USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-1167C • ADVANCED SYSTEMS TECHNOLOGY, INC., v. THE UNITED STATES

Filed 01/23/2006
Pre-award Bid Protest; Jurisdiction; Justiciability;
Standing; Administrative Procedure Act; 5 U.S.C. § 555(b);Small Business Administration Office of Hearings and Appeals; North America Industry Classification System (NAICS) Codes; Preliminary Injunction Signed by Judge Williams.

03-30C • PR CONTRACTORS, INC., v. THE UNITED STATES

Filed 01/20/2006
Contract Disputes Act, 41 U.S.C. § 601 et seq.; Motion In Limine; FED. R. EVID. 1006 Signed by Judge Williams.

99-4451L • JOHN H. and MARY E. BANKS, et al., v. THE UNITED STATES

Filed 01/19/2006
Takings; Motion for Partial Summary Judgment; Erosion of Shoreline Property; Blocking by the Government of Littoral Drift of Sand; Whether the Government May Be Liable for Any Erosion Caused by Plaintiffs' Efforts to Mitigate Damages by Placing Shore Protection Structures on Their Properties; Section 10 of the River and Harbor Act of 1899 Signed by Judge Hewitt.

05-571C • CC DISTRIBUTORS, INC., v. THE UNITED STATES

Filed 01/19/2006
Post-award bid protest; Simplified Acquisition Procedures; FAR § 13.106-3; Responsibility Determination Signed by Judge Firestone.

05-1130C • REGINALD HILL, v. THE UNITED STATES

Filed 01/19/2006
Back Pay Act, Civil Service Reform Act, motion to dismiss, pro se plaintiff, subject matter jurisdiction, transfer, motion for reconsideration Signed by Judge Wheeler.

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

Filed 01/19/2006
Post-award bid protest; motion for a preliminary injunction; Javits-Wagner-O'Day Act, 41 U.S.C. § § 46-48c; insufficient showing of likelihood of success Signed by Judge Wolski.

03-1751C • BANNUM, INC. v. THE UNITED STATES

Filed 01/18/2006
Contracts; post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); remand; fact-finding re: scoring on past-performance evaluations; challenge to Contractor Evaluation Forms; 48 C.F.R. (FAR) § § 15.306, 15.308, 42.1503, 2842.1503 (2003);
jurisdiction to challenge terms of solicitation Signed by Judge Miller, C..

05-399C • RICHARD L. SCHNELLE, v. THE UNITED STATES

Filed 01/17/2006
Settlement Agreement Under Title VII of the Civil Rights Act of 1964; Jurisdiction; Money Mandating Signed by Judge Firestone.

05-1167C • ADVANCED SYSTEMS TECHNOLOGY, INC., v. THE UNITED STATES

Filed 01/13/2006
Amicus Curiae;
RCFC Rule 83.1(c)(8) Signed by Judge Williams.

04-1665C • NOVA CASUALTY COMPANY, v. THE UNITED STATES

Filed 01/12/2006
Motions to dismiss; subject matter jurisdiction; suretyship; performance and payment bonds under the Miller Act; renovation and repairs of a U.S. Coast Guard light tower; equitable subrogation; sovereign immunity; necessity of notice to the government to stop payment to the contractor Signed by Judge Lettow.

04-300C • DANIEL P. WISOTSKY, v. THE UNITED STATES

Filed 01/12/2006
Military Pay; Cross-Motions for Judgment upon the Administrative Record;
Involuntary Discharge from the Military; Improperly Constituted Board of Inquiry;
Board for Correction of Naval Records; Harmless Error versus Fundamental Error Signed by Judge Horn.

04-1726T • EUGENE A. FISHER, Trustee, SEYMOUR P. NAGAN IRREVOCABLE TRUST, for itself and, as Representative of all similarly situated taxpa

Filed 01/06/2006

EUGENE A. FISHER, Trustee, SEYMOUR P. NAGAN IRREVOCABLE TRUST, for itself and, as Representative of all similarly situated taxpayers, v. THE UNITED STATES
(04-1726T)

Class certification, tax refund, conversion of mutual life insurance company to stock company, demutualization, numerosity, impracticability of joinder, adequacy of representation, predominance of common questions of fact or law, superiority of class action, opportunity to present additional facts under Rule 23(c)(1)(C), renewed motion for class certification

Signed by Judge Miller, G..

04-856C • WALTER JAYNES, ET AL., v. THE UNITED STATES

Filed 01/05/2006
Motion for reconsideration of order denying class certification, class action, Rule 23(a), numerosity, impracticability of joinder, Rule 23(b)(2), predominance of common questions of law or fact, superiority of class action, 28 U.S.C. § 1292(d)(2), certification of order for interlocutory appeal to the Federal Circuit, interlocutory appeal of order denying class certification, relevance of Fed. R. Civ. P. 23(f) to § 1292(d)(2) certification Signed by Judge Miller, G..

04-1691C • JOHNNY DUNCAN v. THE UNITED STATES

Filed 01/05/2006
Motion to Dismiss, Lack of Subject Matter Jurisdiction, RCFC 12(h)(3); Tucker Act Jurisdiction; Fifth Amendment Due Process Claim; Military Review Board Unfettered Discretion; Arbitrary, Capricious, Contrary to Law, or Unsupported by Substantial Evidence; Res Judicata; Disability and Severance Pay, 10 U.S.C. § § 1201-21 (2000); Military Pay Act, 37 U.S.C. § 204 (2000); Petition for Writ of Mandamus Signed by Judge Smith.

03-2190V • ERIKA PAULMINO, by Her Father and Next Friend, ALAN PAULMINO, v. SECRETARY OF THE DEP OF HEALTH AND HUMAN SERVICES

Filed 12/30/2005
National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.; Causation in Fact; Burden of Proof; Prima Facie Case; Medical Evidence; Remand Signed by Judge Williams.

01-664T • GENERAL DYNAMICS CORPORATION AND AFFILIATED CORPORATIONS, v. THE UNITED STATES

Filed 12/30/2005
Tax Refund Claim; Completed Contract Method of Accounting; Time of Contract Completion; Change in Method of Accounting Signed by Judge Merow.

92-620C • HOME SAVINGS OF AMERICA, F.S.B., and H.F. AHMANSON & CO., v. THE UNITED STATES

Filed 12/30/2005
Winstar; Finality of Partially Affirmed Judgment; Enforcement of Partial Judgment Signed by Judge Bruggink.

05-0757V • LORI REED, as next friend of her son, RYAN REED, v.SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/30/2005
Statute of limitations;
Equitable Tolling;
Manifestation of Onset Signed by Judge Bruggink.

03-2263C • DEMARCO DURZO DEVELOPMENT CO., v. THE UNITED STATES

Filed 12/29/2005
Breach of Contract;Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Deficiency in Certification; Just Compensation Clause of the Fifth Amendment to the United States Constitution; RESTATEMENT (SECOND) OF CONTRACTS
§ § 58-59 (1981); RCFC 56(c)-Summary Judgment Signed by Judge Braden.

93-648X • LAND GRANTORS IN HENDERSON, UNION and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS, v. THE UNITED STATES

Filed 12/29/2005
RCFC 20(a), Joinder; RCFC 23, Class Action Signed by Judge Braden.

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