USCFC General Jurisdiction-Reported

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98-797V • TODD NILSON, Parent and Legal Guardian of JOSEPH EDWARD NILSON, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SE

Filed 02/07/2006

TODD NILSON,   Parent and Legal Guardian of JOSEPH EDWARD NILSON, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (98-797V)

Vaccine Case; Table Injury;
42 U.S.C. § § 300aa-10 to-34; Encephalopathy; Burden of Proof; Factors Unrelated;
Standard of Review;
Credibility Determination

Signed by Judge Hodges.

05-143C • ERNEST LONG, et al., v. THE UNITED STATES

Filed 02/03/2006
Waiver of FLSA rights; Waivers must be explicit, clear and unmistakable; Under appropriate circumstances, private sector employment cases may be used as persuasive authority in the federal sector employment context Signed by Judge Damich.

05-174C • JOHN P. LAWRENCE, v. THE UNITED STATES

Filed 02/01/2006
Subject-Matter Jurisdiction; Government Overpayment of Living Quarters Allowance; Waiver of Debt; Exaction;
Fifth Amendment Taking Signed by Judge Williams.

05-507C • CRAIG-BUFF LIMITED PARTNERSHIP, a Nevada Limited Partnership, v. THE UNITED STATES

Filed 02/01/2006
Summary judgment; implied contract arising out of government loan guarantee;
lack of jurisdiction over claims of detrimental reliance and promissory estoppel; dismissal for lack of jurisdiction Signed by Judge Merow.

99-279C • MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

Filed 02/01/2006

MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

 (No. 99-279C (Consolidated With Nos. 99-529C, 99-530C, 00-531C, 03-1537C)

Contract Disputes Act,
41 U.S.C. § 609(d);
Discovery; Jurisdiction;
Motion to Transfer and Consolidate; RCFC 26(c);
Stay

Signed by Judge Braden.

00-644C • WILLIAM A. CLARK, et al., v. THE UNITED STATES

Filed 02/01/2006
Motion for summary judgment military pay; service secretary; correspondence courses; Air National Guard; Army National Guard; 37 U.S.C. § 206; 32 U.S.C. § 502(f); 10 U.S.C. § 10107; statutory interpretation; equivalent training Signed by Judge Damich.

01-249C • TENNESSEE VALLEY AUTHORITY, v. THE UNITED STATES

Filed 01/31/2006
Breach of standard contract for disposal of spent nuclear fuel; damages; mitigation; Restatement (Second) of Contracts § 350; scope of relief available for sequential partial breaches Signed by Judge Lettow.

04-1455C • SHONDA SCOTT HILLENSBECK and SAMANTHA SCOTT, v. THE UNITED STATES

Filed 01/31/2006
Accrual of Interest; Bureau of Justice Assistance; Motion for Judgment on the Administrative Record, RCFC 56.1; "Public Safety Officer," 42 U.S.C. § 3796b(8)(A); Public Safety Officers' Benefits Act, 42 U.S.C. § § 3796, et seq.; Remand;
Standing; Statute of Limitations, 28 U.S.C. § 2501; "Student," 5 U.S.C. § 8101(17) Signed by Judge Braden.

04-1511C • LUCENT TECHNOLOGIES INC., v. THE UNITED STATES

Filed 01/31/2006
Consolidation;
RCFC 42(a) Signed by Judge Braden.

04-1512C • AT&T CORP., v. THE UNITED STATES

Filed 01/31/2006
Consolidation;
RCFC 42(a) Signed by Judge Braden.

05-216C • JERRY C. MILLS d/b/a JCM TIMBER COMPANY, v. THE UNITED STATES

Filed 01/31/2006
Contract Disputes Act,
41 U.S.C. § § 601, et seq.;
Contract Modification;
Motion for Summary Judgment, RCFC 56(c);
Small Business Act, 15 U.S.C. § § 631-651 Signed by Judge Braden.

98-726C, 98-726-2C through 98-726-14C and 04-1299C and 04-1317C • GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

Filed 01/31/2006

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES  

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Standing; Real party in interest; Substitution under RCFC 17(a)

Signed by Judge Damich.

98-726C, 98-726-2C through 98-726-14C and 04-1299C and 04-1317C • GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

Filed 01/31/2006

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Substitution under RCFC 25(a) and 17(b); Timeliness;
Formal suggestion of death; In order for distributees to act as substitutes estate must be fully distributed;
Personal representative may act as substitute under Wyoming law

Signed by Judge Damich.

03-2258C • AT&T CORP., v. THE UNITED STATES

Filed 01/31/2006
Consolidation;
RCFC 42(a) Signed by Judge Braden.

00-705C • THE BOEING COMPANY, v. THE UNITED STATES

Filed 01/31/2006
Trial; Alleged infringement of patent by NASA in developing super lightweight external tank for Space Shuttle; Claim construction; Phillips; "predetermined underaged strength level"; "less than 300o F"; Validity of patent; Anticipation; Obviousness; Graham factors; Terminal Disclaimer; Infringement; Addition of silver; Temperature; External tank infringes Boeing patent; No license Signed by Judge Allegra.

05-370C • ADRIAN RODRIGUEZ and ALI JAZMIN RODRIGUEZ, v. THE UNITED STATES

Filed 01/30/2006
Sale on behalf of the Customs Service of a seized vehicle containing hidden drugs; alleged breach of contract; motion to dismiss; subject matter jurisdiction; standing; privity of contract; third party beneficiary; implied warranty; covenant of good faith and fair dealing Signed by Judge Lettow.

04-10C • ENERGY NORTHWEST, v. THE UNITED STATES

Filed 01/30/2006
Spent Nuclear Fuel (SNF); Nuclear Waste Policy Act; Standard Contract; Contract Liability; Rate of Acceptance; Pre-Breach Mitigation Damages; Unavoidable Delay Signed by Judge Damich.

92-675L • CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION, v. THE UNITED STATES

Filed 01/26/2006
Indian Tucker Act; 28 U.S.C. §1505 (2000); Whether Interest Accrues on Judgment Funds; 25 U.S.C. § § 161a, 162a, 162a(a); Creation of Trust Funds in the Treasury by Permanent Appropriation Repeal Act of 1934, ch. 756, 48 Stat. 1224 (codified as amended at 31 U.S.C. § 1321 (2000); Statute of Limitations Applicable to Claims for Losses to or Mismanagement of Trust Funds; Consolidated Appropriations Act of 2005, Pub. L. No. 108-447, 118 Stat. 2809; Motion for Class Certification; Determination that Plaintiffs Are an "identifiable group of American Indians" Entitled to Bring Suit under 28 U.S.C. § 1505; RCFC 1, RCFC 15, RCFC 23, RCFC 83(b) Signed by Judge Hewitt.

consol. w/04-75C • PACIFIC GAS AND ELECTRIC COMPANY, v. THE UNITED STATES (04-74C

Filed 01/25/2006
Motion to Compel the Production of Documents and Testimony Withheld as Privileged; Attorney-Client Privilege; Whether Description in Privilege Log is Sufficient to Invoke Attorney-Client Privilege; Work Product Doctrine; Whether Documents Prepared for Regulatory Proceedings were Prepared In Anticipation of Litigation;
Whether the Work Product Doctrine Applies to Certain Responses to Deposition Questions Signed by Judge Hewitt.

94-58V • BARBARA SNYDER, deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 01/24/2006
Substitution of Party; Death of Petitioner; RCFC 25(a)(1) Signed by Judge Wheeler.

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