USCFC General Jurisdiction-Reported

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05-907C • LAURIE H. LABARE, v. UNITED STATES OF AMERICA

Filed 08/02/2006
Motion for Judgment Upon the Administrative Record; Public Safety Officers' Death Benefits Act, 42 U.S.C. § § 3796-3796c, employee of private contractor Signed by Judge Horn.

06-376C • PHILIP TINSLEY III, v. UNITED STATES OF AMERICA

Filed 08/02/2006
Pro Se Plaintiff; Frivolous Complaint; Sanctions Signed by Judge Horn.

88-494T, 89-262T,& 96-543T • THE TRAVELERS INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 08/01/2006
Income Tax Refund Suit; Foreign Currency Translation; Profit and Loss Method; Foreign Tax Credit; Excess Gain From Operation; Law of the Case; Collateral Estoppel Signed by Judge Smith.

03-2794C • ACCEPTANCE INSURANCE COMPANIES, INC., v. UNITED STATES OF AMERICA

Filed 07/31/2006
Fifth Amendment Taking; Federal Crop Insurance Corporation; Risk Management Agency; Lack of Jurisdiction; 7 U.S.C. § 1506(d); Transfer to U.S. District Court Signed by Judge Wheeler.

05-380T • SCHUMACHER TRADING PARTNERS II, MARION G. BOND, JR. and REBECCA C. BOND, v. UNITED STATES OF AMERICA

Filed 07/31/2006
Jurisdiction, 28 U.S.C. § 1508; Motion for Summary Judgment, RCFC 56(c);
Notice of Final Partnership Administrative Adjustment;
Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No 97-248, 96 Stat. 324, 648-71, § 402 (Sept. 3, 1982) (codified, in part, at 26 U.S.C. § § 6221-32); 26 U.S.C. § § 701, 702, 6501 Signed by Judge Braden.

05-746C • ENVIRONMENTAL TECTONICS CORPORATION, v. UNITED STATES OF AMERICA

Filed 07/31/2006
Changes Clause, 48 C.F.R. § 52.243-1; Claim Preparation Costs, 48 C.F.R. § 31.205-47; Contract Disputes Act, 41 U.S.C. § § 601, et seq.; Cost of Money, 48 C.F.R. § § 31.205-10,
9904.414-30, 9904.417-40;
Disputes Clause, 48 C.F.R. § 52.233-1(h); Motion to Dismiss, RCFC 12(b)(1);
Tucker Act Jurisdiction,
28 U.S.C. § 1491(a)(1);
28 U.S.C. § 2516(a) Signed by Judge Braden.

99-440C • ATK THIOKOL, INC., v. UNITED STATES OF AMERICA

Filed 07/31/2006
Jurisdiction; Scope of Certified Claim, 41 U.S.C. § 605(a), FAR 31.205-11; RCFC 15(a) Signed by Judge Braden.

06-484C • ADVANCED SYSTEMS DEVELOPMENT, INC., v. UNITED STATES OF AMERICA

Filed 07/28/2006
Post-award Bid Protest; Override of CICA Stay; Supplemental Determination and Findings; Consideration of Materials Outside of the Administrative Record; Declaratory Judgment Signed by Judge Baskir.

05-1051C • LAWRENCE CARTER AGEE, v. UNITED STATES OF AMERICA

Filed 07/28/2006
Subject matter jurisdiction; Fifth Amendment Taking; Violation of Due Process Clause; Equal Protection Clause; Americans With Disabilities Act; 42 U.S.C. § § 12101 et. seq.; Health Insurance Portability & Accountability Act; 42 U.S.C. § § 1320d-5 to d-6 (2000); Privacy Act; 5 U.S.C. 552a(g)(1) Signed by Judge Williams.

00-740C • FRANK E. FISHER, v. UNITED STATES OF AMERICA

Filed 07/28/2006
Military pay; Disability retirement Signed by Judge Bruggink.

05-1049C • CHRISTINE WELLS GROFF and MICHAEL WELLS, v. UNITED STATES OF AMERICA

Filed 07/27/2006
Public Safety Officers' Benefits Act of 1976, 42 U.S.C. § § 3796-3796d-7 (2000 & Supp. III 2003, as amended); Chevron and Skidmore Deference; Serving in an Official Capacity; Serving in an Official Capacity; Employee Status; Legislative Intent; Weight Given to Fact Findings of a State Agency; Functioning as a Part of an Agency; Official Recognition Signed by Judge Bush.

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

Filed 07/27/2006
Pro Se Plaintiff; Application to Proceed In Forma Pauperis; Three Strikes Rule of the Prison Litigation Reform Act (PLRA); Dismissal Sua Sponte of Racketeer Influenced and Corrupt Organizations Act Claims and Other Claims; Dismissal Sua Sponte of Claims Against Parties Other Than the United States Signed by Judge Hewitt.

05-125 • THE TRAVELERS INDEMNITY COMPANY, SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 07/26/2006
Trial on stipulated facts; subject matter jurisdiction; suretyship; equitable subrogation; sovereign immunity; payment and performance bonds issued in accord with the Miller Act for work on the Sector Gates Repair project in New Bedford, Massachusetts; notice to the government to stop payment to contractor; damages Signed by Judge Lettow.

05-674 & 05-715C consolidated • FORT CARSON SUPPORT SERVICES, and THE GINN GROUP, INC., v. UNITED STATES OF AMERICA

Filed 07/26/2006
Post-award bid protest; judgment on the record (former RCFC 56.1); negotiated procurement; best value trade-off;
technical evaluation; past performance and experience; cost variance; evaluation of final proposal revisions; meaningful discussions; 48 C.F.R. § 15.306; adverse past performance information; prejudice to offeror Signed by Judge Wolski.

06-355C • RITA MAE NALETTE, v. UNITED STATES OF AMERICA

Filed 07/26/2006
Jurisdiction; Money Mandating Statute; Frivolous Lawsuit; Sanctions Signed by Judge Horn.

05-649C • FRANK BOLDUC, v. UNITED STATES OF AMERICA

Filed 07/25/2006
Motion to dismiss; statute of limitations, 28 U.S.C. § 2501; failure to state a claim, RCFC 12(b)(6); unjust conviction and imprisonment, 28 U.S.C. § § 1495, 2513; equitable tolling; 28 U.S.C. § 1500 Signed by Judge Wolski.

03-2670C • HUNTLEIGH USA CORPORATION, v. UNITED STATES OF AMERICA

Filed 07/25/2006
Deliberative process pre-decisional executive privilege; declaration produced in response to motion to compel Signed by Judge Margolis.

04-484C • THOMAS KOSMO, v. UNITED STATES OF AMERICA

Filed 07/25/2006
Military Pay; Involuntary Reassignment to Non-Obligated, Non-Participating Ready Reserves; Involuntary Reassignment to Standby Reserves; Statute of Limitations; Accrual of Cause of Action; Equitable Tolling Signed by Judge Williams.

05-775C • OVERVIEW BOOKS, LLC and LEV TSITRIN, v. UNITED STATES OF AMERICA

Filed 07/24/2006
Library of Congress' Cataloging in Publication ("CIP") program; author's rights in a book; claim of entitlement to the benefit of inclusion in the CIP program; motion to dismiss Signed by Judge Lettow.

06-303C • ROTECH HEALTHCARE INC., v. UNITED STATES OF AMERICA

Filed 07/24/2006
Small Business Act of 1958, 15 U.S.C. § 637 et seq. (2000); Non-Manufacturer Rule; Statutory Interpretation; Interpretation of Terms of Solicitation; Service Contract Versus Supply Contract;
Deadline for Challenge to Terms of Solicitation; Challenge to North American Industrial Classification System Code Assignment Signed by Judge Bush.

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