USCFC General Jurisdiction-Reported

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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.

98-554C • TERRY C. BRUNNER, v. THE UNITED STATES

Filed 05/02/2006
Drug Enforcement Administration; cooperating individual agreement; implied actual authority; apparent authority; duty to inquire; notice of laws, regulations;
ratification; awards; salary and expenses; resident-agent-in-charge; special-agent- in-charge; Asset Forfeiture Fund; summary judgment Signed by Judge Wolski.

02-1909C • HONEYWELL INTERNATIONAL, INC., and HONEYWELL INTELLECTUAL PROPERTIES, INC., v. THE UNITED STATES

Filed 04/28/2006
Doctrine of Equivalents;
Double Inclusion; Literal Infringement; Preponderance of the Evidence; United States Patent No.6,142,637;
United States Patent No. 6,467,914; 28 U.S.C. § § 1491(a), 1498(35 U.S.C. § § 100(d), 112, 281; RCFC 24(a), 26(a), 52(c)
Signed by Judge Braden.

01-351C • CLEARWATER CONSTRUCTORS, INC., (a Division of Hensel Phelps Construction Co.), v. THE UNITED STATES

Filed 04/28/2006
Government contracts; Contract Disputes Act; summary judgment; factual issues as to structural engineering calculations and meanings; latent/patent defects in specifications and design; delay; administrative effort to resolve questions of contract interpretation Signed by Judge Merow.

06-231C • EDWARD GRINNELL, v. THE UNITED STATES

Filed 04/27/2006
CDA; Appeal to BCA or direct suit in COFC; Binding Election Doctrine; Election not binding unless chosen forum has jurisdiction
Signed by Judge Damich.

04-1759L • MYRON C. SIMMONS, v. THE UNITED STATES

Filed 04/25/2006
Subject-Matter Jurisdiction, Statute of Limitations, Continuing Tort Doctrine, Continuing Claim Doctrine, Indian Trust Accounting Statute, Motion to Dismiss, RCFC 12(b)(1), 42 U.S.C. § 1983 Signed by Judge Smith.

05-1123C • MARCUS L. WILLIAMS, v. THE UNITED STATES

Filed 04/25/2006
Military pay case; 10 U.S.C. § 701; 37 U.S.C. § 501; motion to dismiss; claims pending before other federal courts; 28 U.S.C. § 1500; motions for judgment upon the administrative record;
extension of military jurisdiction past enlistment term because of pending court-martial charges;
forfeiture of accumulated leave upon conviction by court-martial Signed by Judge Lettow.

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

Filed 04/25/2006
Summary Judgment; Spent Nuclear Fuel; Nuclear Waste Policy Act; 42 U.S.C. § 10222(a)(5)(B) (2000); Whether Restitution Is Available in the Circumstances of This Case;
Whether a Takings Claim May Be Maintained in the Circumstances of This Case; GTCC Waste Signed by Judge Hewitt.

04-1729C • GERALD A. LECHLITER, v. THE UNITED STATES

Filed 04/25/2006
Jurisdiction Over Constitutional Claims; Performance Standards;
Review on the Administrative Record; Disability Retirement; Fitness for Duty Signed by Judge Firestone.

99-197T • NEW DYNAMICS FOUNDATION, v. THE UNITED STATES

Filed 04/24/2006
Motion for declaratory relief under section 7428 of the Internal Revenue Code; Taxexempt status under section 501(c)(3) of the Code; "Donor-advised" foundation; Standard of review in declaratory judgment actions - de novo; Whether the court may determine that plaintiff is exempt as of some date other than the date of its application; Content of administrative record; Foundation and related donor foundations not "operated exclusively" for exempt purposes; Exemption denied Signed by Judge Allegra.

96-166C • ZOLTEK CORPORATION, v. THE UNITED STATES

Filed 04/24/2006
RCFC 26(e)(2); RCFC 37(c)(1); sanctions; duty to amend discovery responses; interrogatories; requests
for production Signed by Judge Damich.

05-186L • LAVETTA ELK, v. THE UNITED STATES

Filed 04/20/2006
Sioux Treaty of April 29, 1868; Motion to dismiss for lack of jurisdiction; RCFC 12(b)(1); Alleged failure to exhaust administrative remedies; Sioux Treaty does not explicitly require exhaustion in the form of awaiting an agency decision; McCarthy v. Madigan; Failure of agency to adopt time limits on the consideration of Treaty claims; Exhaustion of remedies not judicially imposed; Exhaustion likely effectuated Signed by Judge Allegra.

03-1502C, 03-2370C • UNIVERSAL CONSTRUCTION, INC., v. THE UNITED STATES

Filed 04/18/2006
Contracts; differing site conditions; government delay; government directed change Signed by Judge Margolis.

05-1277C • RIG MASTERS, INC., v. THE UNITED STATES

Filed 04/14/2006
Post-award Bid Protest;
Arbitrary and Capricious Standard; Whether Discussions Are Warranted
When Solicitation Says Agency Intends to Award Contract Without Them;
Contracting Officer's Discretion; Supplementing Administrative Record Signed by Judge Hodges.

05-960C • STATES ROOFING CORP. v. THE UNITED STATES

Filed 04/12/2006
Motion to Dismiss; Election Doctrine; Dismissal Not Ripe Until Plaintiff, Jurisdiction Has Been Decided By First Forum Signed by Judge Bush.

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

Filed 04/10/2006

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

 (04-541L)

Contracts; breach of contract; summary judgment; takings; Central Valley Project Improvement Act, Pub. L. No. 102-575, tit. XXXIV, 106 Stat. 4600, 4706-31 (1992) (the "CVPIA"); third-party beneficiary; sovereign acts doctrine; waiver of defense; unmistakability doctrine; contract interpretation - plain meaning and ambiguity; parol evidence rule

Signed by Judge Miller, C..

01-459C & 03-2515C • INTERNATIONAL DATA PRODUCTS CORP. v. THE UNITED STATES

Filed 04/10/2006
Termination of express contract; compensation for work performed thereafter pursuant to direction by the Government; contract implied in fact; manifestation of agreement and mutual intent to contract; equitable adjustment; constructive change; cardinal change; quantum meruit; contract implied in law Signed by Judge Miller, G..

05-888C • MICHAEL F. FEDERICO v. THE UNITED STATES

Filed 04/04/2006
Jurisdiction; Motion to Dismiss; Civilian Pay; Breach of Contract Signed by Judge Horn.

05-1078T • ROBERT C. JOHNSON, pro se v. THE UNITED STATES

Filed 04/04/2006
Tax; pro se complaint; motion to dismiss; jurisdiction; requirement to pay taxes in refund suit under 26 U.S.C. § 7422(a) (2000); requirement to file claim on refund suit; bar to claim when suit filed in U.S. Tax Court under 26 U.S.C. § 6512(a) (2000); transfer of claims under 28 U.S.C. § 1631 (2000) Signed by Judge Miller, C..

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