USCFC General Jurisdiction-Reported

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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..

95-498C • AMERICAN FEDERAL BANK, FSB, v. UNITED STATES OF AMERICA

Filed 09/01/2006
Trial on damages in Winstar-related case; expectancy damages; cost of replacement capital; incidental losses; tax
gross-up; motion for costs under RCFC 37 Signed by Judge Lettow.

96-408C • INNOVAIR AVIATION, LTD, v. UNITED STATES OF AMERICA

Filed 08/31/2006
Fifth Amendment, Takings, In rem forfeitures Signed by Judge Smith.

06-149T • TIMOTHY THORNDIKE, and BEVERLY BARTLETT, v. UNITED STATES OF AMERICA

Filed 08/31/2006
Anti-Injunction Act, 26 U.S.C. § 7421; Interlocutory Review, 28 U.S.C. § 1292(d)(2); Motion for Reconsideration, RCFC 59;
Pro Se Signed by Judge Braden.

94-785C • NEW VALLEY CORP., v. UNITED STATES OF AMERICA

Filed 08/30/2006
Contract Damages:
Direct Damages - the value of the performance promised. The holder of an assignable contract for satellite launch services may recover as direct damages for a breach of that contract the value of the contract as established by its hypothetical sale, less the holder's actual contract price. The gain realized upon the sale is not a profit but instead is part of the actual value of the performance promised.
Consequential Damages - assets whose value is dependent upon the performance promised. Diminution in value of a communication satellite due to a breach of a launch contract constitutes a consequential damage. Signed by Judge Wiese.

95-829C • STERLING SAVINGS ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 08/30/2006
Winstar case; Assumption of Risk of Regulatory Changes;
Motion for Reconsideration;
Summary Judgment on Liability Signed by Judge Wheeler.

02-465C • LA GLORIA OIL AND GAS COMPANY, v. UNITED STATES OF AMERICA

Filed 08/28/2006
Summary Judgment; Motion to Dismiss; Motion to Permit Discovery Pursuant to Rule 56(f) of the Rules of the Court of Federal Claims (RCFC); Legality of Basing Contract Price Adjustment Clauses on Indexes Rather Than the Contractor's Own Prices; Legality of Basing Contract Price Adjustment Clauses on the Petroleum Marketing Monthly and Platts Oilgram Report; Whether Federal Acquisition Regulation (FAR) § 15.402 Provides a Cause of Action to Contractors; Whether the Court of Federal Claims Has Jurisdiction Over an Equal Protection Claim in This Non-Bid Protest Context; Whether the Court of Federal Claims Has Jurisdiction Over Implied-in-Fact Contract Claims of a Successful Bidder Concerning the Contract Price; Misrepresentation; Breach of Contract; Breach of the Implied Covenant of Good Faith and Fair Dealing; Failure of Consideration and Frustration of Purpose; Mistake; Implied-in-Fact Contract; Whether a Takings Claim May Be Maintained When a Contract Exists; Waiver; Estoppel   Signed by Judge Hewitt.

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

Filed 08/25/2006
Term Special Use Permit; Equitable Consideration for Permit Termination; Contract Disputes Act; Taking Signed by Judge Merow.

06-498C • MICRODYNE OUTSOURCING, INC., a subsidiary of L-3 COMMUNICATIONS CORPORATION, v. UNITED STATES OF AMERICA

Filed 08/25/2006
Post-Award Bid Protest; Negotiated Procurement; Best Value Determination; 10 U.S.C. § 2305(b)(1); 41 U.S.C. § 253b(a); FAR 15.304(d); Cost/Technical Tradeoff; Undisclosed Evaluation Criterion; Revising Source Selection Document Does Not Prove Pretextual Award; Duty to Conduct Fair Procurement; No Prejudicial Error SYSTEMS CORP., in Procurement; Cross-motions For Judgment on Administrative Defendant-Intervenor. Record (Rule 52.1)   Signed by Judge Hodges.

89-218L • THE CHEROKEE NATION OF OKLAHOMA, v. UNITED STATES OF AMERICA

Filed 08/24/2006
Motion to Dismiss; 25 U.S.C. § 1779e; Attorneys' Fees; Money-Mandating Statute; Law of the Case; Motion for Summary Judgment; Statutory Interpretation; Rule of the Last Antecedent; Indian Canon of Construction Signed by Judge Damich.

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

Filed 08/23/2006
Winstar; Hearsay; Admission by Party Opponent; Federal Rule of Evidence 801(d)(2); Proof of Agency Signed by Judge Williams.

05-1229C • KSD, INC., v. UNITED STATES OF AMERICA

Filed 08/23/2006
Pre-Award Bid Protest; Motion to Dismiss; Interested Party; Sole Source Award; Injunctive Relief Signed by Judge Horn.

06-555C • DONALD CARLOS RUTLEDGE, v. UNITED STATES OF AMERICA

Filed 08/22/2006
Pro Se Plaintiff; Tort and Due Process Claims; Frivolous Complaint; Sanctions Signed by Judge Horn.

04-1365 • CHEVRON U.S.A., INC., v. UNITED STATES OF AMERICA

Filed 08/22/2006
Attorney Client Privilege;
Attorney-Work Product Privilege; Deliberative Process Privilege Signed by Judge Braden.

03-2684L & 01-568L • SHELDON PETERS WOLFCHILD, et al., v. UNITED STATES OF AMERICA

Filed 08/22/2006
Tucker Act; 28 U.S.C. § 1491(a)(1); Indian Tucker Act, 28 U.S.C. § 1505; Indian trust claims based upon the Appropriation Acts for the Department of Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; ntervention, RCFC 24(a); notice; reconsideration on retransfer of claims originally filed in the District Court for the District of Minnesota; consolidation; RCFC 42; issuance of summons pursuant to 41 U.S.C. § 114(b); sovereign immunity of Indian communities as compared to tribes or bands; principles of agency under the Restatement (Second) of Agency Signed by Judge Lettow.

95-468C • ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 08/22/2006
Winstar Damages; Summary Judgment; Expectancy Damages; Restitution; Reliance Damages; Genuine Issues of Material Fact Signed by Judge Wheeler.

01-495C • KENT CHRISTOFFERSON, et al., v. UNITED STATES OF AMERICA

Filed 08/22/2006
Civilian Pay; FLSA and FEPA Overtime Pay; Tolling of FLSA' s Limitations Period Signed by Judge Bruggink.

06-498C • MICRODYNE OUTSOURCING, INC., a subsidiary of L-3 COMMUNICATIONS CORPORATION, v. UNITED STATES OF AMERICA

Filed 08/11/2006
Bid Protest; Standing; "Interested Party"; RCFC 12(b)(6); Conflict of Interest Signed by Judge Hodges.

05-1202T • WILLIAM A. FRY, v. UNITED STATES OF AMERICA

Filed 08/11/2006
Bill of Attainder, U.S. CO NST . art. I, § 9, cl. 3; Contracts Clause, U.S. CO NST . art. I, § 10, cl. 1; Due Process Clause, U.S. CO NST. amend V; Federal Tort Claims Act, 28 U.S.C. § 1346(b); Illegal Exaction; Just Compensation Clause, U.S. CONST. amend V;
Motion to Dismiss, RCFC 12(b)(1); Pro Se; Tax Refund;
Tucker Act, 28 U.S.C. § 1491; 26 U.S.C. § § 6331, 7422, 7429; 28 U.S.C. § § 1331, 1340 Signed by Judge Braden.

06-467C • A&D FIRE PROTECTION, INC., v. UNITED STATES OF AMERICA

Filed 08/10/2006
Bid Protest; Task Order Post- Award Challenge; 28 U.S.C. §1491(b) (2000); 41 U.S.C. §253j(d) (2000); 48 C.F.R. §16.505(a)(9) (2005); Statutory Bar on Bid Protests of Task Orders; No Standing for a Bidder Who Failed to Submit the Required Bid Bond Signed by Judge Bush.

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