USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-1130C • REGINALD HILL, v. THE UNITED STATES

Filed 12/29/2005
Back Pay Act, Civil Service Reform Act, motion to dismiss, pro se plaintiff, subject matter jurisdiction, transfer Signed by Judge Wheeler.

04-74C consolidated with 04-75C • PACIFIC GAS AND ELECTRIC COMPANY, v. THE UNITED STATES

Filed 12/22/2005
Discovery; Motion to Compel; RCFC 26; Whether Discovery is Allowed of Communications Between Parties that May or May Not Already be in the Possession of a Party Signed by Judge Hewitt.

98-726C, ETC., consolidated • GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, ET AL., v. THE UNITED STATES

Filed 12/21/2005
Statute of limitations under 28 U.S.C. § 2501; Failure to file within the limitations period does not remove the court's subject matter jurisdiction; Real party in interest under RCFC 17(a) Signed by Judge Damich.

05-454L • RANDY LEE HAMMITT and SANDRA MARIE HAMMITT, v. THE UNITED STATES

Filed 12/20/2005
Subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(1); Motion to Dismiss; Fifth Amendment to the U.S. Constitution; taking without just compensation; in rem forfeiture; Civil Asset Forfeiture Reform Act of 2000, 18 U.S.C. § 983; in personam forfeiture; review of district court decisions; timeliness; leasehold interest; power of eminent domain; police power Signed by Judge Baskir.

04-497C • JANELLE HOHNKE, v. THE UNITED STATES

Filed 12/20/2005
Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; overtime pay claim; bona fide dispute; unequal bargaining power; settlement agreement; accord and satisfaction; Civil Service Reform Act, 5 U.S.C. § 7101 et seq.; collective bargaining agreement; union representation; knowing and intelligent waiver; advice of counsel Signed by Judge Baskir.

93-763L • THE NAVAJO NATION, v. THE UNITED STATES

Filed 12/20/2005
Federal Circuit Remand; Trial Court Response; Indian Tucker Act; Compensable Trust; Coal Lease Royalties; Network of Statutes and Regulations; Waiver Doctrine in Appellate Practice Signed by Judge Baskir.

01-591L • KLAMATH IRRIGATION DISTRICT, ET AL., v. THE UNITED STATES

Filed 12/20/2005
Motion for interlocutory appeal or entry of judgment under RCFC 54(b); Final judgment rule; 28 U.S.C. § 1292(d)(2);Controlling question of law; Substantial grounds for difference of opinion;Whether certification would materially advance termination of litigation; Grounds for interlocutory appeal found lacking; RCFC 54(b) - directing entry of judgment on one or more claims; Entry of judgment would not promote efficient resolution of litigation; Motion denied Signed by Judge Allegra.

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

Filed 12/19/2005
Motion to intervene under RCFC 24(a)(2); Motion for attorney's fees; Jurisdiction under 25 U.S.C. § 1779e Signed by Judge Damich.

03-2684L • SHELDON PETERS WOLFCHILD, ET AL., v. THE UNITED STATES

Filed 12/16/2005
Motion for reconsideration; Tucker Act; 28 U.S.C. § 1491(a)(1); Indian Tucker Act, 28 U.S.C. § 1505; money-mandating duties; creation of a trust; Appropriation Acts for the Department of Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; motion to initiate a procedure for providing notice to potential plaintiffs; RCFC 14(b); implementation of responsibility to oversee joinder of additional parties in an orderly manner;   interpretation of Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989); limitations on participation of amici curiae; consideration of issuance of summons pursuant to 41 U.S.C. § 114 Signed by Judge Lettow.

05-606C • BOBBIE G. DE LEON, v. THE UNITED STATES

Filed 12/16/2005
28 U.S.C. § 1500; 28 U.S.C. § 1631; Title VII of the Civil Rights Act; Equal Pay Act Signed by Judge Firestone.

95-758T • NATIONAL WESTMINSTER BANK, PLC,, v. THE UNITED STATES

Filed 12/16/2005
U.S. - U.K. Tax Treaty; Summary Judgment; Conflicting Expert Testimony Signed by Judge Firestone.

04-1477C • LION RAISINS, INC., v. THE UNITED STATES

Filed 12/15/2005
Motion to dismiss; mootness; jurisdiction; case or controversy;capable of repetition but avoiding review; voluntary cessation of illegal conduct; government contracts; bid protest; suspension Signed by Judge Damich.

04-694C • HDM CORP., v. THE UNITED STATES

Filed 12/14/2005
Competition in Contracting Act, cardinal change doctrine, Medicare claims processing, Coordination of Benefits Contract, "crossover" of Medicare adjudicated claims to secondary insurers, contract modification, consolidation of
"crossover" function in COB contractor, judgment on the administrative record pursuant to RCFC 56.1, criteria for injunctive relief, balance of harms, public interest Signed by Judge Miller, G..

04-634 • THOMAS D. PETERSON, SAUNDRA L. PETERSON, RANDAL J. PETERSON SHEELAGH M. MURPHY and DON R. PARKER, v. THE UNITED STATES

Filed 12/13/2005
Contract Disputes Act; failure to certify claim to contracting officer; failure to state a claim; res judicata Signed by Judge Damich.

02-1396C • AMTEC CORPORATION, v. THE UNITED STATES

Filed 12/12/2005
Summary Judgment;
Contract Interpretation;
Cost Reimbursement Contract; Fixed Fee; Course of Dealing; Recovery of Government Overpayment Signed by Judge Williams.

05-882C • KSEND, v. THE UNITED STATES

Filed 12/08/2005
Post-Award Bid Protest;
Judgment Upon the Administrative Record; Nonresponsive Bid Signed by Judge Horn.

00-426V • PATRICIA ANN WALTHER, D.V.M., v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 12/08/2005
National Childhood Vaccine Injury Act; Non-Table Injury; Multiple Vaccinations; Causation; Expert Credibility Signed by Judge Firestone.

02-50V • KAITLYN WALLER, v. THE UNITED STATES

Filed 12/08/2005
Motion to Dismiss or to Strike; Untimeliness of Motion for Review; National Childhood Vaccine Injury Act of 1986, codified as amended at 42 U.S.C. § § 300aa-1 to 300aa-34 (2000 & Supp. 2003) (Vaccine Act); RCFC 60(b); RCFC App. B, Vaccine Rule 23 Signed by Judge Hewitt.

05-1066L • LB&B ASSOCIATES INC., v. THE UNITED STATES

Filed 12/08/2005
Bid Protest; Small Business Administration ("SBA") - Size Determination; Exhaustion of Administrative Remedies; Justiciability;
13 C.F.R. § 121.404(g);
13 C.F.R. § 121.405(a) Signed by Judge Firestone.

05-904C • OTI AMERICA, INC., v. THE UNITED STATES

Filed 12/07/2005
Deselection bid protest; cross-motions for judgment upon the administrative record; multiple-award contracts with the Government Printing Office for development of electronic passport covers, preparation and testing of prototypical covers, and production of such covers; equitable relief Signed by Judge Lettow.

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