USCFC General Jurisdiction-Reported

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05-1218C • REBECCA RYAN d/b/a FLYAWAY FARM AND KENNELS, v. UNITED STATES OF AMERICA

Filed 02/09/2007
Bid Protest; Motion for Attorney's Fees and Costs; Equal Access to Justice Act, 28, U.S.C. § 2412; 5 U.S.C. § 504; Prevailing Party; Catalyst Theory Signed by Judge Hewitt.

02-1795C • THE SWEETWATER, A WILDERNESS LODGE LLC, v. UNITED STATES OF AMERICA

Filed 02/09/2007
Equal Access to Justice Act; Apportionment; Interest for Late Payment; Pre-Litigation Fees and Expenses Signed by Judge Merow.

06-282C • CHANT ENGINEERING CO., INC.,v. UNITED STATES OF AMERICA

Filed 02/07/2007
Post-Award Bid Protest; Standing to Protest; Procurement of a Commercial, Off-the-Shelf System; Compatibility Requirements Signed by Judge Horn.

06-825C • DISMAS CHARITIES, INC.,v. UNITED STATES OF AMERICA

Filed 02/07/2007
Bid protest; jurisdiction; standing; interested party Signed by Judge Margolis.

06-519C • GLORIA ANNETTE CHANEY, v. UNITED STATES OF AMERICA

Filed 02/02/2007
Board for Correction of Military Records, Military Pay Act, disability, statute of limitations, subject matter jurisdiction, failure to state a claim upon which relief can be granted Signed by Judge Miller, G..

04-1792C • AAB JOINT VENTURE, v. UNITED STATES OF AMERICA

Filed 02/02/2007
Implied warranty of specifications; defective specifications; dimension tolerances;reliance; change due to response to request for information; notice and request for equitable adjustment requirement for constructive change; earthworks; compaction of fill; density tests Signed by Judge Damich.

97-334C • CCA ASSOCIATES, v. UNITED STATES OF AMERICA

Filed 01/31/2007
Post-trial findings and conclusions;Takings Clause of the Fifth Amendment; National Housing Act; Emergency Low Income Housing Preservation Act; Low-Income Housing Preservation and Resident Homeownership Act; temporary taking; Penn Central analysis; just compensation Signed by Judge Lettow.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA

Filed 01/31/2007
Winstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment Signed by Judge Williams.

94-522C • FIRST ANNAPOLIS BANCORP, INC., v. UNITED STATES OF AMERICA

Filed 01/31/2007
Winstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment Signed by Judge Williams.

04-556C • BETA ANALYTICS INTERNATIONAL, INC., v. THE UNITED STATES

Filed 01/31/2007
Post-award bid protest; arbitrary evaluation process; awarding bid preparation and proposal costs; contemporaneous records; reconstructed records; staff time spent on proposal; costs incurred prior to issuance of solicitation; third party invoices; consultant costs; publishing support services costs Signed by Judge Wolski.

05-1311C • ROBIN C. BROOKINS, v. UNITED STATES OF AMERICA

Filed 01/30/2007
Military Pay; Jurisdiction; Voluntariness; Waiver of Sanctuary, 10 U.S.C. § 12686(b); Motion to Dismiss Signed by Judge Horn.

99-279C With Which Nos. 99-529C, 99-530C, 00-531C, 03-1537C, 05-804C, 06-173C, 06-174C, 06-175C, 06-176C, 06-177C, 06-178C, 06-179C, 06-180C, and 06-181C Are Consolidated • MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v

Filed 01/26/2007
Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2); Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514; Major Fraud Against the United States, 18 U.S.C. § § 2, 1031(a); Tucker Act, 28 U.S.C. § 1491; 18 U.S.C. § 287 (criminal false, fictitious or fraudulent claims); 31 U.S.C. § 3905(a), (b); FAR 52.232-5, Payments Under Fixed-Price Construction Contracts; FAR 52.232-27, Prompt Payment for Construction Contracts; RCFC 12(b)(6), Motion to Dismiss; RCFC 56(c), Motion for Partial Summary Judgment Signed by Judge Braden.

00-292C & 01-434C consolidated • MASSACHUSETTS INSTITUTE OF TECHNOLOGY, and MASSACHUSETTS GENERAL HOSPITAL, v. UNITED STATES OF AMERICA

Filed 01/26/2007
Vacatur; Inherent Authority of the Court; Balance of Equities Signed by Judge Firestone.

04-1719C, 05-114c, 05-1172C & 06-49C consolidated • AAB JOINT VENTURE, v. UNITED STATES OF AMERICA

Filed 01/26/2007
Subject matter jurisdiction; presentment and certification to contracting officer for final decision; equitable adjustment for differing site conditions; subsurface conditions; subgrade replacement; added pile lengths Signed by Judge Damich.

05-924T • SUSAN HELENE MINEHAN, Pro se, v. UNITED STATES OF AMERICA

Filed 01/26/2007
Tucker Act; Statutory Waiver of Sovereign Immunity; Internal Revenue Code § 6511(a); Statute of Limitations; Equitable Tolling; Protective Claim; Informal Refund Claim; Tort Claim; Contract Implied-in-Fact Signed by Judge Bush.

03-2644C & 04-297C • AXION CORPORATION, v. UNITED STATES OF AMERICA

Filed 01/25/2007
Termination for Default; Release; Unilateral Mistake; "Excuse" for Default; Duty to Cooperate; First Article Test Signed by Judge Firestone.

06-476C • SHARON GIBSON-DICKSON, v. UNITED STATES OF AMERICA

Filed 01/25/2007
Claim of Fraudulent HUD Home Mortgage Forbearance Agreement; Six-Year Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Wheeler.

06-384C • KATHLEEN M. SCHRADER, v. UNITED STATES OF AMERICA

Filed 01/22/2007
Civilian pay; Equal Pay Act, 29 U.S.C. § 206(d) (2000); statute of limitations, 29 U.S.C. § 255(a) (2000); transfer pursuant to 28 U.S.C. § 1631 (2000); 28 U.S.C. § 1500 (2000); res judicatas Signed by Judge Miller, C..

06-525C • DIANA DAWSON, v. UNITED STATES OF AMERICA

Filed 01/22/2007
Public Safety Officers' Benefits Act of 1976, 42 U.S.C. § § 3796 - 3796c; Death Benefits Eligibility; Date of Injury Signed by Judge Firestone.

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