLDING CORPORATION, v. UNITED STATES OF AMERICA

Filed 06/09/2006
Winstar-related case; trial on damages; return of required contributions; Financial Institution Reform, Recovery, and Enforcement Act;
material, substantial and total breach; offsets; tax gross-up; assumption of risk of regulatory change Signed by Judge Merow.

05-909C • CARL L. SEALEY, and RONALD W. BARR, v. UNITED STATES OF AMERICA

Filed 06/08/2006
Military Incentive Awards Program, 10 U.S.C. § 1124; Failure to Allege a Money-Mandating Claim; Quantum
Meruit Signed by Judge Firestone.

05-330C • CHAPMAN LAW FIRM CO., v. UNITED STATES OF AMERICA

Filed 06/07/2006
Bid Protest; Proposed Agency Corrective Action; Need For Competition in Reopening Negotiations; Effect of SBA Office of Hearings & Appeals Decision Reinstating Offeror As Eligible Small Business Signed by Judge Wheeler.

98-815C • ATWOOD-LEISMAN, et al., v. UNITED STATES OF AMERICA

Filed 06/05/2006
Rural housing contracts administered by the Farmer's Home Administration; prepayment rights; restriction of those
rights by the Emergency Low Income Housing Preservation Act of 1987 and the Housing and Community Development Act of 1992; breach of contract Signed by Judge Lettow.

05-528C • TELENOR SATELLITE SERVICES, INC., v. UNITED STATES OF AMERICA

Filed 06/02/2006
Bailment contract, Government employees' express and implied contracting authority, contract ratification, duties of various State Department officials Signed by Judge Baskir.

05-751C • CINCINNATI INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 06/02/2006
Equitable Subrogation; Payment Bond Surety; Summary Judgment Signed by Judge Firestone.

05-591C • CENTERS, v. UNITED STATES OF AMERICA

Filed 06/01/2006
Breach of contract; assignment of claims; Anti-Assignment Act; privity of contract Signed by Judge Baskir.

04-1454C • DAVID P. BAIRD, v. UNITED STATES OF AMERICA

Filed 06/01/2006
Military Pay, Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); 28 U.S.C. § 1491; Pro se Plaintiff; Equitable Relief; Remand to Board for Correction of Military Records for the U.S. Coast Guard Signed by Judge Wheeler.

05-1186C • COMPREHENSIVE HEALTH SERVICES, INC., v. UNITED STATES OF AMERICA

Filed 05/31/2006
Administrative Procedure Act; 5 U.S.C. § § 701, et seq.; Duty of Good Faith, Fair Dealing, and Honest Consideration; Motion for Judgment on the Administrative Record, RCFC 56.1; Motion to Supplement the Administrative Record; Post-Award Bid Protest, 28 U.S.C. § § 1491(a)(1), (b)(1);
RESTATEME NT (SECOND) OF CONTRACTS § 205;
10 U.S.C. § § 2305(b)(1), (4)(c); 48 C.F.R. § § 15.303(b)(6), 15.305(a)(2), 15.308 Signed by Judge Braden.

04-1365C • CHEVRON U.S.A., INC., v. UNITED STATES OF AMERICA

Filed 05/31/2006
Department of Energy Organization Act, 91 Stat. 565 (1977); Freedom of Information Act, 5 U.S.C. § 551, et seq.; Jurisdiction; Motion to Dismiss, RCFC 12(b)(1), 12 (b)(6); National Defense Authorization Act, 10 U.S.C. § 7420, et seq.; Naval Petroleum Reserves Production Act of 1976, 90 Stat. 303 (1976) Signed by Judge Braden.

04-1540C • SUSAN S. FAHEY, v. UNITED STATES OF AMERICA

Filed 05/31/2006
Termination for Convenience; Bad Faith; Retaliation; Disputed Issues of Fact Signed by Judge Firestone.

03-1874C • EDWARD T. ARAKAKI and HELEN ARAKAKI, v. UNITED STATES OF AMERICA

Filed 05/30/2006
Summary Judgment; Contract; Implied-in-Fact Agreement; Authority of Agent to Bind the United States; Ratification; Motion to Dismiss; Absence of Jurisdiction Where Plaintiff Is Not in Privity of Contract with the United States Signed by Judge Hewitt.

96-738C • CITY LINE JOINT VENTURE, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Fifth Amendment Taking: The effect of statutory restrictions on a contract right to prepay a federally insured mortgage as set forth in the Emergency Low Income Housing Preservation Act of 1987 ("ELIHPA"), 12 U.S.C. § 1715l note, and the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ("LIHPRHA"), 12 U.S.C. § § 4101- 4124. Ripeness of Claim: (i) A litigant is not required to pursue a final administrative determination that could not, on the facts of the case, have been decided in his favor in order to ripen his claim; (ii) a statutory provision allowing the sale of a property in lieu of mortgage prepayment does not qualify as a compensation mechanism given in exchange for statutory restrictions. Regulatory Taking: Application of the Penn Central factor - the character of the government's action, the economic impact of that action, and the reasonableness of the investmentbacked expectations - precludes a finding of a taking where the economic impact is insubstantial and outweighs the other factors. Signed by Judge Wiese.

95-503C • FIFTH THIRD BANK, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Contracts; Winstar case; remand; damages for breach of contract; expectancy damages; sale of division; conversion proceeds; tax gross-up Signed by Judge Miller, C..

99-4451L consolidated with 04-277L, 05-1353L, 05-1381L & 06-72L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 05/26/2006
Takings; Navigational Servitude; Whether Federal Navigational Servitude Defines Scope of United States' Potential Takings Liability; Whether Federal Law Defines Scope of United States' Navigational Servitude; Whether Ordinary High Water Mark Defines Boundary of United States' Navigational Servitude and Potential Liability; Whether Certification of Questions to the Supreme Court of Michigan Is Appropriate Where Issues Governed by Federal Law Signed by Judge Hewitt.

03-2033C • COMMERCIAL CASUALTY INSURANCE COMPANY OF GEORGIA, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Equitable Subrogation; Payment Bond Sureties; Sovereign Immunity Signed by Judge Firestone.

04-1478C • CAPITOL INDEMNITY CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Equitable Subrogation; Payment Bond Surety; Notice of Contractor's Default Signed by Judge Firestone.

05-1312C • PHT SUPPLY CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Post Award Bid Protest; Best Value Negotiated Procurement; Adjectival Risk Assessment; Evaluation of Proposals According to Terms of Solicitation; Effect of Prior Contracts   Terminated for Convenience of the Government on Past Performance Evaluation;
Agency Duty to Verify Price When Mistake in Proposal Suspected Signed by Judge Bush.

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