USCFC General Jurisdiction-Reported

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06-300C • FELTON L. MATTHEWS, Jr. v. UNITED STATES OF AMERICA

Filed 10/05/2006
Motion for Reconsideration; Transfer; Pro Se Plaintiff; Application to Proceed In Forma Pauperis; Three Strikes Rule of the Prison Litigation Reform Act (PLRA); Allegation of Serious Physical Injury Raised for the First Time on Reconsideration; Lack of Evidence or Explanation to Support Allegation of Serious Physical Injury; Defamation and Libel Claims Signed by Judge Hewitt.

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

Filed 10/05/2006
Trial on stipulated facts; suretyship; performance and payment bonds under the Miller Act; renovation and repairs of a U.S. Coast Guard light tower; equitable subrogation; failure of government to adhere to the terms of a bonded contract Signed by Judge Lettow.

98-126C • YANKEE ATOMIC ELECTRIC COMPANY, v. UNITED STATES OF AMERICA

Filed 10/04/2006
Damages for breach of Standard Contract for disposal of spent nuclear fuel and high-level radioactive waste; mitigation; incurred costs for partial breach of contract; foreseeability; substantial causal factor; commercial reasonableness; reasonable certainty; amended and supplemental pleadings; takings; election of remedies; administrative dispute remedy; future offsets; use of expert demonstrative evidence Signed by Judge Merow.

05-772C • SARAH R. DACHMAN, v. UNITED STATES OF AMERICA

Filed 10/04/2006
Motion to Dismiss; Jurisdiction; Civilian Pay; Back Pay; Civil Service Reform Act; Contract Claim; Tort Claim; Statute of Limitations; Res Judicata Signed by Judge Horn.

04-541L • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER

Filed 10/04/2006

STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES OF AMERICA

(04-541L)

Takings; transfer pursuant to 28 U.S.C. § 1631 (2000); statute of limitations, 28 U.S.C. § 2501 (2000); whether statute of limitations precludes jurisdiction for a claim ordered to be transferred when order of transfer and filing in transferee court occur ten years later; whether contract cause of action on same facts can be added after transfer of takings claim; law of the case

Signed by Judge Miller, C..

05-168L • CASITAS MUNICIPAL WATER DISTRICT, v. UNITED STATES OF AMERICA

Filed 10/02/2006
Contract:
(1) Costs associated with the construction of a fish passage facility that was built to remedy the injurious effects resulting from the operation of the water reclamation project constitute operation and maintenance expenses.
(2) The provision in the parties' contract entitling plaintiff to "the perpetual right to use all water that becomes available through the construction and operation of the project" merely recites a condition of the parties' exchange and imposes no affirmative obligation on the government to guarantee plaintiff's water supply.

Sovereign Acts Defense:
(1) Where an agency action has no effect on the government's economic interests as a contractor, the government may successfully invoke the sovereign acts defense.
(2) The fact that a government agency had available to it alternatives to the action it ultimately took in the implementation of a statute does not preclude the government, acting in its role of contractor, from raising an impossibility defense
Signed by Judge Wiese.

03-2671C • SIMONE ANDERSON, v. UNITED STATES OF AMERICA

Filed 09/29/2006
Motion to dismiss under RCFC 12 or, in the alternative for summary judgment under RCFC 56; Employee suggestion cash award program - 5 U.S.C. § 4503; Jurisdictional predicates for judicial review; Implied-in-fact contract; No material question of fact; Employee suggestion not accepted by agency official with appropriate authority; No contract; Implied-in-law contracts; No jurisdiction for unjust enrichment claim Signed by Judge Allegra.

03-1417L • REED and BARBARA FERRARI, husband and wife; DR. TERRY and NANCY LAURITSEN, husband and wife; JOE REYES, JR. and LUCY REYES

Filed 09/29/2006

REED and BARBARA FERRARI, husband and wife; DR. TERRY and NANCY LAURITSEN, husband and wife; JOE REYES, JR. and LUCY REYES, husband and wife; WILLIAM F. TAYLOR, an individual; and THE GRAY LIVING TRUST, Robert and Jean Gray, Trustees. v. UNITED STATES OF AMERICA  

 (03-1417L)

Inverse Condemnation; Constructive Taking; Petroglyph National Monument Establishment Act of 1990, Pub. L. 101-313; Restrictive Covenants; Waiver of Regulations; Summary Judgment

Signed by Judge Williams.

03-2623C • SYSTEM FUELS, INC. and ENTERGY ARKANSAS, INC., v. UNITED STATES OF AMERICA

Filed 09/29/2006
Suit for partial breach of Standard Contract for disposal of spent nuclear fuel; supplementation of complaint; exceptions to the merger and bar preclusion precepts as set out in Restatement (Second) of Judgments § 26; RCFC 15(d); deposition of corporate designee; RCFC 30(b)(6); alleged defense of setoff respecting deferral of one-time fee; additional depositions beyond presumptive number;
RCFC 30(a)(2)(A) Signed by Judge Lettow.

No. 99-400C c/w 01-708 C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI, v. UNITED STATES OF AMERICA

Filed 09/29/2006
Equal Access to Justice Act (EAJA) Application; Time for Filing; Nunc Pro Tunc; Whether Petition for Certiorari May Be Filed After Voluntary Dismissal of Appeal; Effect of Voluntary Dismissal of Appeal on Time for Filing EAJA Application Signed by Judge Hewitt.

No. 06-483C • GEORGE CALVIN MCCULLOUGH, v. UNITED STATES OF AMERICA

Filed 09/29/2006
Pro Se Plaintiff; Application to Proceed in Forma Pauperis; Preliminary Screening for Frivolousness Under 28 U.S.C. § 1915(e); Dismissal Sua Sponte of Constitutional, Criminal, and Tort Claims; Dismissal Sua Sponte of Claims Against Parties Other Than the United States Signed by Judge Hewitt.

04-1113C • DIE CASTERS INTERNATIONAL, INC., v. UNITED STATES OF AMERICA

Filed 09/28/2006
Breach of Contract; Soviet Nuclear Threat Reduction Act of 1991; Nunn-Lugar Act; Cooperative Threat Reduction Act; FAR 31.201-2(a) (Allowable Costs); FAR 52.216-7 (Reimbursing Costs); FAR 52.232-20 (Limitation of Cost);   FAR 52.245-5(c)(2) (Government Property); Restatement (Second) of Contracts § 351(1)(2) Signed by Judge Braden.

92-675L • CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION, v. UNITED STATES OF AMERICA

Filed 09/27/2006
Indian Tucker Act; 28 U.S.C. § 1505 (2000); Motion to Reconsider; Effect of Per Capita Distribution of Judgment Funds on Nature of the Claim; Due Process Considerations Under 28 U.S.C. § 1505; Trust Responsibility Within the Context of Litigation Signed by Judge Hewitt.

05-367L, consol w/05-484 L, 05-537 L, 05-1082 L, 05-1083 L, 05-1173 L, and 05-1175 L • GERALD E. ROTH, et al., v. UNITED STATES OF AMERICA

Filed 09/27/2006

 GERALD E. ROTH, et al., v. UNITED STATES OF AMERICA

(No. 05-367L, consol w/05-484 L, 05-537 L, 05-1082 L, 05-1083 L, 05-1173 L, and 05-1175 L)

Patented Mining Claims; Claim of Taking Based on Permanent Denial of Access; Claims Barred By Statute of Limitations

Signed by Judge Hewitt.

06-564C • SECURENET CO. LTD., v. UNITED STATES OF AMERICA

Filed 09/27/2006
Post-Award Bid Protest; RCFC 52.1, Judgment on the Administrative Record; Reasonableness versus Realism Determination Signed by Judge Bruggink.

04-1223L • CLAYTA FORSGREN, et al., v. UNITED STATES OF AMERICA

Filed 09/27/2006
RCFC 12(b)(1); 28 U.S.C. § 1500; Fifth Amendment Taking; Fed. R. Civ. P. 3, 4; Federal District Court Local Rules; Federal District Court Jurisdiction; 28 U.S.C. § 2501; Law of the Case Signed by Judge Sweeney.

05-368C • MICHAEL A. DALUZ, v. UNITED STATES OF AMERICA

Filed 09/27/2006
Back Pay Act, 5 U.S.C. § 5596; Civil Service Reform Act, 5 U.S.C. § 5596(b)(5); Collective Bargaining Agreement; Declaratory Judgment; Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Tucker Act, 28 U.S.C. § 1491; Writ of Mandamus, 28 U.S.C. § 1361 Signed by Judge Braden.

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

Filed 09/25/2006
Post-award bid protest; judgment on the administrative record; Javits-Wagner-O'Day Act, 41 U.S.C. § § 46-48c; decision not to exercise option; SBA section 8(a) set-aside program; standing; equitable wage determination adjustments Signed by Judge Wolski.

06-425C • INTERSPIRO, INC.,and SCOTT TECHNOLOGIES, INC., d/b/a/ SCOTT HEALTH & SAFETY, v. UNITED STATES OF AMERICA

Filed 09/25/2006
Bid Protest; Evaluation of Proposals; Warranties; Evaluation of Risk Signed by Judge Firestone.

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