USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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00-40C • GENERAL MOTORS CORPORATION, v. THE UNITED STATES

Filed 06/28/2005
Segment Closing Adjustment, Cost Accounting Standard ("CAS") 413, 48 C.F.R. § 9904.413; Federal Acquisition Regulation ("FAR") Cost Principle, 48 C.F.R. § 31.205-6(j);
Limitation of Funds and Limitation of Cost Clauses, 48 C.F.R. § 52.232;
Release of Claims, 48 C.F.R. § 52.216-7(b)(2) Signed by Judge Firestone.

00-475C • TECOM, INC., v. THE UNITED STATES

Filed 06/27/2005
Breach of contract; summary judgment;
contract interpretation; implied covenant of good faith and fair dealing; duty to cooperate; duty not to hinder performance;
presumptions of regularity and good faith; standard of proof; effect of Government audit of Contract Disputes Act claim; equitable adjustment for constructive change; wrongful termination Signed by Judge Wolski.

03-1765C • CHARLES VAN CLEAVE, v. THE UNITED STATES

Filed 06/24/2005
Military Pay Case; Request for the Correction of Military Records; Disability Ratings, 38 C.F.R. § 4;
Analogous Ratings, 38 C.F.R. § 4.20; Scope of Voluntary Waiver; Medical Discharge; Physical Examination Board;
Board for the Correction of Naval Records Signed by Judge Hodges.

04-1588T • JOHN P. HUNSAKER v. THE UNITED STATES

Filed 06/23/2005
Anti-Injunction Act, 42 U.S.C. § 7421(a);
Jurisdiction; Motion to Dismiss; Pro se; 26 U.S.C. § § 6011(a), 6012(a), 6072(a), 6213, 6651(a), 6654(a), 7422(a); 28 U.S.C. § § 1346(a)(1), 1491(a)(1); 46 U.S.C. § 741 et seq.; 46 U.S.C. § 781 et seq.;
RCFC 9(h)(6); RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Braden.

04-1456C, etc., • CLIFFORD F. SCHROEDER, ET AL., v. THE UNITED STATES

Filed 06/23/2005
Certification to State Supreme Court; Railroad Right-of-Way; Easement versus Fee Simple Signed by Judge Horn.

99-958C • DAVID ALAN CARMICHAEL, v. THE UNITED STATES

Filed 06/23/2005
Military Back Pay; Cross-Motions for Summary Judgment; Secretary of Navy Instruction 1730.8; Religious Accommodation; Harmless Error Analysis; Sanctuary Provision 10 U.S.C. § 1176 Signed by Judge Futey.

96-480C & 96-4801C • JOHN H. GRANDITS, ET. AL., v. THE UNITED STATES

Filed 06/23/2005
Cross-Motions for Summary Judgment; Administrative and Professional Exemptions to the Overtime Provisions of the Fair Labor Standards Act, 29 U.S.C. § § 201-219 Signed by Judge Horn.

99-4451L consolidated with 04-277L • JOHN H. and MARY E. BANKS, et al., v. THE UNITED STATES

Filed 06/23/2005
Takings; Motion for Partial Summary Judgment; Rule 56; Period of Claim Examination; Date for Measure of High Water Mark Signed by Judge Hewitt.

02-943C & 02-944C • TRINITY RIVER LUMBER CO., AND HAGAN & SONS, v. THE UNITED STATES

Filed 06/20/2005
Contract for Sale of Timber; Catastrophe affected Timber; Consultations; Implied Duties to Cooperate and Not to Hinder; Risk of Loss Signed by Judge Bruggink.

98-483C • FLORIDA POWER & LIGHT COMPANY, v. THE UNITED STATES

Filed 06/17/2005
Spent nuclear fuel; subject-matter jurisdiction; motion for reconsideration; standard of review; interlocutory orders;
RCFC 54, 59; FRCP 54, 59; law of the case doctrine Signed by Judge Baskir.

00-427C • TIMOTHY W. RICKS, v. THE UNITED STATES

Filed 06/16/2005
10 U.S.C. § 628(b);
10 U.S.C. § 1552; Officer's
Nonselection for Promotion; Remedy for Illegal Instructions to Promotion Boards; Board for Correction of Military Records; Special Selection Boards; Remand to Secretary of the Air Force; Harmless Error Test Signed by Judge Williams.

05-571C • CC DISTRIBUTORS INC., v. THE UNITED STATES

Filed 06/15/2005
Temporary Restraining Order; Unreasonably Low Price Signed by Judge Firestone.

04-65L • JANE PATIENCE KEMP v. THE UNITED STATES

Filed 06/15/2005
Taking; Motion to Dismiss;
Statute of Limitations; Accrual of Physical Taking at Time of Physical Possession Signed by Judge Hewitt.

02-2042 • ROBERT W. SINCLAIR, v. THE UNITED STATES

Filed 06/15/2005
Motion to dismiss; military pay; retirement benefits; voluntary resignation; failure to state a claim;
duress; coercion; government deception or misrepresentation;
mental incompetence; subject matter jurisdiction; 10 U.S.C. § 1552; Military Pay Act, 37 U.S.C. § 204; ineffective assistance of counsel Signed by Judge Damich.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES, INC., v. THE UNITED STATES

Filed 06/14/2005
Claim Construction; Extrinsic Evidence; Intervenor Standing; Intrinsic Evidence; United States Patent No. 6,142,637; United States Patent No. 6,467,914; 28 U.S.C. § 1498(a); 35 U.S.C. § 100(d); 35 U.S.C. § 112; 35 U.S.C. § 181, Invention Secrecy Act; 35 U.S.C. § 183, Secrecy Order; 35 U.S.C. § 281; 41 U.S.C. § 114(b); Fed. R. Evid. 702, 703; RCFC 14(b); RCFC 24(a), (b) Signed by Judge Braden.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES, INC., v. THE UNITED STATES

Filed 06/14/2005
Intervenor; Jurisdiction;
Sanctions; RCFC 14(b);
RCFC 16(f); RCFC 24 Signed by Judge Braden.

03-90C • JAMES G. SUTTON v. THE UNITED STATES

Filed 06/13/2005
Military back pay; Department of the Army Active Duty Board; due process rights Signed by Judge Margolis.

98-894C • SHORTS BROTHERS, PLC, v. THE UNITED STATES

Filed 06/10/2005
Contracts; breach of contract; illegal contract; commercial impracticability;
impossibility; superior knowledge; mutual mistake; defective government furnished property; duties of good faith and fair dealing; unjust enrichment Signed by Judge Miller, C..

99-35C • CONNER BROTHERS CONSTRUCTION CO., INC. v. THE UNITED STATES

Filed 06/10/2005
Motion for Summary Judgment RCFC 56; Contract Disputes Act of 1978, 41 U.S.C. § 601, et seq. (2000); Contract Interpretation; Equitable Adjustment; Site Visit;
Differing Site Conditions;
Defective Drawings; Impossibility; Superior Knowledge; Mistake;
Equitable Estoppel Signed by Judge Bush.

02-1952C • SAB CONSTRUCTION, INC. v. THE UNITED STATES

Filed 06/10/2005
Equitable Adjustment; Cost of Self-Insurance; Claims for Future Liabilities not yet Accrued; Litigation Costs as a Damage; Consultant Costs Under the Contract Disputes Act, 41U.S.C. § § 601-613 (2005) ("CDA");
Restitution Signed by Judge Firestone.

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