USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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02-544V • TAYLOR MARIE CAMPBELL a minor, by her parents and natural guardians, LEE and MANDY CAMPBELL, v. SECRETARY OF THE DEPARTMENT OF H

Filed 02/14/2006

TAYLOR MARIE CAMPBELL a minor, by her parents and natural guardians, LEE and MANDY CAMPBELL, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
 (02-544V)

Vaccine review; Vaccine Rule 3(b) - "full and fair opportunity to present its case"; Vaccine Rule 8(c) - "fundamental fairness"; Failure to conduct evidentiary hearing; Vaccine Rule 8(d); Credibility findings based solely on medical records; Weight given to contemporaneous records in deciding whether to conduct a hearing; Special master's
reliance on Internet articles introduced sua sponte; Althen reliability standard; Website disclaimers; Failure to articulate reasoning; Vaccine rules violated; Arbitrary and capricious action taken; Remand.;

Signed by Judge Allegra.

05-0911V • CHRISTOPHER GEORGE WILEY,III, v. THE UNITED STATES

Filed 02/13/2006
Motion for Review of Special Master's Decision, National Vaccine Compensation Act,
42 U.S.C. § § 300aa-1 to 300aa-34; Statute of Limitations; Equitable Tolling Signed by Judge Horn.

93-280C • FRANK P. SLATTERY, JR., et. al., v. THE UNITED STATES

Filed 02/10/2006
Winstar damages; Cost of Performance/ Reliance interest; Wounded Bank damages; Expectancy interest; Restitution interest Signed by Judge Smith.

04-1740C • ROBERTA R. CARPENTER, SURVIVING JOINT COTENANT,, v. THE UNITED STATES

Filed 02/10/2006
FmHA housing loan program, section 515 of the Housing Act of 1949, Emergency Low Income Housing Preservation Act of 1987 (ELIHPA), RCFC 12(b)(1), privity of contract, joint tenant, right of survivorship, assumption of mortgage, RCFC 17(a), real party in interest, Fifth Amendment, taking, RCFC 12(b)(6), Penn Central analysis, regulatory taking Signed by Judge Miller, G..

05-559C • PURE POWER!, INC., v. THE UNITED STATES

Filed 02/10/2006
Contracts; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); Administrative Disputes Resolution Act of 1996, 28 U.S.C. § 1491(b)(1) (2000); motion to dismiss; jurisdiction to hear contract claims versus well-pleaded contract; authority of government representative to bind Government; standing; interested party Signed by Judge Miller, C..

00-172C • A. K. SUDA, INC., v. THE UNITED STATES

Filed 02/09/2006
Contracts; Contract Disputes Act of 1978, 41 U.S.C. § § 601-13 (1994 & Supp. V 1999); summary judgment;
reimbursable expenses; deferred compensation Signed by Judge Miller, C..

05-447C • SMART BUSINESS MACHINES, v. THE UNITED STATES

Filed 02/09/2006
Purchase Order; 48 C.F.R. § 13.302-4; 48 C.F.R. § 52.213-4(f); Equitable Estoppel; Substantial Performance Signed by Judge Firestone.

03-1390C • MICHAEL STRICKLAND, v. THE UNITED STATES

Filed 02/08/2006
Administrative Discharge Board; Administrative Procedure Act, 5 U.S.C. § 706; Board for Corrections of Naval Records; Burden of Proof; Department of Defense Directive 1332.14;
Jurisdiction; Justiciability;
Military Pay Act, 37 U.S.C. § 204(a)(1); Military Personnel Manual 1900-144;
Remand; Secretary of Navy Instruction 1910.4B; 10 U.S.C. § 1169(1); RCFC 56.1 Signed by Judge Braden.

98-797V • TODD NILSON, Parent and Legal Guardian of JOSEPH EDWARD NILSON, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SE

Filed 02/07/2006

TODD NILSON,   Parent and Legal Guardian of JOSEPH EDWARD NILSON, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (98-797V)

Vaccine Case; Table Injury;
42 U.S.C. § § 300aa-10 to-34; Encephalopathy; Burden of Proof; Factors Unrelated;
Standard of Review;
Credibility Determination

Signed by Judge Hodges.

05-143C • ERNEST LONG, et al., v. THE UNITED STATES

Filed 02/03/2006
Waiver of FLSA rights; Waivers must be explicit, clear and unmistakable; Under appropriate circumstances, private sector employment cases may be used as persuasive authority in the federal sector employment context Signed by Judge Damich.

05-174C • JOHN P. LAWRENCE, v. THE UNITED STATES

Filed 02/01/2006
Subject-Matter Jurisdiction; Government Overpayment of Living Quarters Allowance; Waiver of Debt; Exaction;
Fifth Amendment Taking Signed by Judge Williams.

05-507C • CRAIG-BUFF LIMITED PARTNERSHIP, a Nevada Limited Partnership, v. THE UNITED STATES

Filed 02/01/2006
Summary judgment; implied contract arising out of government loan guarantee;
lack of jurisdiction over claims of detrimental reliance and promissory estoppel; dismissal for lack of jurisdiction Signed by Judge Merow.

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

Filed 02/01/2006

MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

 (No. 99-279C (Consolidated With Nos. 99-529C, 99-530C, 00-531C, 03-1537C)

Contract Disputes Act,
41 U.S.C. § 609(d);
Discovery; Jurisdiction;
Motion to Transfer and Consolidate; RCFC 26(c);
Stay

Signed by Judge Braden.

00-644C • WILLIAM A. CLARK, et al., v. THE UNITED STATES

Filed 02/01/2006
Motion for summary judgment military pay; service secretary; correspondence courses; Air National Guard; Army National Guard; 37 U.S.C. § 206; 32 U.S.C. § 502(f); 10 U.S.C. § 10107; statutory interpretation; equivalent training Signed by Judge Damich.

01-249C • TENNESSEE VALLEY AUTHORITY, v. THE UNITED STATES

Filed 01/31/2006
Breach of standard contract for disposal of spent nuclear fuel; damages; mitigation; Restatement (Second) of Contracts § 350; scope of relief available for sequential partial breaches Signed by Judge Lettow.

04-1455C • SHONDA SCOTT HILLENSBECK and SAMANTHA SCOTT, v. THE UNITED STATES

Filed 01/31/2006
Accrual of Interest; Bureau of Justice Assistance; Motion for Judgment on the Administrative Record, RCFC 56.1; "Public Safety Officer," 42 U.S.C. § 3796b(8)(A); Public Safety Officers' Benefits Act, 42 U.S.C. § § 3796, et seq.; Remand;
Standing; Statute of Limitations, 28 U.S.C. § 2501; "Student," 5 U.S.C. § 8101(17) Signed by Judge Braden.

04-1511C • LUCENT TECHNOLOGIES INC., v. THE UNITED STATES

Filed 01/31/2006
Consolidation;
RCFC 42(a) Signed by Judge Braden.

04-1512C • AT&T CORP., v. THE UNITED STATES

Filed 01/31/2006
Consolidation;
RCFC 42(a) Signed by Judge Braden.

05-216C • JERRY C. MILLS d/b/a JCM TIMBER COMPANY, v. THE UNITED STATES

Filed 01/31/2006
Contract Disputes Act,
41 U.S.C. § § 601, et seq.;
Contract Modification;
Motion for Summary Judgment, RCFC 56(c);
Small Business Act, 15 U.S.C. § § 631-651 Signed by Judge Braden.

98-726C, 98-726-2C through 98-726-14C and 04-1299C and 04-1317C • GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

Filed 01/31/2006

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES  

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Standing; Real party in interest; Substitution under RCFC 17(a)

Signed by Judge Damich.

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