USCFC General Jurisdiction-Reported

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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.

05-1203C • BLUE & GOLD FLEET, LP, v. THE UNITED STATES

Filed 03/22/2006
Pre-award protest; 28 U.S.C. § 1491(b)(1) (2000); judgment on the administrative record; reasonableness of agency action; injunctive relief Signed by Judge Miller, C..

95-660C, 95-797C & 95-7971C • BANK OF AMERICA, FSB, v. THE UNITED STATES

Filed 03/21/2006

Contract Damages:

The cost to a thrift of retaining earnings as measured by the dividends paid is not recoverable where the cost of retaining the earnings is exceeded by the benefits associated with them. A thrift's transfer of a portion of a real estate portfolio to a partnership in which a shareholder plaintiff held an ownership stake constitutes a dividend and is thus compensable as a cost to the thrift. Plaintiff may apply for Rule 60(b) relief in the event its damages award is found to be taxable

Signed by Judge Allegra.

05-607C • UNITED ENTERPRISE & ASSOCIATES, v. THE UNITED STATES

Filed 03/21/2006
Post-Award Bid Protest; 28 U.S.C. § 1491(b); Sole Source Award Under SBA 8(a)Program; 15 U.S.C. § 637(a); Supplementation of the Administrative Record; Standing; Laches; Arbitrary and Capricious Standard of Review; Responsibility Determination; 13 C.F.R. § § 124.5, 124.502, 124.503, 124.506; 48 C.F.R. § 19.601; Certificate of Competency (COC); Whether COC Review is Required in a Sole Source 8(a) Program Procurement; 15 U.S.C. § 637(b)(7)(A) Signed by Judge Hewitt.

04-1574C & 05-582C • AVTEL SERVICES, INC., v. THE UNITED STATES

Filed 03/17/2006
Pre- and Post-Award Bid Protests; Disqualification of Offeror; Bias; Price Analysis; Injunctive Relief Signed by Judge Horn.

02-1278T • PRINCIPAL LIFE INSURANCE COMPANY and SUBSIDIARIES, v. THE UNITED STATES ERRATA

Filed 03/17/2006
Tax refund suit; Trial; Treatment of installment obligations under 26 U.S.C. § § 453, 453A, 453B; Substance over form; Transfer to subsidiary; Sale versus 26 U.S.C. § 351 contribution to capital;
Multi-factored analysis applied; Taxpayer characterization upheld; Payment to state insurance guaranty associations; What is a "tax" under 26 U.S.C. § 164?; Payments to state guaranty association, not a tax, but a regulatory fee Signed by Judge Allegra.

04-1731C • ARMOUR OF AMERICA, v. THE UNITED STATES

Filed 03/17/2006
Intervention as a matter of right; RCFC 24(a)(2); trade secret; proprietary information Signed by Judge Damich.

05-1170C • HIREL CONNECTORS, INC., A California Corporation, v. THE UNITED STATES

Filed 03/15/2006
Jurisdiction; 28 U.S.C. § 1500; Dismissal Signed by Judge Merow.

05-921C • AMERICAN FLOOR CONSULTANTS AND INSTALLATIONS, INC., and CLAYTON W. KING., v. THE UNITED STATES

Filed 03/14/2006
Contracts; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); jurisdiction; agreement immunizing contractor, officers, and employees from prosecution in exchange for assistance in action to remove government employee; whether debarment, a civil proceeding, within scope of agreement Signed by Judge Miller, C..

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

Filed 03/14/2006
Motion to Compel Production of Documents Withheld Under the Deliberative Process Privilege; RCFC 37(a)(2); Scope of Privilege; Procedural Requirements for Invocation of Privilege; Failure to Meet Procedural Requirements for Invocation of Privilege Signed by Judge Hewitt.

05-602C • UNIVERSAL FIDELITY LP, v. THE UNITED STATES

Filed 03/13/2006
Equal Access to Justice Act, 28 U.S.C. § 2412; "Prevailing Party" Rule;
Buckhannon v. United States; Rice Services v. United States; Substantial Justification; Reasonableness of Fees;
Pre-litigation Expenses; Costs Signed by Judge Hodges.

91-1362C • ROCKWELL AUTOMATION, INC., v. THE UNITED STATES

Filed 03/10/2006
Motion for leave to file a second amended answer; affirmative defenses; counterclaim; motion to transfer and consolidate actions pending before the Department of Energy Board of Contract Appeals; recovery of additional award fees for work performed at Rocky Flats Nuclear Weapons Plant Signed by Judge Lettow.

06-108C • CIGNA GOVERNMENT SERVICES, LLC, v. THE UNITED STATES

Filed 03/10/2006
Post-award Bid Protest; Medicare Prescription Drug Improvement Modernization Act; Override of CICA Stay; Declaratory Judgment Signed by Judge Williams.

04-1255C • LUMBERMENS MUTUAL CASUALTY, v. THE UNITED STATES

Filed 03/03/2006
Motion to Compel Discovery;
Motion for Sanctions;
Monetary Sanctions; RCFC 45; Third-party Subpoenas Signed by Judge Hodges.

96-760C • NORTHROP GRUMMAN CORPORATION, MILITARY AIRCRAFT DIVISION, v. THE UNITED STATES

Filed 03/01/2006
Consolidation of ASBCA and Court of Federal Claims Cases, 41 U.S.C. § 609(d) Signed by Judge Horn.

05-1219C • SYSTEMS PLUS, INC., v. THE UNITED STATES

Filed 02/28/2006
Post-award bid protest; cross-motions for judgment upon the administrative record; standing; post-award, post-protest decision by Contracting Officer to disqualify the protestor from participating in any resolicitation that might be ordered by the court; organizational conflict of interest; variance between price evaluation actually conducted and that specified in the solicitation Signed by Judge Lettow.

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