USCFC General Jurisdiction-Reported

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04-1720C • RAFAEL DIAZ COLON, v. UNITED STATES OF AMERICA

Filed 05/24/2006
Military disability retirement claim; 10 U.S.C. § 1201; deceased plaintiff; RCFC 25; statute of limitations; 28 U.S.C. § 2501; laches; equitable estoppel; cross-motions for judgment upon the administrative record Signed by Judge Lettow.

96-494C • CENTEX CORPORATION, ET. AL., v. UNITED STATES OF AMERICA

Filed 05/24/2006
Winstar; Guarini Legislation; Attorneys' Fees; Rule 54(b); Rule 37(c) sanctions Signed by Judge Bruggink.

05-1041T • PARKER HANNIFIN CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/23/2006
Tax refund suit; Timeliness and amendment of administrative claim; Credit allowance date; Admissibility of content of destroyed IRS document Signed by Judge Wheeler.

03-1765C • CHARLES VAN CLEAVE, v. UNITED STATES OF AMERICA

Filed 05/19/2006
Board for Correction of Naval Records; Remand; Bad Faith; Substantial Evidence; Disability Retirement; VASRD; Medical Discharge; Disability Ratings; Physical Examination Board; 38 C.F.R. Part 4; 38 C.F.R. § 4.20 Signed by Judge Hodges.

03-620V • ADELA QUINTANA DE BAZEN, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/18/2006
Petition for review of special master's decision; National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1 to 300aa-34; causation; petitioner's prima facie case; shift of burden of proof to respondent to establish another cause once petitioner has established a prima faciecase; 42 U.S.C. § 300aa-13(a); remand Signed by Judge Lettow.

04-1587C • JOHN L. CORRIGAN, v. THE UNITED STATES

Filed 05/10/2006
Motion for Reconsideration; Rule of the Court of Federal Claims (RCFC) 59; Equitable Tolling; Continuing Claims Doctrine; Whether Failure to Raise Issue on Summary Judgment Prevents Party From Raising Issue on Reconsideration; Whether Decisions of the General Services Board of Contract Appeals (GSBCA) Bind This Court; Whether Status Exempting Application of Overtime Provisions of Fair Labor Standards Act (FLSA) Includes Application of Exemption to Overtime Travel Claims Signed by Judge Hewitt.

01-79C • VIACOM, INC., v. THE UNITED STATES

Filed 05/08/2006
Pension Deficit; Segment Closing Adjustment, Cost Accounting Standard ("CAS") 413.50(c)(12), 48 C.F.R. § 9904.413.50(c)(12); Equitable Adjustment, 48 C.F.R. § 52.230-2(a)(4)(i); Limitation of Costs and Limitation of Funds Clauses, 48 C.F.R. § § 52.232-20 and 52.232-22; Failure to Fund Pension Amounts Claimed; Fee and Profit; Prior Releases Signed by Judge Firestone.

05-1020C • AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, v. THE UNITED STATES

Filed 05/05/2006
Amended Complaint as a Matter of Course; RCFC 15(a); Motion to Amend Complaint; Effect of Amended Complaint on Motion to Dismiss Signed by Judge Sweeney.

05-955T • UNICO SERVICES, INC. f/k/a Unico Replacement Parts, Inc., v. THE UNITED STATES

Filed 05/03/2006
Motion to Enjoin Collection Proceedings; I.R.C. § 6331(i)(1); I.R.C. § 6331(i)(4)(B) Signed by Judge Smith.

01-680C • JGB ENTERPRISES, INC., v. THE UNITED STATES

Filed 05/03/2006
RCFC 60(b); one-year time limitation for motions under RCFC 60(b)(1), (2), and (3);
timeliness of "amended" RCFC 60(b) motion; excusable neglect; intended third-party beneficiary; mutual exclusivity of
RCFC 60(b)(1)-(5) and (b)(6) Signed by Judge Miller, G..

05-800C • GLORIA SANTIAGO, v. THE UNITED STATES

Filed 05/03/2006
Military disability retirement claim; 10 U.S.C. § 1201; subject matter jurisdiction; cross-motions for judgment on the administrative record;
failure to explain discrepant findings; remand to the Secretary of the Army Signed by Judge Lettow.

05-1125C • PRECISION STANDARD, INC., v. THE UNITED STATES

Filed 05/02/2006
Bid Protest; Motion for Reconsideration; RCFC 59(a)(1); Motion Denied When Movant Had Ample Prior Opportunity to Raise Arguments on Which Motion for Reconsideration is Based; 48 C.F.R. § 9.105-1 (2005) Signed by Judge Hewitt.

98-554C • TERRY C. BRUNNER, v. THE UNITED STATES

Filed 05/02/2006
Drug Enforcement Administration; cooperating individual agreement; implied actual authority; apparent authority; duty to inquire; notice of laws, regulations;
ratification; awards; salary and expenses; resident-agent-in-charge; special-agent- in-charge; Asset Forfeiture Fund; summary judgment Signed by Judge Wolski.

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

Filed 04/28/2006
Doctrine of Equivalents;
Double Inclusion; Literal Infringement; Preponderance of the Evidence; United States Patent No.6,142,637;
United States Patent No. 6,467,914; 28 U.S.C. § § 1491(a), 1498(35 U.S.C. § § 100(d), 112, 281; RCFC 24(a), 26(a), 52(c)
Signed by Judge Braden.

01-351C • CLEARWATER CONSTRUCTORS, INC., (a Division of Hensel Phelps Construction Co.), v. THE UNITED STATES

Filed 04/28/2006
Government contracts; Contract Disputes Act; summary judgment; factual issues as to structural engineering calculations and meanings; latent/patent defects in specifications and design; delay; administrative effort to resolve questions of contract interpretation Signed by Judge Merow.

06-231C • EDWARD GRINNELL, v. THE UNITED STATES

Filed 04/27/2006
CDA; Appeal to BCA or direct suit in COFC; Binding Election Doctrine; Election not binding unless chosen forum has jurisdiction
Signed by Judge Damich.

04-1759L • MYRON C. SIMMONS, v. THE UNITED STATES

Filed 04/25/2006
Subject-Matter Jurisdiction, Statute of Limitations, Continuing Tort Doctrine, Continuing Claim Doctrine, Indian Trust Accounting Statute, Motion to Dismiss, RCFC 12(b)(1), 42 U.S.C. § 1983 Signed by Judge Smith.

05-1123C • MARCUS L. WILLIAMS, v. THE UNITED STATES

Filed 04/25/2006
Military pay case; 10 U.S.C. § 701; 37 U.S.C. § 501; motion to dismiss; claims pending before other federal courts; 28 U.S.C. § 1500; motions for judgment upon the administrative record;
extension of military jurisdiction past enlistment term because of pending court-martial charges;
forfeiture of accumulated leave upon conviction by court-martial Signed by Judge Lettow.

04-74C consolidated with 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. THE UNITED STATES

Filed 04/25/2006
Summary Judgment; Spent Nuclear Fuel; Nuclear Waste Policy Act; 42 U.S.C. § 10222(a)(5)(B) (2000); Whether Restitution Is Available in the Circumstances of This Case;
Whether a Takings Claim May Be Maintained in the Circumstances of This Case; GTCC Waste Signed by Judge Hewitt.

04-1729C • GERALD A. LECHLITER, v. THE UNITED STATES

Filed 04/25/2006
Jurisdiction Over Constitutional Claims; Performance Standards;
Review on the Administrative Record; Disability Retirement; Fitness for Duty Signed by Judge Firestone.

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