USCFC General Jurisdiction-Reported

Motion to Dismiss, RCFC 12(b)(1); Motion for Summary Judgment,RCFC 56; Federal Technology Transfer Act, 15 U.S.C. § 3710a; Cooperative Research and Development Agreement; Jurisdiction over Related Tort Claim; Covenant of Good Faith and Fair Dealing; Trademark License; Military Food Acquisition Signed by Judge Firestone.

Post-Award Bid Protest; Injunctive Relief; GSA Federal Supply Schedule; Procurement Integrity Act, 41 U.S.C § 423; Task Order Award Protest; Trade Secrets Act, 18 U.S.C. § 1905 Signed by Judge Horn.

Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Reversal of Criminal Conviction; Tort Claim Signed by Judge Horn.

Tax refund suit; Cross-motions for partial summary judgment; Relationship between tax liability, assessments, and overpayments; Timeliness of assessment; 26 U.S.C. § 6204; Relationship between 26 U.S.C. §§ 6213(b)(4) and 6503(a); Conversion of deposit into payment; Rosenman and progeny; Rev. Procs. 84-58 and 2005-18; Deposits versus payments under the decisional law; Assessment timely; Even if untimely, no overpayment under 26 U.S.C. § 6401(a). Signed by Judge Allegra.

Motion to Dismiss; Lack of Subject Matter Jurisdiction; Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. § 6901, et seq.; United States Department of Agriculture National Appeals Division; Breach of Contract; Quantum Meruit Signed by Judge Horn.

Dispute arising from the government’s abrogation of the prepayment term of a loan contract between the Farmers Home Administration and the owner of a property restricted to rentals to elderly, handicapped, or low- and moderate-income tenants; pendency of both contractual and takings claims Signed by Judge Lettow.

Motion to Dismiss under RCFC 12(b)(1) and 12(b)(6); No Jurisdiction over Constitutional, Tort, Criminal, or Discrimination Claims; Failure to State a Claim under 28 U.S.C. § 2513; Transfer under 28 U.S.C. § 1631 Not Appropriate Signed by Judge Hewitt.

Bid Protest; Improper Corrective Action Following GAO protest; Standing; Ripeness; Request for Revised Proposals Where Agency Requirements Are Unchanged; Improper Use of Competitive Range; Impermissible Auction Following Price Disclosure; Permanent Injunctive Relief. Signed by Judge Wheeler.

Motion to dismiss, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613(2006); CDA claims against nonappropriated fund instrumentalities, 41 U.S.C. § 602(a); requirements for submitting a claim under the CDA, 41 U.S.C. § 605(a); tort claim as adjunct to contract claim. Signed by Judge Miller, C..

Post-Award Bid Protest; 28 U.S.C. § 1491(b); Negotiated Procurement; Interested Party; Prejudice; Administrative Procedure Act; 5 U.S.C. § 706; Waiver Rule; Patent Ambiguity; Patent Error; Principles for Interpretation of Government Solicitations; Past Performance Evaluation; Price Evaluation; IDIQ Contract; Discussions; Permanent Injunction; Public Interest; National Security Signed by Judge Block.

RCFC 12(b)(6); RCFC 52.1(c); Survivor Benefit Plan, 10 U.S.C. §§ 1447-1455; Former Spouse Election; Strict Compliance With Statute and Regulations; Affidavits Not Included in the Administrative Record; Advisory Opinions Based on Incorrect Facts; Remand to Correction Board Signed by Judge Sweeney.

Bid Protest; Supplementing the Administrative Record; FRE 901 Signed by Judge Block.

Post-Award Bid Protest; Lease of Office Space; Base Realignment and Closure Act (BRAC); Flood Plain; Presidential Executive Order 11988; GSA Floodplain Management Desk Guide; FEMA Flood Insurance Rate Map; Rentable Square Feet; Usable Square Feet; ANSI/BOMA Office Area (ABOA) Square Feet; Occupancy Schedule; Certificate of Occupancy; Progressive Occupancy; Criteria for Injunctive Relief; Interest of the Public; Bid Preparation Costs Signed by Judge Damich.

Statutory Interest on Overpayment of Income Taxes; Tax Return in Processible Form; Mathematical Verifiability; 26 U.S.C. § 6611 (2006); Motion for Summary Judgment, RCFC 56 Signed by Judge Bush.

Certification Order, N.M. R. App. P. 12-607; Declaration of Water Right Ownership, N.M. Stat. Ann. § 72-1-3; Endangered Species Act, 16 U.S.C. § 1531, et seq.; Mining Act of 1866, 43 U.S.C. § 661; Motion for Summary Judgment, RCFC 56(c); NEW MEXICO CONSTITUTION, art. XVI, § 3; Physical or Per Se Taking; Property Right; Range Stock Water Rights, N.M. Stat. Ann. § 19-3-13; Regulatory Taking; Riparian Exclosures; Standing; Statute of Limitations, 28 U.S.C. § 2501; UNITED STATES CONSTITUTION amend. V; 43 U.S.C. § 1752(g); RCFC 8(d)(1) Signed by Judge Braden.

Post-Award Bid Protest; Challenges to Evaluation of Price and Technical Factors Signed by Judge Hewitt.

Breach of Contract; Motion for Summary Judgment; Contract Changes (FAR 52.243-4); Equitable Adjustments; Reasonable Approximation of Costs; Contract Interpretation; Unusually Severe Weather; Extension of Time; Lost Productivity; Termination for Default (FAR 52.249-10); Extension of Contract Completion Date; Time Remaining for Performance Signed by Judge Damich.

Vaccine Act; Dravet Syndrome; factor unrelated to the administration of the vaccine; correct legal standard; sole or principal cause. Signed by Judge Margolis.

Fifth Amendment Taking; authorization; agency authority; internal delegation of agency authority; scope of employee’s authority; ratification Signed by Judge Bruggink.

Discovery Disputes; Motion to Compel; Motion For Default Judgment; RCFC 26, 30, 34, 37 Signed by Judge Braden.