USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-960C • STATES ROOFING CORP. v. THE UNITED STATES

Filed 04/12/2006
Motion to Dismiss; Election Doctrine; Dismissal Not Ripe Until Plaintiff, Jurisdiction Has Been Decided By First Forum Signed by Judge Bush.

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

Filed 04/10/2006

STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY v. THE UNITED STATES

 (04-541L)

Contracts; breach of contract; summary judgment; takings; Central Valley Project Improvement Act, Pub. L. No. 102-575, tit. XXXIV, 106 Stat. 4600, 4706-31 (1992) (the "CVPIA"); third-party beneficiary; sovereign acts doctrine; waiver of defense; unmistakability doctrine; contract interpretation - plain meaning and ambiguity; parol evidence rule

Signed by Judge Miller, C..

01-459C & 03-2515C • INTERNATIONAL DATA PRODUCTS CORP. v. THE UNITED STATES

Filed 04/10/2006
Termination of express contract; compensation for work performed thereafter pursuant to direction by the Government; contract implied in fact; manifestation of agreement and mutual intent to contract; equitable adjustment; constructive change; cardinal change; quantum meruit; contract implied in law Signed by Judge Miller, G..

05-888C • MICHAEL F. FEDERICO v. THE UNITED STATES

Filed 04/04/2006
Jurisdiction; Motion to Dismiss; Civilian Pay; Breach of Contract Signed by Judge Horn.

05-1078T • ROBERT C. JOHNSON, pro se v. THE UNITED STATES

Filed 04/04/2006
Tax; pro se complaint; motion to dismiss; jurisdiction; requirement to pay taxes in refund suit under 26 U.S.C. § 7422(a) (2000); requirement to file claim on refund suit; bar to claim when suit filed in U.S. Tax Court under 26 U.S.C. § 6512(a) (2000); transfer of claims under 28 U.S.C. § 1631 (2000) Signed by Judge Miller, C..

04-299C • ACE CONSTRUCTORS, INC.,v. THE UNITED STATES

Filed 03/31/2006
Trial on equitable adjustments and damages; contract for construction of Ammo Hot-Load Facility at Biggs Army Airfield, Fort Bliss, El Paso, TX; claim requirements of the Contract Disputes Act, 41 U.S.C. § § 601-613; differing site conditions; FAR [48 C.F.R. §] 52.236-2; defective specifications; constructive-change doctrine; liquidated damages Signed by Judge Lettow.

98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. THE UNITED STATES

Filed 03/31/2006

Causation; Certainty;
Damages; Foreseeability;
Mitigation; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.;

RESTATEMENT (FIRST) OF CONTRACTS § 329;

RESTATEMENT (SECOND) OF CONTRACTS § § 152, 351(1), (2);

RESTATEMENT (SECOND) OF JUDGMENTS; § 26(1)(a), (b); FED. R. EVID. 702; 10 C.F.R. § 961.11

Signed by Judge Braden.

98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. THE UNITED STATES

Filed 03/31/2006

Causation; Certainty;
Damages; Foreseeability;
Mitigation; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.;

RESTATEMENT (FIRST) OF CONTRACTS § 329;

RESTATEMENT (SECOND) OF CONTRACTS § § 152, 351(1), (2);

RESTATEMENT (SECOND) OF JUDGMENTS; § 26(1)(a), (b); FED. R. EVID. 702; 10 C.F.R. § 961.11

Signed by Judge Braden.

04-710C • JOHN FILOSA and SUSAN KEMBLE, v. THE UNITED STATES

Filed 03/31/2006
Motion for Class Certification; 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.

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

Filed 03/30/2006
Motions in Limine; Trial, Spent Nuclear Fuel; Availability of Damages That Post-Date the Filing of Plaintiff's Complaint;
Motion to Strike Portions of Expert Report Relating to Damages That Post-Date the Filing of Plaintiff's Complaint Signed by Judge Hewitt.

99-758C • JOHN ALETTA, et al., v. THE UNITED STATES

Filed 03/30/2006
Overtime Pay; Federal Employees Pay Act; Federal Employees Flexible and Compressed Work Schedules Act; Approval Requirements for Overtime Travel, and Overtime for Employees on Flexible Schedules Signed by Judge Wheeler.

05-262L • FIREBAUGH CANAL WATER DISTRICT, et al., v. THE UNITED STATES

Filed 03/29/2006
Tucker Act; Jurisdiction; 28 U.S.C. § 1500; "Pendency" requirement of Section 1500 Signed by Judge Bruggink.

00-129C • LOCKHEED MARTIN CORPORATION, v. THE UNITED STATES

Filed 03/29/2006
Government contract case; Cross-motions for summary judgment; Violation of CAS 418; Failure to deny claims made in summary judgment motion; Increased costs as a result of a CAS violation; 41 U.S.C. § 422(h); Offsets between flexiblypriced and fixed-price contracts; Offset claim relating to disposition of tangible property; Failure to comply with CDA requirements for perfecting claim; Issues arising out of "same set of operative facts;" Claims in the nature of setoff or recoupment Signed by Judge Allegra.

03-2231C • ENGINEERED DEMOLITION, INC., v. THE UNITED STATES

Filed 03/28/2006
Breach of contract for removal of radiologically contaminated soil; motion for partial dismissal; subject matter jurisdiction; motion for summary judgment; Contract Disputes Act; Changes   Clause in FAR [48 C.F.R. §] 52.243-1; equitable adjustment Signed by Judge Lettow.

05-697C • JULIE AMBER MESSICK, Administratrix, Estate of Christopher Kangas, Deceased, v. THE UNITED STATES

Filed 03/27/2006
Motion for Judgment Upon the Administrative Record;
Public Safety Officers' Death Benefits Act, 42 U.S.C. § § 3796-3796c; Definitions of "Public Safety Officer," "Firefighter," "Line of Duty" Signed by Judge Horn.

05-475T • DARLENE R. ESPOSITO, v. THE UNITED STATES

Filed 03/27/2006
Pro Se Tax Refund Case;
Motion for Summary Judgment Signed by Judge Horn.

79-4582L, 79-4583L, 79-4592L, 79-4593L • THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, v. THE UNITED STATES

Filed 03/27/2006

 THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, v. THE UNITED STATES

(Nos. 79-4582L, 79-4583L, 79-4592L, 79-4593L)  

Motion for Leave to Amend Complaint; RCFC 15(a); Futility as Justification for Denial; Department of the
Interior and Related Agencies Appropriations Acts, 1990-2005; Department of the Interior, Environment, and Related Agencies Appropriations Act of 2006, Pub. L. No. 109-54, 119 Stat. 499, 519; 28 U.S.C. § 2501

Signed by Judge Hewitt.

05-608C • FRANCISCO JAVIER RIVERA AGREDANO and ALFONSO CALDERON LEON, v. THE UNITED STATES

Filed 03/27/2006
Motion to Dismiss for Lack of Jurisdiction; RCFC 56; Search of Impounded Vehicle for Resale; Breach of Contract; "As Is" Clause; Breach of Implied Covenant of Good Faith and Fair Dealing; Whether Failure Adequately to Search Vehicle Constitutes Breach of Contract; Damages Available for Breach;
Third-Party Beneficiary Signed by Judge Hewitt.

99-609V • VERA ANALLA, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/23/2006
National Vaccine Injury Compensation Program; Causation in Fact; Burden of Proof; Medical Evidence Signed by Judge Wheeler.

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