USCFC General Jurisdiction-Reported

Indian Trust Claim; Application of Confederated Tribes of the Warm Springs Reservation v. United States to Claims for Damages for Breach of Trust Obligations Signed by Judge Hewitt.

Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 § 12; 110 Stat. 3870, 3874; Administrative Procedure Act, 5 U.S.C. § 706(2)(A); Administrative Record; Bid Protest Jurisdiction, 28 U.S.C. § 1491(b)(1); Federal Acquisition Regulations, 48 C.F.R. §§ 12.602(a), 15.209(a)(2), 15.206(d), 15.305(a), 42.1503(b), 52.215-1(c)(9); 10 U.S.C. § 2305(b)(1)Intervenor Standing, RCFC 24(a)(2); Judgment on the Administrative Record; RCFC 52.1(c); Post Award Bid Protest; Standing, 28 U.S.C. § 1491(b)(1); Savannah Ga. Zoning Regulations §§ 8-3002, 8-3025(b)(10n)(a-e) Signed by Judge Braden.

Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Money-Mandating Source of Law; Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2006); Fifth Amendment Takings Claim Signed by Judge Bush.

Breach of Express Contract; Contract Disputes Act, 41 U.S.C. §§ 601–613; Summary Judgment, RCFC 56(c); Foreign Law, RCFC 44.1; Interest on a Judgment, 28 U.S.C. § 2516(a); Attorney’s Fees; Equal Access to Justice Act, 28 U.S.C. § 2412; Motion to Amend Complaint, RCFC 15(a). Signed by Judge Futey.

Alaska Native Allotment; Damages for Breach of Trust; Property Valuation Signed by Judge Firestone.

Indian monetary claims based upon the Sioux Treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863, and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; subject matter jurisdiction based upon the Indian Tucker Act, 28 U.S.C. § 1505; amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); applicability of Indian Trust Accounting Statute to toll statute of limitations; partial summary judgment Signed by Judge Lettow.

Cross-Motions for Summary Judgment; Breach of Contract; Ambiguity; Contra Proferentem Signed by Judge Horn.

Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Motion to Dismiss; RCFC 12(b)(6); Motion for Preliminary Injunction; RCFC 9(k); Military Retirement Pay; 10 U.S.C. § 1174; Special Separation Benefit; 10 U.S.C. § 1174a; Judgment Upon the Administrative Record; RCFC 52.1 Signed by Judge Sweeney.

Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

Fifth Amendment Taking; Motion for Judgment on the Pleadings; Rule 12(c); Standing; Jurisdiction; Rule 12(b)(1); Distinction Between Motion for Judgment on the Pleadings and Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Williams.

Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Taking; Inverse Condemnation; Physical Taking; Regulatory Taking; Temporary Taking; Partial Taking; Distinction between Taking and Tort; Sufficiency of Pleadings; Just Compensation; Fair Rental Value. Signed by Judge Williams.

Post-award bid protest, 28 U.S.C. § 1491(b)(1) (2006); supplementation of administrative record with documents that protester contends contracting officer should have considered in making responsibility determination; inclusion of Government Accountability Office decision and record before the GAO in the administrative record, 31 U.S.C. § 3556 (2006); RCFC App. C ¶¶ VII. 22(u), 23. Signed by Judge Miller, C..

Relevance of the Prison Litigation Reform Act to a state prisoner’s request to file a complaint in forma pauperis; 28 U.S.C. § 1915; inapplicability of the three-strike rule; 28 U.S.C. § 1915(g); absence of a certified trust fund account statement; 28 U.S.C. § 1915(a)(2); frivolous claims Signed by Judge Lettow.

Takings claim arising from government’s removal of clay From plaintiff’s property to repair levees damaged by Hurricane Katrina; motion to dismiss; RCFC 12(b)(6); motion to stay Signed by Judge Lettow.

Motion for Reconsideration; Jurisdiction; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Performance Evaluation; Definition of Claim; Intent to Assert a Claim; Facts Surrounding Purported Assertion of a Claim; Reflectone; Transamerica Insurance Corp. Signed by Judge Sweeney.

Authority to Contract; Breach of Express or Implied-In-Fact Contract; Contract Disputes Act, 41 U.S.C. §§ 601-613; Marine Corps Order P7010.20 ¶ 1004-1; Motion For Summary Judgment,RCFC 56(c); Privity of Contract; Standing Signed by Judge Braden.

Substitution of Chapter 11 Plan Trustee as Plaintiff under Rule 25 of the Rules of the United States Court of Federal Claims Signed by Judge Hewitt.

National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 - 300aa-34 (2006); petition for review; dismissal ordered by special master for failure to comply with an order requiring supple- mentation of expert opinion; relaxed adversarial system under Vaccine Act; whether § 300aa-12(d)(3)(B) authorizes fact finding by special master without submissions by both parties; review by United States Court of Federal Claims. Signed by Judge Miller, C..