USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 1 day 2 hours ago
General Jurisdiction (Reported)
General Jurisdiction (Unreported)
Vaccine (Reported)
Vaccine (Unreported)
Keywords:
Start date:
End date:

X

There are four categories on the left side of the search bar, each with a check box. The currently visible cateogry is highlighted yellow. To search multiple categories at once, place a check mark next to each desired category. Note if none are selected, the search will default to all categories. You must select additional search parameters (keyword, judicial officer, date range) if you specify a case category.

To search for specific words, enter one or more keywords in the search term box, then click the Search button. To search for a phrase, enclose it in quotes, "like this." Keywords and search terms are not case sensitive. You do not need to use wildcards.

To search by case number, enter the case number in xx-yyy format in the keywords box. The first two digits before the dash are the year in which the case was opened. If this year is 2000 through 2009, include the leading zero for best results.

To search by judicial officer (a particular judge or special master), click the drop-down menu "(judicial officer)" then make your selection from the list. If you decide to not search for a specific judicial officer, choose "(judicial officer)" from the list.

Dates are expected to be month/day/year format, also known as mm/dd/yyyy format. If you use a dash/hyphen as the separator, the search engine will expect the date to be in yyyy-mm-dd format (in other words, the year comes first; this is the European format).

Search results will have relevant terms highlighted so you can see why a particular item appears in the results. Note: Results are limited to 500 items; if your search returns 500 items, try adjusting it to get more specific results.

To clear your search results and view posted opinions, click on one of the category labels.

To close this help text, click on the Help! button again, or click the blue X in the upper right corner of this box.

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.

04-1052C • M.A. DeATLEY CONSTRUCTION, INC.,v. UNITED STATES OF AMERICA

Filed 06/21/2006
Motion to dismiss under RCFC 12(b)(6); Notice pleading under RCFC 8; Breach of contract; Defective Specifications; Differing Site Conditions; Constructive Change; Economic Waste Doctrine; Attorneys' Fees under the EAJA Signed by Judge Damich.

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

Filed 06/20/2006
Bid Protest; Motion to Dismiss for Mootness; Whether Issues Concerning an Equal Access to Justice Act (EAJA) Application Are Ripe for Judicial Decision Before the EAJA Application Has Been Filed; Whether the Court Must Direct a Party to File an EAJA Application Signed by Judge Hewitt.

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

Filed 06/20/2006
Motion for Reconsideration of Order on Motion to Compel Documents Withheld Under the Deliberative Process Privilege; RCFC 59; RCFC 37(a)(2); Scope of Privilege; Procedural Requirements for Invocation of the Privilege; Failure to Meet Procedural Requirements for Invocation of Privilege; Cure of Failure by Provision to Court of Deliberative Process Documents and Affidavits for In Camera Review; Balance of Asserted Harm from Disclosure Against Need for Discovery Signed by Judge Hewitt.

05-1042C • THE DALLES IRRIGATION DISTRICT, v. UNITED STATES OF AMERICA

Filed 06/19/2006
Alleged breach of contract; charges for hydroelectric power from The Dalles Dam; motion to dismiss; statute
of limitations; 28 U.S.C. § 2501; continuing claim doctrine Signed by Judge Lettow.

04-1780C • WAYNE M. PARKER, v. UNITED STATES OF AMERICA

Filed 06/16/2006
Military Pay Act, Department of Defense Financial Management Regulations, 10 U.S.C. § 875(a), back pay for forfeiture of pay and allowances pursuant to a disapproved sentence, expiration of term of service during confinement later set aside, Chapter 10 administrative discharge in lieu of trial by court-martial, sentence of no punishment Signed by Judge Baskir.

05-296T • GRAPEVINE IMPORTS, LTD, and T-TECH, INC., as Tax Matters Partner, v. UNITED STATES OF AMERICA

Filed 06/14/2006
TEFRA partnership proceeding; Crossmotions for (partial) summary judgment; Interaction of sections 6229(a) and 6501 of the Internal Revenue Code; AD Global holding adopted; Plain meaning rule -section 6229(a) is an alternative minimum period of limitations; Crnkovich, Rhone-Poulenc and Andantech examined; Reliance on headings prohibited - section 7806(b) of the Code; Analogous provisions examined; "Subsequent" legislative history; Interaction problems rejected; Canons of construction; Relationship of sections 6229(d) and 6501;
Section 6229(c)(2) and 6501(e)(1)(A); Colony, Inc.; Evidentiary hearing Signed by Judge Allegra.

97-21C • CHEMICAL SEPARATION TECHNOLOGY, INC., et al., v. UNITED STATES OF AMERICA

Filed 06/14/2006
Trial; Patent infringement case; Acid mine drainage treatment; Literal infringement; Doctrine of equivalents; Portable interim treatment system; Absence of licensing requirement; Integration clause; Modification of purchased item not infringement; Unilateral intention of patentee not controlling; Key elements of patent claims missing in other water treatment facilities; Infringement not demonstrated Signed by Judge Allegra.

05-736C • AEROPLATE CORPORATION, v. UNITED STATES OF AMERICA

Filed 06/14/2006
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); unclean hands Signed by Judge Miller, C..

06-75C • LOWRY ECONOMIC REDEVELOPMENT AUTHORITY, v. UNITED STATES OF AMERICA

Filed 06/13/2006
Motion for Joinder (RCFC 19(a));Motion for Consolidation (RCFC 40.2); Necessary Party; Complete Relief; Inconsistent Obligations;
Judicial Economy Signed by Judge Wheeler.

04-149C • PADRAIG TARRANT, v. UNITED STATES OF AMERICA

Filed 06/13/2006
Claims for mishandling property located at a facility subject to a removal action conducted by the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § § 9601-9675; tort claims; jurisdiction under the Tucker Act, 28 U.S.C. § 1491; transfer; 28 U.S.C. § 1631 Signed by Judge Lettow.

05-990C • JEFFREY D. COTTRELL, v. UNITED STATES OF AMERICA

Filed 06/13/2006
Conservation Reserve Program; Statute of limitations under 28 U.S.C. § 2501; Production Flexibility Contract; Failure to exhaust administrative appeals under 7 U.S.C. § 6912(e) and 7 C.F.R. § 11.13(b) goes to the sufficiency of the claim asserted Signed by Judge Damich.

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.

Pages