USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-553L • JAMES SARTORI, DAVID SARTORI, WILLOWBROOK COAL COMPANY, AND WILLOWBROOK FARMS, v. THE UNITED STATES - ERRATA -

Filed 08/22/2005
Categorical and regulatory taking; U.S. Const. amend. V; Clean Water Act, 33 U.S.C. § § 1251, 1311, 1344, 1362 (2000); ripeness; "parcel as a whole;" temporary categorical taking; temporary regulatory taking Signed by Judge Miller, C..

94-785C • NEW VALLEY CORP., v. THE UNITED STATES

Filed 08/19/2005

Contracts: satellite launch services; anticipatory repudiation; right to damages. The rule recognizing the discharge of an obligation to pay damages for a total breach by repudiation where "it appears after the breach that there would have been a total failure by the injured party to perform his return promise" (Restatement (Second) of Contracts § 254(1)) is an application of the basic principle requiring the injured party to demonstrate that the breach caused the injury.

Damages: The excess of market price over contract price does not represent the exclusive measure of damages
suffered where the value of the breached contract can be determined by comparison of a hypothetical sale in the no-breach world with an actual replacement transaction in the real world.

Signed by Judge Wiese.

00-136L • LINDA VAIZBURD and ARKADY VAIZBURD, v. THE UNITED STATES

Filed 08/18/2005
Remand; Constitutional taking; Physical invasion by sand; Damages based on cost of cure Signed by Judge Bruggink.

98-553L • JAMES SARTORI, DAVID SARTORI, WILLOWBROOK COAL COMPANY, AND WILLOWBROOK FARMS, v. THE UNITED STATES

Filed 08/18/2005
Categorical and regulatory taking; U.S. Const. amend. V; Clean Water Act, 33 U.S.C. § § 1251, 1311, 1344, 1362 (2000); ripeness; "parcel as a whole;" temporary categorical taking; temporary regulatory taking Signed by Judge Miller, C..

04-1255C • LUMBERMENS MUTUAL CASUALTY, v. THE UNITED STATES

Filed 08/17/2005
Miller Act Surety Case; Motion to Dismiss;
Equitable Subrogation; Notice of Default;
Impairment of Suretyship;
48 C.F.R. § § 52.232-5, 52.236.15; Modification of Bonded Contract; Alleged Mismanagement of Bonded Contract Signed by Judge Hodges.

95-532C • BLUEBONNET SAVINGS BANK FSB, STONE CAPITAL, INC. and JAMES M. FAIL, v. THE UNITED STATES

Filed 08/16/2005
Winstar-related case; Damages; Expectancy;
Expert Testimony; Burden of Proof; "But-for" costs;
Reasonable Certainty;
Jury Verdict Damages Signed by Judge Futey.

4-1135C • S. K. J. & ASSOCIATES, INC., v. THE UNITED STATES

Filed 08/11/2005
Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Claim for Bid Protest Costs and Bid Preparation and Proposal Costs; 28 U.S.C. § 1491(b)(2) (2000); Mootness Doctrine Signed by Judge Bush.

03-1245C • HOWARD V. GARY, ET AL., v. THE UNITED STATES

Filed 08/10/2005
Subject matter jurisdiction; informer contract; sovereign capacity; actual authority to enter into contract binding on Government; implied authority; individual ratification; institutional ratification; accrual of taking claim Signed by Judge Miller, G..

03-87V • CLAUDIA RODRIGUEZ as legal representative of MARIO ARTURO RODRIGUEZ, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICE

Filed 08/08/2005

CLAUDIA RODRIGUEZ as legal representative of   MARIO ARTURO RODRIGUEZ, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (03-87V)

Vaccine Act; Burden of Proof Standard; MMR Vaccination; Transverse Myelitis

Signed by Judge Merow.

05-736C • AEROPLATE CORPORATION v. THE UNITED STATES

Filed 08/05/2005

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); reasonableness of contracting officer's   nonresponsiveness determination based
on post-bid opening communications

(1) from surety that contractor not authorized to submit bid bond and

(2) from contractor that would not have a payment or performance bond; effect of contracting officer's non-responsibility
determination in absence of reference to the Small Business Administration

Signed by Judge Miller, C..

05-750C • CHAPMAN LAW FIRM CO., v. THE UNITED STATES

Filed 08/05/2005
Denial of Preliminary Injunction; Best Interests Determination, 48 C.F.R.
33.104(c)(2) (2000); Judicial Review of Agency Override of Automatic Stay Signed by Judge Firestone.

04-473C • M. G. CONSTRUCTION, INC., v. THE UNITED STATES

Filed 08/04/2005
Summary Judgment; Contract Interpretation; Ambiguity; Duty to Inquire Signed by Judge Horn.

04-750C • STEPHEN CARROLL, ET. AL, v. THE UNITED STATES

Filed 07/29/2005
Tucker Act; Back Pay Act; "Money-mandating" statute; Dismissal for lack of jurisdiction; "NAFI" doctrine Signed by Judge Bruggink.

01-495C • KENT CHRISTOFFERSON, ET. AL, v. THE UNITED STATES

Filed 07/29/2005
Civilian Pay; Overtime Pay; Fair Labor Standards Act; Executive Exemption Signed by Judge Bruggink.

00-776T • ANDREW M. D'AVANZO, and LINDA J. D'AVANZO, v. THE UNITED STATES

Filed 07/29/2005
Tax refund suit; passive activity losses; real estate professional; material participation; 26 U.S.C. § 469(c); substantiation; Treas. Reg. § 1.274-5T; Form 1040, Schedules A and E; miscellaneous deductions Signed by Judge Miller, G..

02-70C • THE FEDERAL GROUP, INC., v. THE UNITED STATES

Filed 07/29/2005
Government contract case; Contract Disputes Act; summary judgment; non-appropriated fund instrumentality ("NAFI"); contract for procurement of real property; "real property in being;" requirements contract; negligent estimates; superior knowledge;   misrepresentation; agreement to aggressively market; interference; mitigation of damages Signed by Judge Merow.

99-447C & 03-2626C • BOSTON EDISON COMPANY, & ENTERGY NUCLEAR GENERATION CO., v. THE UNITED STATES

Filed 07/29/2005
Spent nuclear fuel cases; consolidation for a limited purpose; RCFC 42(a) Signed by Judge Lettow.

04-1236C • ERNEST C. ALDRIDGE, v. THE UNITED STATES

Filed 07/29/2005
Collateral Estoppel;
Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. Jurisdiction; Motion to Dismiss, RCFC 12(b)(1);
Pro se; RESTATEMENT (SECOND) OF JUDGMENTS § 27; RESTATEMENT OF TORTS § 652A(1); Sanctions, RCFC 11;
Transfer, 28 U.S.C. § 1631;
Tucker Act, 28 U.S.C. § 1491(a)(1) Signed by Judge Braden.

04-1394C • GONZALO GARCIA CARRANZA, v. THE UNITED STATES

Filed 07/29/2005
Dismissal With Prejudice;
Jurisdiction; Pro se;
Res Judicata; 28 U.S.C. § § 1254, 1291, 1355; FED. R. CRIM. P. 41 (e), (g);
RCFC 12(b)(1) Signed by Judge Braden.

04-1113C • DIE CASTERS INTERNATIONAL, INC., v. THE UNITED STATES

Filed 07/29/2005
Equitable Distribution; Summary Judgment;
FAR § 31.201-2 (Allowable Costs), 48 C.F.R. § 31.201-2; FAR § 52.202-1 (Definitions), 48 C.F.R. § 52.202-1; FAR § 52.232-20 (Limitation of Cost),
48 C.F.R. § 52.232-20;
FAR § 52.245-5 (Cost-Reimbursement,
Time-and-Material, or Labor-Hour Contracts), 48 C.F.R. § 52.245-5; FAR § 52.249-6 (Termination Cost-
Reimbursement), 48 C.F.R. § 52.249-6; RCFC 56(c) Signed by Judge Braden.

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