USCFC General Jurisdiction-Reported

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05-1380C • MAGIC BRITE JANITORIAL, v. UNITED STATES OF AMERICA

Filed 09/25/2006
Post-award bid protest; judgment on the administrative record; Javits-Wagner-O'Day Act, 41 U.S.C. § § 46-48c; decision not to exercise option; SBA section 8(a) set-aside program; standing; equitable wage determination adjustments Signed by Judge Wolski.

06-425C • INTERSPIRO, INC.,and SCOTT TECHNOLOGIES, INC., d/b/a/ SCOTT HEALTH & SAFETY, v. UNITED STATES OF AMERICA

Filed 09/25/2006
Bid Protest; Evaluation of Proposals; Warranties; Evaluation of Risk Signed by Judge Firestone.

99-550L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. UNITED STATES OF AMERICA

Filed 09/21/2006
Indian Trust Claim; Trial; Alleged Failure to Collect Payments Due Under Oil and Gas Leases; Alleged Failure to Invest Tribal Income in Accordance with Law; Act of June 28, 1906, ch. 3527, 34 Stat. 539; 25 U.S.C. § 161a; 25 U.S.C. § 162a(a) Signed by Judge Hewitt.

05-558L • WESTERN SHOSHONE NATIONAL COUNCIL, et al., v. UNITED STATES OF AMERICA

Filed 09/19/2006
Motion to Dismiss, RCFC 12(b)(1); RCFC 12(b)(6); RCFC 60(b), 60(b)(4); Indian Claims Commission Act (ICCA);
Finality Provisions; 25 U.S.C. § 70u (1976) 25 U.S.C. § 70k (1976); ICCA § 22; Aboriginal Title; Treaty of Ruby Valley; 28 U.S. C. § 2501 (2000) Signed by Judge Smith.

98-720C • PRECISION PINE & TIMBER, INC., v. UNITED STATES OF AMERICA

Filed 09/19/2006
Timber sale contracts, suspensions, lost profits, independent and collateral undertakings, subject matter of the contract, foreseeability at time of contracting, availability of cover, partial breach, delayed delivery, election, waiver, expectancy damages, lost volume seller, burden of proof, offset of profits on previously suspended sales, lost
production opportunity, "hole in the profit pipeline", additional timber sale contracts, full operating capacity, ability to sell additional lumber, profitability of additional sales Signed by Judge Miller, G..

05-1342C • INFORMATION SCIENCES CORP., v. UNITED STATES OF AMERICA

Filed 09/19/2006
Administrative Procedure Act; 5 U.S.C. § § 701, et seq.; Intervenor as a Matter of Right, RCFC 24(a);
Jurisdiction; Motion for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); Price Realism Analysis;
48 C.F.R. § § 15.208, 15.305(a), 15.306(c), 15.308, 15.404-1 Signed by Judge Braden.

02-746X • SARABETH M. DAVIS, ROBERT S. BORDERS, VICTOR MARON, IRVING BERKE, and ADELE E. CONRAD, v. UNITED STATES OF AMERICA

Filed 09/15/2006
Congressional Reference Case; Effect of Army's AICUZ Study on Sale of Property Near Military Airfield; Absence of Causation; Summary Judgment Signed by Judge Wheeler.

05-1208C • ROBERT L. LOEH, v. UNITED STATES OF AMERICA

Filed 09/15/2006
Punitive Discharge; Military Retirement; Court Martial; Failure to State a Claim Signed by Judge Firestone.

02-1367C • CONOCOPHILLIPS, CONOCO, INC., and PHILLIPS PETROLEUM COMPANY, v. UNITED STATES OF AMERICA

Filed 09/12/2006
Contracts-Economic Price Adjustment Clauses:
(1) The government's use of the Petroleum Marketing Monthly ("PMM") as a basis for its economic price adjustments satisfies the legal requirement that economic price adjustment clauses be market based; a PMM-based economic price adjustment clause is thus a legitimate and enforceable contract term.
(2) In the absence of any evidence that the parties misapprehended the source data reported by the PMM or the manner in which it would be applied as a reference guide in the adjustment of contract prices, plaintiffs have failed to assert a viable claim for misrepresentation, mistake, failure of consideration, or frustration of purpose. Federal Acquisition Regulation (FAR) § 15.802(b) (currently codified at FAR § 15.402(a)): The directive that a contracting officer purchase supplies and services at prices that are "fair and reasonable" does not create a judicially enforceable right in the contractor. Fifth Amendment Takings: A plaintiff may not pursue a contract-based takings claim where it has available to it a contractual remedy. Equal Protection: An alleged equal protection violation affecting the bidding process, while actionable in this court, may only be remedied through the court's injunctive authority and not through a claim for damages or restitution. Waiver: A plaintiff may not pursue a claim more than seventeen years after the first injury should have come to light Signed by Judge Wiese.

03-289C • UNITED MEDICAL SUPPLY COMPANY, INC., v. UNITED STATES OF AMERICA

Filed 09/08/2006
Document preservation order; Pueblo of Laguna; Authority to issue order under RCFC 16(c) and 26(c), as well as the court' s inherent authority; Preservation order necessary, owing to defendant's loss or destruction of potentially
relevant evidence; Preservation order, largely proposed by parties, not unduly burdensome;
Preservation order issued Signed by Judge Allegra.

03-1444C • J. LEONARD SPODEK, ROSALIND T. SPODEK, and NATIONWIDE POSTAL MANAGEMENT, v. UNITED STATES OF AMERICA

Filed 09/08/2006
United States Postal Service; Lease Agreement; Breach of Contract; Mutual Breach; Mitigation of Damages; Apportionment of Damages Signed by Judge Horn.

04-1210C • OSI, INC., v. UNITED STATES OF AMERICA

Filed 09/08/2006
Jurisdiction; 28 U.S.C. § 1500; Contamination; Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § § 9601-9675; Fifth Amendment Taking Signed by Judge Williams.

00-617C • CHARLES CARLSEN, et al., v. UNITED STATES OF AMERICA

Filed 09/07/2006
Motion for Summary Judgment; Overtime Pay; Federal Employees Pay Act; 5 U.S.C. § 5542; 5 C.F.R. § 550.111; Written Orders for Overtime Signed by Judge Bruggink.

03-446C • LEROY BISHOP, et al., v. UNITED STATES OF AMERICA

Filed 09/07/2006
Partial Summary Judgment; Overtime Pay; Federal Employees Pay Act, 5 U.S.C. § 5542; 5 C.F.R. § 550.111; Written Orders for Overtime Signed by Judge Bruggink.

03-288C • CHEVRON U.S.A. INC., TEXACO INC., and TEXACO DOWNSTREAM LLC, v. UNITED STATES OF AMERICA

Filed 09/07/2006
RCFC 56(f); continuance to permit additional discovery to respond to motion for summary judgment Signed by Judge Damich.

02-784C • CHARLES BICE, Executor of the Estate of MARTHA BICE, v. UNITED STATES OF AMERICA

Filed 09/06/2006
Public Safety Officers' Benefits Act, 42 U.S.C. § 3796, et seq.; "Direct and Proximate Cause"; "Substantial Factor"; Carbon Monoxide Inhalation; Preexisting Condition; Prima Facie Case; Reasonable Doubt Rule, 28 C.F.R. § 32.4; Expert Opinion; Law of the Case: Agency Failure to Comply with Remand Instructions Signed by Judge Baskir.

04-1390C • NATIONAL AMERICAN INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 09/06/2006
Motion to dismiss; Cross-motions for summary judgment; Surety with payment bond; Doctrine of subrogation; Dicta in
Insurance Co. of the West conflicts with prior binding precedent and will not be followed; Tucker Act covers damages claim arising where payment bond surety pays subcontractors; Defendant liable where, after receiving notice from surety, it disburses funds to contractor Signed by Judge Allegra.

03-2430L • RALPH C. INGRAM, JR., ET AL. v. UNITED STATES OF AMERICA

Filed 09/05/2006
Fifth Amendment Takings; Flooding; Elevated Groundwater; Seepage and Drainage Problems; Causation. Signed by Judge Firestone.

06-290C • CINDY MICHELS, et al., v. UNITED STATES OF AMERICA

Filed 09/01/2006
 Fifth Amendment; taking; illegal exaction; RCFC 12(b)(6); Intellectual Property Clause, U.S. CONST. Art. I,
§ 8, Cl. 8; patents; patent fees Signed by Judge Miller, G..

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