USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-1874C • EDWARD T. ARAKAKI and HELEN ARAKAKI, v. UNITED STATES OF AMERICA

Filed 05/30/2006
Summary Judgment; Contract; Implied-in-Fact Agreement; Authority of Agent to Bind the United States; Ratification; Motion to Dismiss; Absence of Jurisdiction Where Plaintiff Is Not in Privity of Contract with the United States Signed by Judge Hewitt.

96-738C • CITY LINE JOINT VENTURE, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Fifth Amendment Taking: The effect of statutory restrictions on a contract right to prepay a federally insured mortgage as set forth in the Emergency Low Income Housing Preservation Act of 1987 ("ELIHPA"), 12 U.S.C. § 1715l note, and the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ("LIHPRHA"), 12 U.S.C. § § 4101- 4124. Ripeness of Claim: (i) A litigant is not required to pursue a final administrative determination that could not, on the facts of the case, have been decided in his favor in order to ripen his claim; (ii) a statutory provision allowing the sale of a property in lieu of mortgage prepayment does not qualify as a compensation mechanism given in exchange for statutory restrictions. Regulatory Taking: Application of the Penn Central factor - the character of the government's action, the economic impact of that action, and the reasonableness of the investmentbacked expectations - precludes a finding of a taking where the economic impact is insubstantial and outweighs the other factors. Signed by Judge Wiese.

95-503C • FIFTH THIRD BANK, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Contracts; Winstar case; remand; damages for breach of contract; expectancy damages; sale of division; conversion proceeds; tax gross-up Signed by Judge Miller, C..

99-4451L consolidated with 04-277L, 05-1353L, 05-1381L & 06-72L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 05/26/2006
Takings; Navigational Servitude; Whether Federal Navigational Servitude Defines Scope of United States' Potential Takings Liability; Whether Federal Law Defines Scope of United States' Navigational Servitude; Whether Ordinary High Water Mark Defines Boundary of United States' Navigational Servitude and Potential Liability; Whether Certification of Questions to the Supreme Court of Michigan Is Appropriate Where Issues Governed by Federal Law Signed by Judge Hewitt.

03-2033C • COMMERCIAL CASUALTY INSURANCE COMPANY OF GEORGIA, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Equitable Subrogation; Payment Bond Sureties; Sovereign Immunity Signed by Judge Firestone.

04-1478C • CAPITOL INDEMNITY CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Equitable Subrogation; Payment Bond Surety; Notice of Contractor's Default Signed by Judge Firestone.

05-1312C • PHT SUPPLY CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/26/2006
Post Award Bid Protest; Best Value Negotiated Procurement; Adjectival Risk Assessment; Evaluation of Proposals According to Terms of Solicitation; Effect of Prior Contracts   Terminated for Convenience of the Government on Past Performance Evaluation;
Agency Duty to Verify Price When Mistake in Proposal Suspected Signed by Judge Bush.

04-1720C • RAFAEL DIAZ COLON, v. UNITED STATES OF AMERICA

Filed 05/24/2006
Military disability retirement claim; 10 U.S.C. § 1201; deceased plaintiff; RCFC 25; statute of limitations; 28 U.S.C. § 2501; laches; equitable estoppel; cross-motions for judgment upon the administrative record Signed by Judge Lettow.

96-494C • CENTEX CORPORATION, ET. AL., v. UNITED STATES OF AMERICA

Filed 05/24/2006
Winstar; Guarini Legislation; Attorneys' Fees; Rule 54(b); Rule 37(c) sanctions Signed by Judge Bruggink.

05-1041T • PARKER HANNIFIN CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/23/2006
Tax refund suit; Timeliness and amendment of administrative claim; Credit allowance date; Admissibility of content of destroyed IRS document Signed by Judge Wheeler.

03-1765C • CHARLES VAN CLEAVE, v. UNITED STATES OF AMERICA

Filed 05/19/2006
Board for Correction of Naval Records; Remand; Bad Faith; Substantial Evidence; Disability Retirement; VASRD; Medical Discharge; Disability Ratings; Physical Examination Board; 38 C.F.R. Part 4; 38 C.F.R. § 4.20 Signed by Judge Hodges.

03-620V • ADELA QUINTANA DE BAZEN, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/18/2006
Petition for review of special master's decision; National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1 to 300aa-34; causation; petitioner's prima facie case; shift of burden of proof to respondent to establish another cause once petitioner has established a prima faciecase; 42 U.S.C. § 300aa-13(a); remand Signed by Judge Lettow.

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

Filed 05/10/2006
Motion for Reconsideration; Rule of the Court of Federal Claims (RCFC) 59; Equitable Tolling; Continuing Claims Doctrine; Whether Failure to Raise Issue on Summary Judgment Prevents Party From Raising Issue on Reconsideration; Whether Decisions of the General Services Board of Contract Appeals (GSBCA) Bind This Court; Whether Status Exempting Application of Overtime Provisions of Fair Labor Standards Act (FLSA) Includes Application of Exemption to Overtime Travel Claims Signed by Judge Hewitt.

01-79C • VIACOM, INC., v. THE UNITED STATES

Filed 05/08/2006
Pension Deficit; Segment Closing Adjustment, Cost Accounting Standard ("CAS") 413.50(c)(12), 48 C.F.R. § 9904.413.50(c)(12); Equitable Adjustment, 48 C.F.R. § 52.230-2(a)(4)(i); Limitation of Costs and Limitation of Funds Clauses, 48 C.F.R. § § 52.232-20 and 52.232-22; Failure to Fund Pension Amounts Claimed; Fee and Profit; Prior Releases Signed by Judge Firestone.

05-1020C • AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, v. THE UNITED STATES

Filed 05/05/2006
Amended Complaint as a Matter of Course; RCFC 15(a); Motion to Amend Complaint; Effect of Amended Complaint on Motion to Dismiss Signed by Judge Sweeney.

05-955T • UNICO SERVICES, INC. f/k/a Unico Replacement Parts, Inc., v. THE UNITED STATES

Filed 05/03/2006
Motion to Enjoin Collection Proceedings; I.R.C. § 6331(i)(1); I.R.C. § 6331(i)(4)(B) Signed by Judge Smith.

01-680C • JGB ENTERPRISES, INC., v. THE UNITED STATES

Filed 05/03/2006
RCFC 60(b); one-year time limitation for motions under RCFC 60(b)(1), (2), and (3);
timeliness of "amended" RCFC 60(b) motion; excusable neglect; intended third-party beneficiary; mutual exclusivity of
RCFC 60(b)(1)-(5) and (b)(6) Signed by Judge Miller, G..

05-800C • GLORIA SANTIAGO, v. THE UNITED STATES

Filed 05/03/2006
Military disability retirement claim; 10 U.S.C. § 1201; subject matter jurisdiction; cross-motions for judgment on the administrative record;
failure to explain discrepant findings; remand to the Secretary of the Army Signed by Judge Lettow.

05-1125C • PRECISION STANDARD, INC., v. THE UNITED STATES

Filed 05/02/2006
Bid Protest; Motion for Reconsideration; RCFC 59(a)(1); Motion Denied When Movant Had Ample Prior Opportunity to Raise Arguments on Which Motion for Reconsideration is Based; 48 C.F.R. § 9.105-1 (2005) Signed by Judge Hewitt.

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