USCFC General Jurisdiction-Reported

28 U.S.C. § 1500: (i) Where an action filed in this court arises from the same set of operative facts and seeks the same relief as an earlier-filed action in another forum, the earlier-filed action is pending for purposes of section 1500 until its final adjudication on appeal or until the time for appeal has run. (ii) A post-judgment motion under FRCP 60(a) for correction of a clerical error is a pending suit or process within the meaning of section 1500. 28 U.S.C. § 2501: (i) The accrual of a cause of action begins with the invasion of a legal right. (ii) An applicant for a Native allotment acquires equitable title to the land and hence a legal right to sue for its invasion when a final administrative adjudication confirms the applicant’s qualification and entitlement to award. Signed by Judge Wiese.

Post-Award Bid Protest; Standing; Supplementation of the Administrative Record; Past Performance Rating; Responsibility Determination; Technical Evaluation; Competition Limited to Federal Supply Service Schedule 520 Contractors Signed by Judge Hewitt.

Post-Award Bid Protest; 28 U.S.C. § 1491(b)(1)(2006); Jurisdiction for Protests Against FDIC Contract Awards; Waiver of Challenges to a Solicitation; Evaluation of Proposals; Clarifications, Prejudice Signed by Judge Bush.

Motion to Supplement Administrative Record with Deposition Testimony; Allegation of Bias Signed by Judge Bush.

Post-Award Bid Protest; 28 U.S.C. § 1491(a) and (b); Administrative Dispute Resolution Act; Jurisdiction; Implied-in-Fact Contract Jurisdiction in a Procurement Protest; Statutory Construction Signed by Judge Williams.

Military pay; review of administrative discharge board action; evidentiary burden required under arbitrary or capricious standard; evidentiary rulings; command influence; waiver of argument; due process rights Signed by Judge Miller, C..

Pro se Plaintiff; Title VII of the Civil Rights Act; Fifth and Fourteenth Amendment; Lack of Subject Matter Jurisdiction; Military Pay Act; Request for Reinstatement in the Armed Forces; Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted; Motion for Judgment on the Administrative Record. Signed by Judge Wheeler.

Post-award bid protest; motions for judgment on the administrative record; claims of spoliation of evidence, personal bias on the part of the Contracting Officer’s Technical Representative, and failure to perform a proper technical evaluation Signed by Judge Lettow.

Breach of Contract; Motion to Dismiss; Title VII; Settlement Agreement; Consent Decree; EEOC Signed by Judge Damich.

Anti-Assignment Act, 31 U.S.C. § 3727(b); Internal Revenue Code, 26 U.S.C. § 6013(d)(3); RCFC 19(a), Required Joinder of Parties Signed by Judge Braden.

Causation In Fact; De Novo Review; National Vaccine Injury Act, 42 U.S.C. §§ 300aa-10, et seq.; Vaccine Rule 3(b), 8(c), 27(c); RCFC 60. Signed by Judge Braden.

Bid protest; mandatory postaward debriefing; automatic stay; standing; task order contract; 28 U.S.C. § 1491; 41 U.S.C. § 253j Federal Supply Schedule; FAR Part 8.4 Signed by Judge Bruggink.

Tax; partnership-level proceeding; Son of BOSS tax shelter; accuracy-related penalties, I.R.C. § 6662; reasonable cause and good faith, I.R.C. § 6664. Signed by Judge Damich.

Mootness; Reconsideration; Jurisdiction; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Performance Evaluation; Definition of Claim; Contracting Officer’s Decision; Deemed Denial Signed by Judge Sweeney.

Motion for Enlargement of Time; Discovery Dispute; Deposition Testimony; Motion to Compel Production of Documents; Scope of Discovery; RCFC 26; Relevance and Admissibility of Evidence; Fed. R. Evid. 401 Signed by Judge Sweeney.

Cross-Motions for Summary Judgment, RCFC 56; Military Pay for National Guard Training, 37 U.S.C. § 206; Correspondence Courses of the Uniformed Services; Air National Guard; Army National Guard; Equivalent Training; Air National Guard Instruction 36-2001; National Guard Regulation (Army) 350-1 Signed by Judge Firestone.

Breach of contract; Cross-motions for summary judgment; Breach of contract – genuine issues of material fact preclude judgment as a matter of law; Damages; Expectation damages – lost profits; Energy Capital – per se rule rejected regarding lost profits from third-party transactions; Genuine dispute as to material questions of fact regarding proximate causation; Foreseeability and specificity; Reliance damages; Direct vs. incidental reliance damages; Foreseeability; Limitations on loss recovery; Genuine issues of material fact preclude granting of summary judgment; Trial required Signed by Judge Allegra.

Bid Protest; Small Business Act; Statutory Interpretation; Priority of HUBZone Program Over Other Small Business Programs; Solicitation Impropriety; Timeliness of Protest; Declaratory and Injunctive Relief Signed by Judge Wheeler.

Deliberative Process Privilege; In Camera Review; Predecisional Documents; Draft Press Releases; Factors for Determining Whether Deliberative Process Privilege is Overcome by Need Signed by Judge Williams.

Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing party status based on securing an order remanding case to agency; remand order predicated on agency error; substantial justification; Government’s position includes agency’s position leading to litigation; recovery of fees and expenses incurred in proceeding before agency; recovery of fees and expenses attributable to settlement discussions Signed by Judge Miller, G..