USCFC General Jurisdiction-Reported

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98-312C • STANLEY K. MANN, v. THE UNITED STATES

Filed 12/07/2005
Breach of contract damages; summary judgment; independent and collateral undertakings; proximate cause; lost profits; foreseeability; Geothermal Steam Act of 1970; restitution Signed by Judge Wolski.

05-483C • VALENCIA R. GRAY, v. THE UNITED STATES

Filed 12/06/2005
Motion to dismiss; Subject-matter jurisdiction; Motion to transfer; 28 U.S.C. § 1631; Federal Tort Claims Act, 28 U.S.C. § 1346(b); Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233; Americans with Disabilities Act, 42 U.S.C. § 12182; Rehabilitation Act, 29 U.S.C. § 794 Signed by Judge Lettow.

00-369T • FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. THE UNITED STATES

Filed 12/05/2005
Tax—The requirement set forth in IRS Form 872-A that an extension of the statute of limitations applicable to a tax year shall end "on the overassessment date of a decrease in . . . tax that reflects the final determination of tax and the final administrative appeals consideration" is satisfied where the facts show that (i) the taxpayer and the IRS entered into an agreement (Form 870-AD) pursuant to which the taxpayer consented to the assessment and collection of a proposed deficiency while reserving the right to seek a refund solely on certain enumerated grounds, (ii) the agreement contained language of finality and the IRS simultaneously advised the taxpayer that it was closing its file "on the basis agreed upon," and (iii) the IRS later issued a refund on the basis of the rights reserved by the taxpayer Signed by Judge Wiese.

05-494T • MICHAEL SKILLO AND LINDA S. SKILLO, v. THE UNITED STATES

Filed 11/30/2005
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Whether the Court has Jurisdiction of Claims Under the Fifth Amendment Due Process Clause and Claims for Alleged Illegal Acts of the IRS, Including Fraud; Whether IRS Form 1040 is a Contract; Whether Collection of Taxes is a Fifth Amendment Taking;
Whether Transfer to the United States Tax Court is authorized by 28 U.S.C. § § 1631 and 610 Signed by Judge Hewitt.

01-115C • OMAHA PUBLIC POWER DISTRICT, v. THE UNITED STATES

Filed 11/30/2005
Just Compensation Clause,
U.S. Const. amend. V, cl. 4;
Nuclear Waste Policy Act,
42 U.S.C. § § 10101, et seq.;
Motion to Dismiss, RCFC 12(b)(6) Signed by Judge Braden.

00-238C • NORTH STAR STEEL CO., v. THE UNITED STATES

Filed 11/30/2005
Breach of Contract;
Court-Appointed Expert, FED. R. EVID. 706;
Duty of Good Faith and Fair Dealing; Economic Duress;
RESTATEMENT (SECOND) CONTRACTS (1981) Signed by Judge Braden.

99-440C • ATK THIOKOL, INC., v. THE UNITED STATES

Filed 11/30/2005
Bid and Proposal Costs; Cost Accounting Standards, 48 C.F.R. § § 9904.402, 404, 409, 418, 420; Cost Allocability; Cost Allowability; Federal Acquisition Regulations, 48 C.F.R. § § 31.205-11, 18, 25, 40; Independent Research and Development Costs; RCFC 12(b)(6); RCFC 56(b) Signed by Judge Braden.

04-1736C • AMERICAN AIRLINES, INC., v. THE UNITED STATES

Filed 11/30/2005
Agricultural Quarantine Inspection User Fee, 21 U.S.C. § 136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq.; Motion to Dismiss, RCFC 12(b)(1), (6);
Motion for Summary Judgment, RCFC 56(c) Signed by Judge Braden.

05-1072C • ALION SCIENCE AND TECHNOLOGY CORP., v. THE UNITED STATES

Filed 11/29/2005
Post-Award Bid Protest; Competition in Contracting Act; 31 U.S.C. § 3553 Automatic Stay; Override; Best Interests of the United States; Urgent and Compelling Circumstances; Arbitrary and Capricious Review; Electromagnetic Spectrum Allocation; Rule 56.1 Versus Summary Judgment; Standard of Review; Administrative Record Signed by Judge Block.

05-768C • INTERNATIONAL OUTSOURCING SERVICES, LLC, v. THE UNITED STATES

Filed 11/29/2005
Post-award bid protest; Cross-motions for judgment on the administrative record; Bannum - standard for reviewing motion for judgment on the administrative record; Price realism analysis; Offeror's failure to respond adequately to agency requests for information relating to price realism analysis; Elimination from competitive range; FAR § 15.403-(a)(4); Agency's actions not arbitrary, capricious or contrary to law; Injunctive relief denied Signed by Judge Allegra.

04-556C • BETA ANALYTICS INTERNATIONAL, INC., v. THE UNITED STATES

Filed 11/23/2005
Post-award bid protest; arbitrary evaluation process; re-procurement; declaratory and injunctive relief Signed by Judge Wolski.

02-30C, 04-1822C, & 05-249C • AMBER RESOURCES CO., et al., v. UNITED STATES OF AMERICA

Filed 11/17/2005
Summary Judgment; Outer Continental Shelf Oil and Gas Leasing; Anticipatory Repudiation; Restitution ; Outer Continental Shelf Lands Act; 1990 Amendment to the Coastal Zone Management Act, 16 U.S.C. § 1456(c)(1); Sovereign Acts Doctrine; Unmistakability Doctrine; Waiver; Assignability of
Claims Signed by Judge Bruggink.

05-1132T • ROBERT B. BEALE, v. THE UNITED STATES

Filed 11/16/2005
Petition for Habeas Corpus; Injunction of IRS Collection Activities; Anti-Injunction Act; Subject Matter Jurisdiction; Sua Sponte Dismissal; Pro Se Plaintiff; Ledford v. United States, 297 F.3d 1378 (Fed. Cir. 2002) Signed by Judge Block.

04-1587C • JOHN L. CORRIGAN, v. THE UNITED STATES

Filed 11/15/2005
Motions to Dismiss and for Summary Judgment; Whether Fair Labor Standards Act (FLSA) Claims Are Barred by the Statute of Limitations; Whether Federal Employee Pay Act (FEPA) Claim Must be Dismissed for Failure to Demonstrate that the Claimed Overtime Was Approved in Writing; Whether the Position of CU-11 Credit Union Examiner is FLSA-Exempt; Whether Certain Travel Expense Claims Were Properly Denied Signed by Judge Hewitt.

95-518C • FIRST FEDERAL LINCOLN BANK, v. THE UNITED STATES

Filed 11/15/2005
Winstar-related case; summary judgment; damages; causation; lost profits claim; cost of replacement capital Signed by Judge Margolis.

02-478C • HELIX ELECTRIC, INC., v. THE UNITED STATES

Filed 11/10/2005
Summary Judgment; Contract Interpretation; Patent Ambiguity; Duty to Inquire; Cable Competition Act; 47 U.S.C. § 3541; Implied Duty to Cooperate; Implied Duty Not to Hinder Performance Signed by Judge Williams.

03-2869C • SOUTHERN CALIFORNIA EDISON, v. THE UNITED STATES

Filed 11/10/2005
Motion to dismiss; Subject matter jurisdiction; Bonneville Power Administration; Northwest Power Planning Act, 16 U.S.C. § § 839-839h; Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act, 41 U.S.C. § § 605, 609 Signed by Judge Lettow.

99-699C • TEMPLE-INLAND INC. and Subsidiaries, v. THE UNITED STATES

Filed 11/08/2005
Guarini Legislation; Causation; Duty to Mitigate Signed by Judge Bruggink.

04-336T • AD GLOBAL FUND, LLC, by and through NORTH HILLS HOLDING, INC., a Partner Other Than the Tax Matters Partner, v. THE UNITED STATE

Filed 11/08/2005

 AD GLOBAL FUND, LLC, by and through NORTH HILLS HOLDING, INC., a Partner Other Than the Tax Matters Partner, v. THE UNITED STATES

(04-336T)  

Pleading and practice; motion to certify for interlocutory appeal under 28 U.S.C. § 1291(d)(2) (2000); Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. § § 6221-6234 (2000); 26 U.S.C. § § 6501(a), 6229(a) (2000); prescribed period within which adjustment to partnership tax return must be issued; canons of construction for statutory interpretation applicable to tax statutes; plain meaning; legislative history; presumptions relating to tax legislation

Signed by Judge Miller, C..

03-1214C • NIGHT VISION CORP., v. THE UNITED STATES

Filed 11/08/2005
Summary Judgment; Motion to Dismiss; Small Business Innovative Research ("SBIR") Program; SBIR Data Rights; Implied Contract; Bid Protest Signed by Judge Block.

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