USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. THE UNITED STATES

Filed 03/31/2006

Causation; Certainty;
Damages; Foreseeability;
Mitigation; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.;

RESTATEMENT (FIRST) OF CONTRACTS § 329;

RESTATEMENT (SECOND) OF CONTRACTS § § 152, 351(1), (2);

RESTATEMENT (SECOND) OF JUDGMENTS; § 26(1)(a), (b); FED. R. EVID. 702; 10 C.F.R. § 961.11

Signed by Judge Braden.

98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. THE UNITED STATES

Filed 03/31/2006

Causation; Certainty;
Damages; Foreseeability;
Mitigation; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.;

RESTATEMENT (FIRST) OF CONTRACTS § 329;

RESTATEMENT (SECOND) OF CONTRACTS § § 152, 351(1), (2);

RESTATEMENT (SECOND) OF JUDGMENTS; § 26(1)(a), (b); FED. R. EVID. 702; 10 C.F.R. § 961.11

Signed by Judge Braden.

04-710C • JOHN FILOSA and SUSAN KEMBLE, v. THE UNITED STATES

Filed 03/31/2006
Motion for Class Certification; 38 U.S.C. § § 7453(a), (e), (h); FED. R. CIV. P. 23(a), (b); RCFC 20(a); RCFC 23(a), (b), (c) Signed by Judge Braden.

04-74C consolidated with 04-75C • PACIFIC GAS AND ELECTRIC COMPANY, v. THE UNITED STATES

Filed 03/30/2006
Motions in Limine; Trial, Spent Nuclear Fuel; Availability of Damages That Post-Date the Filing of Plaintiff's Complaint;
Motion to Strike Portions of Expert Report Relating to Damages That Post-Date the Filing of Plaintiff's Complaint Signed by Judge Hewitt.

99-758C • JOHN ALETTA, et al., v. THE UNITED STATES

Filed 03/30/2006
Overtime Pay; Federal Employees Pay Act; Federal Employees Flexible and Compressed Work Schedules Act; Approval Requirements for Overtime Travel, and Overtime for Employees on Flexible Schedules Signed by Judge Wheeler.

05-262L • FIREBAUGH CANAL WATER DISTRICT, et al., v. THE UNITED STATES

Filed 03/29/2006
Tucker Act; Jurisdiction; 28 U.S.C. § 1500; "Pendency" requirement of Section 1500 Signed by Judge Bruggink.

00-129C • LOCKHEED MARTIN CORPORATION, v. THE UNITED STATES

Filed 03/29/2006
Government contract case; Cross-motions for summary judgment; Violation of CAS 418; Failure to deny claims made in summary judgment motion; Increased costs as a result of a CAS violation; 41 U.S.C. § 422(h); Offsets between flexiblypriced and fixed-price contracts; Offset claim relating to disposition of tangible property; Failure to comply with CDA requirements for perfecting claim; Issues arising out of "same set of operative facts;" Claims in the nature of setoff or recoupment Signed by Judge Allegra.

03-2231C • ENGINEERED DEMOLITION, INC., v. THE UNITED STATES

Filed 03/28/2006
Breach of contract for removal of radiologically contaminated soil; motion for partial dismissal; subject matter jurisdiction; motion for summary judgment; Contract Disputes Act; Changes   Clause in FAR [48 C.F.R. §] 52.243-1; equitable adjustment Signed by Judge Lettow.

05-697C • JULIE AMBER MESSICK, Administratrix, Estate of Christopher Kangas, Deceased, v. THE UNITED STATES

Filed 03/27/2006
Motion for Judgment Upon the Administrative Record;
Public Safety Officers' Death Benefits Act, 42 U.S.C. § § 3796-3796c; Definitions of "Public Safety Officer," "Firefighter," "Line of Duty" Signed by Judge Horn.

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

Filed 03/27/2006
Pro Se Tax Refund Case;
Motion for Summary Judgment Signed by Judge Horn.

79-4582L, 79-4583L, 79-4592L, 79-4593L • THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, v. THE UNITED STATES

Filed 03/27/2006

 THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, v. THE UNITED STATES

(Nos. 79-4582L, 79-4583L, 79-4592L, 79-4593L)  

Motion for Leave to Amend Complaint; RCFC 15(a); Futility as Justification for Denial; Department of the
Interior and Related Agencies Appropriations Acts, 1990-2005; Department of the Interior, Environment, and Related Agencies Appropriations Act of 2006, Pub. L. No. 109-54, 119 Stat. 499, 519; 28 U.S.C. § 2501

Signed by Judge Hewitt.

05-608C • FRANCISCO JAVIER RIVERA AGREDANO and ALFONSO CALDERON LEON, v. THE UNITED STATES

Filed 03/27/2006
Motion to Dismiss for Lack of Jurisdiction; RCFC 56; Search of Impounded Vehicle for Resale; Breach of Contract; "As Is" Clause; Breach of Implied Covenant of Good Faith and Fair Dealing; Whether Failure Adequately to Search Vehicle Constitutes Breach of Contract; Damages Available for Breach;
Third-Party Beneficiary Signed by Judge Hewitt.

99-609V • VERA ANALLA, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/23/2006
National Vaccine Injury Compensation Program; Causation in Fact; Burden of Proof; Medical Evidence Signed by Judge Wheeler.

05-1203C • BLUE & GOLD FLEET, LP, v. THE UNITED STATES

Filed 03/22/2006
Pre-award protest; 28 U.S.C. § 1491(b)(1) (2000); judgment on the administrative record; reasonableness of agency action; injunctive relief Signed by Judge Miller, C..

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

Filed 03/21/2006

Contract Damages:

The cost to a thrift of retaining earnings as measured by the dividends paid is not recoverable where the cost of retaining the earnings is exceeded by the benefits associated with them. A thrift's transfer of a portion of a real estate portfolio to a partnership in which a shareholder plaintiff held an ownership stake constitutes a dividend and is thus compensable as a cost to the thrift. Plaintiff may apply for Rule 60(b) relief in the event its damages award is found to be taxable

Signed by Judge Allegra.

05-607C • UNITED ENTERPRISE & ASSOCIATES, v. THE UNITED STATES

Filed 03/21/2006
Post-Award Bid Protest; 28 U.S.C. § 1491(b); Sole Source Award Under SBA 8(a)Program; 15 U.S.C. § 637(a); Supplementation of the Administrative Record; Standing; Laches; Arbitrary and Capricious Standard of Review; Responsibility Determination; 13 C.F.R. § § 124.5, 124.502, 124.503, 124.506; 48 C.F.R. § 19.601; Certificate of Competency (COC); Whether COC Review is Required in a Sole Source 8(a) Program Procurement; 15 U.S.C. § 637(b)(7)(A) Signed by Judge Hewitt.

04-1574C & 05-582C • AVTEL SERVICES, INC., v. THE UNITED STATES

Filed 03/17/2006
Pre- and Post-Award Bid Protests; Disqualification of Offeror; Bias; Price Analysis; Injunctive Relief Signed by Judge Horn.

02-1278T • PRINCIPAL LIFE INSURANCE COMPANY and SUBSIDIARIES, v. THE UNITED STATES ERRATA

Filed 03/17/2006
Tax refund suit; Trial; Treatment of installment obligations under 26 U.S.C. § § 453, 453A, 453B; Substance over form; Transfer to subsidiary; Sale versus 26 U.S.C. § 351 contribution to capital;
Multi-factored analysis applied; Taxpayer characterization upheld; Payment to state insurance guaranty associations; What is a "tax" under 26 U.S.C. § 164?; Payments to state guaranty association, not a tax, but a regulatory fee Signed by Judge Allegra.

04-1731C • ARMOUR OF AMERICA, v. THE UNITED STATES

Filed 03/17/2006
Intervention as a matter of right; RCFC 24(a)(2); trade secret; proprietary information Signed by Judge Damich.

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