USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-592V • NICHOLAS BERNHARDT, by his father and next best friend, JOHN BERNHARDT, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVI

Filed 10/06/2005

NICHOLAS BERNHARDT, by his father and next best friend, JOHN BERNHARDT, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (05-592V)

Vaccine Act: A challenge to a non-custodial parent's right to sue on behalf of a minor child implicates this court's
jurisdiction under the Vaccine Act and, as such, presents an issue that must be decided before proceedings are permitted to continue. The court's jurisdiction under the Vaccine Act is not confined to review of a special master's decision but rather extends to all determinations of a special master for which relief may be sought under Rule 60(b). Where a petitioner's purpose in filing a voluntary dismissal is frustrated by a retroactive change in procedure, the
court has authority under Rule 60(b)(6) to vacate the dismissal and reinstate the petition.

Signed by Judge Wiese.

05-205C & 05-20501C • FIRE-TROL HOLDINGS, LLC, v. THE UNITED STATES

Filed 10/04/2005
Post-award bid protest; Arbitrary and Capricious, Motion to Reconsider RCFC 59 Signed by Judge Smith.

03-2478C • REMEDIATION CONSTRUCTORS, INC., v. THE UNITED STATES

Filed 09/30/2005
Breach of Contract;
Default Termination;
Equitable Adjustment;
Jurisdiction; Partial Summary Judgment;
RCFC 56(c); RCFC 15(d);
Supplemental Pleadings Signed by Judge Braden.

05-904C • OTI AMERICA, INC., v. THE UNITED STATES

Filed 09/30/2005
Deselection bid protest; multiple-award contracts with the Government Printing Office for development of electronic passport covers, preparation and testing of prototypical covers, and production of such covers; motion to dismiss; 28 U.S.C. § 1491(b)(1); bid-protest jurisdiction where multiple contracts are used to conduct a procurement competition; motion for discovery to supplement the administrative record of the procurement Signed by Judge Lettow.

05-578T • RICHARD N. WADLINGTON, v. THE UNITED STATES

Filed 09/28/2005
Tax Refund Suit; Statute of Limitations, 26 U.S.C. § 6511; Equitable Tolling Signed by Judge Hodges.

02-197 • ADVANCED TEAM CONCEPTS, INC. ,v. THE UNITED STATES

Filed 09/28/2005
Implied-In-Fact Contract;
Authority to Bind Government; Mutual Intent; Christian Doctrine Signed by Judge Smith.

05-107C • UNITED PACIFIC INSURANCE CO., RELIANCE INSURANCE CO., and RELIANCE NATIONAL, v. THE UNITED STATES

Filed 09/28/2005
Action by Surety; Equitable Subrogation; Illegal Contract; Void ab initio Signed by Judge Firestone.

01-56C • JOHN W. BULL, ET. AL.,v. THE UNITED STATES

Filed 09/27/2005
Trial; Fair Labor Standards Act, 29 U.S.C. § § 201-219 (2000); Claims for Activities Performed Off Duty; Reasonableness of Time Claimed; Applicable Statute of Limitations Signed by Judge Hewitt.

03-2783C • ROBERT M. MODEER and EMILY W. MODEER, v. THE UNITED STATES

Filed 09/26/2005
Motion to Dismiss, RCFC 12(b)(1); Motion for Summary Judgment, RCFC 56; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2000); Sum Certain, FAR 52.233-1; New Claim; Certified Claim; Lease Agreement; Holdover Tenancy; Application of Federal Law; Interest Signed by Judge Bush.

05-263C • KEVIN TRUDEAU, v. THE UNITED STATES

Filed 09/26/2005
Subject matter jurisdiction, breach of contract, stipulated order settling Federal Trade Commission enforcement action, sovereign capacity, proprietary capacity, Kania, Sanders Signed by Judge Miller, G..

01-591L • KLAMATH IRRIGATION DISTRICT, ET AL., v. THE UNITED STATES

Filed 09/23/2005
Motion for extension of time to file motion for reconsideration; RCFC 59(b); Timing of motion for reconsideration where no judgment filed; RCFC 59(a)(1) Signed by Judge Allegra.

3-1508T • MOBIL CORPORATION AND SUBSIDIARIES, v. THE UNITED STATES

Filed 09/22/2005
Motion to Dismiss Claim For Refund of Tax; Informal Claim Doctrine Signed by Judge Bruggink.

05-475T • DARLENE R. ESPOSITA, v. THE UNITED STATES

Filed 09/20/2005
Tax Refund; Motion to Dismiss;   26 U.S.C. § 7482 Signed by Judge Horn.

03-1433L • THE UNITED KEETOOWAH BAND of CHEROKEE INDIANS of OKLAHOMA, v. THE UNITED STATES

Filed 09/16/2005
RCFC 19; Indispensable Party; Tribal Sovereign Immunity Signed by Judge Firestone.

92-517C • THE LONG ISLAND SAVINGS BANK, FSB, AND THE LONG ISLAND SAVINGS BANK OF CENTEREACH FSB,, v. THE UNITED STATES

Filed 09/15/2005
Trial of Winstar-related case;
liability for breach of contract; contract interpretation; expectancy damages; mitigation; cost of replacement of goodwill;
incidental losses Signed by Judge Lettow.

05-703C • GREENLEAF CONSTRUCTION CO., INC., v. THE UNITED STATES

Filed 09/13/2005
Pre-award bid protest;
HUD management and marketing services contract; cascade procedure; small business set aside; responsibility determination Signed by Judge Bruggink.

05-423C • B&S TRANSPORT, INC., v. THE UNITED STATES

Filed 09/12/2005
Bid Protest; 5 U.S.C. § 706; Buy American Act; 28 U.S.C. § 1491(b)(4); American Jobs Creations Act; Contracting Officer's Discretion Signed by Judge Hodges.

02-255C • TRITEK TECHNOLOGIES, INC., v. THE UNITED STATES

Filed 09/08/2005
Patent infringement; 28 U.S.C. § 1498; doctrine of equivalents; demonstrative exhibit; means-plus-function; feeder system for high speed mail sorter Signed by Judge Damich.

02-255C • TRITEK TECHNOLOGIES, INC., v. THE UNITED STATES

Filed 09/08/2005
Patent infringement; 28 U.S.C. § 1498; doctrine of equivalents; demonstrative exhibit; means-plus-function; feeder system for high speed mail sorter Signed by Judge Damich.

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

Filed 09/06/2005
Post-award bid protest; negotiated procurement; failure to disclose numerical weight of factors; criterion of exceeding solicitation requirements; errors by individual technical evaluators; inconsistent use of evaluator scores; re-scoring proposal; arbitrary evaluation process Signed by Judge Wolski.

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