USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-2642C • SYSTEM FUELS INC., on its own behalf and as agent for SYSTEM ENERGY RESOURCES INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIAT

Filed 07/29/2005

SYSTEM FUELS INC., on its own behalf and as agent for SYSTEM ENERGY RESOURCES INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION, v. THE UNITED STATES

(03-2642C)

Implied Covenant of Good Faith and Fair Dealing; Liability for Breach of Contract; Nuclear Waste Policy Act, 42 U.S.C. § 10101 et seq.; Repudiation;
RESTATEMENT (SECOND) OF CONTRACTS § § 235(2), 243(2)(3), 250 cmt. a, 257, 257 cmt. a, 350; Spent Nuclear Fuel; Standing;
Summary Judgment; RCFC 56(c)

Signed by Judge Braden.

00-542C • SOUTHERN COMFORT BUILDERS, INC., v. THE UNITED STATES

Filed 07/29/2005

Construction Contract; National Aeronautics and Space Administration; Differing Site Conditions; Defective Specifications; Loss of Productivity; Prompt Payment Act

Signed by Judge Horn.

04-1481C • BILL FRAZIER AND KATHY FRAZIER, d/b/a YACHT BASIN MARINA, v. THE UNITED STATES

Filed 07/28/2005
Motion to dismiss for failure to state a claim; breach of contract; anticipatory repudiation; concession contracts; Contract Disputes Act Signed by Judge Wolski.

02-306C • RENDA MARINE, INC., v. THE UNITED STATES

Filed 07/28/2005
Trial; Contract for Hydraulic Dredging and Hydraulic and Mechanical Levee Construction; Type I Differing Site Conditions Signed by Judge Hewitt.

98-934L • SARAH ILLIG and GALE ILLIG, for themselves, and as representatives of a class of similarly represented persons, v. THE UNITED ST

Filed 07/27/2005

SARAH ILLIG and GALE ILLIG, for themselves, and as representatives of a class of similarly represented persons, v. THE UNITED STATES

(98-934L)

Takings; Rails-to-Trails;
Statute of Limitations

Signed by Judge Bruggink.

99-754C • NORMA C. SULLIVAN and DONALD E. SULLIVAN, v. THE UNITED STATES

Filed 07/22/2005
Rule 56 Summary Judgment; Third Party Beneficiary; Breach of Contract Signed by Judge Smith.

04-448C • NORBERT BASIL MacLEAN III, v. THE UNITED STATES

Filed 07/22/2005
Statute of Limitations;
28 U.S.C. § 2501; Equitable Tolling; Military Pay Act;
37 U.S.C. § 204; Court-Martial; Exhaustion of Administrative Remedies;
Writ of Error Coram Nobis Signed by Judge Williams.

04-1130C • REED ISLAND-MLC, INC., v. THE UNITED STATES

Filed 07/22/2005
Fifth Amendment; temporary taking; motion for judgment on the pleadings; RCFC 12(c); statute of limitations;
28 U.S.C. § 2501; accrual of a temporary takings claim Signed by Judge Lettow.

04-1074C • JAMES W. DRISCOLL, v. THE UNITED STATES

Filed 07/22/2005
Motion to dismiss; military   pay; failure to promote; lack of subject matter jurisdiction;
failure to state a claim; 10 U.S.C. § 1552; money-mandating statute; Tucker Act, 28 U.S.C. § 1491; Military Pay Act, 37 U.S.C. § 204; justiciability Signed by Judge Damich.

03-25C • KENNETH JAMES CARLISLE, JR., v. THE UNITED STATES

Filed 07/22/2005
Military pay case; Motion for judgment on the administrative record contrasted with motion for summary judgment; Bannum applied; Accrued leave pay; Mootness; Section 112 of the Internal Revenue Code of 1986 - compensation for active service in combat zone; Jurisdiction to resolve separation pay issue involving disability payments; Court of Veterans Appeals;
Special duty assignment pay under 37 U.S.C. § 307; Groves construed Signed by Judge Allegra.

03-2653C • JORDAN DEAN MAZA, by his parents and natural guardians, JENNIFER MAZA and RUSSELL MAZA, v. SECRETARY OF THE DEPARTMENT OF HEALTH

Filed 07/22/2005

JORDAN DEAN MAZA, by his parents and natural guardians, JENNIFER MAZA and RUSSELL MAZA, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (03-2653C)

National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-10 to -34; Motion for Review; Table Injury; Causation-in-Fact;
Proof of Causation by Absence of Other Causes; Burden of Proof; Measles-Mumps-Rubella Vaccine; Encephalitis

Signed by Judge Hodges.

95-660C, 95-797C, 95-7971C • BANK OF AMERICA, FSB, et al.,v. THE UNITED STATES

Filed 07/21/2005
Winstar: damages; cost of cover—A damages award must reflect costs actually incurred in replacing supervisory goodwill with tangible capital, including dividends paid on preferred and common shares of stock, transaction costs, and wounded bank damages. An offset based on a thrift's average cost of funds adequately accounts for the benefit of tangible capital over supervisory goodwill Signed by Judge Wiese.

04-805C & 04-806C • STATESMAN II APARTMENTS, INC., v. THE UNITED STATES

Filed 07/20/2005
Summary judgment; RCFC 56; breach of contract; contract interpretation; Housing Assistance Payments contracts;
HUD Section 8 housing program; 42 U.S.C. § 1437f;
1994 amendments to Housing Act of 1937; statute of limitations; stare decisis;
judicial estoppel; unmistakability doctrine Signed by Judge Lettow.

01-381C • H & S MANUFACTURING, INC., v. THE UNITED STATES

Filed 07/18/2005
Contract; breach of contract;
service contract; beach of duty of good faith and fair dealing Signed by Judge Miller, C..

99-279C • MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

Filed 07/15/2005
Contract Disputes Act,
41 U.S.C. § 609(d);
Motion to Transfer Signed by Judge Braden.

99-279C • MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

Filed 07/15/2005
Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; Tucker Act, 28 U.S.C. § 1491; RCFC 12(b)(6), Motion to Dismiss; RCFC 19(a), Joinder of Persons Needed for Just Adjudication;
RCFC 25(c), Transfer of Interest; RCFC 56(c), Motion for Partial Summary Judgment Signed by Judge Braden.

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

Filed 07/15/2005
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); temporary restraining order; preliminary injunction; facial validity of bid bond Signed by Judge Miller, C..

04-1589C • FOUR POINTS BY SHERATON v. THE UNITED STATES

Filed 07/14/2005
Post-award Bid Protest; 28 U.S.C. § 1491; Standing; Interested Party;
Protester's Disagreement With Evaluators' Ratings; Bias. Signed by Judge Williams.

05-373C • MANHATTAN CONSTRUCTION COMPANY v. THE UNITED STATES

Filed 07/14/2005
Consolidation; RCFC 42(a) Signed by Judge Williams.

05-166C • HAROLD W. VAN ALLEN v. THE UNITED STATES

Filed 07/13/2005
Military Disability Retirement Pay; Veterans' Health Benefits; Board for Correction of Naval Records; Equitable Tolling; Mental Illness; Motion to Dismiss; Motion for a More Definite Statement; Pro Se Signed by Judge Merow.

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