USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

4-35C • CANAL ELECTRIC COMPANY v. THE UNITED STATES

Filed 06/09/2005
Nuclear Waste Policy Act of 1982; Title 42 U.S.C. § § 10101-10270; Spent Nuclear Fuel Case; Standard Contract; Fifth Amendment Takings; Breach of Contract Signed by Judge Hodges.

05-375C • MTB GROUP, INC., v. THE UNITED STATES

Filed 06/07/2005
Contracts; pre-award protest; 28 U.S.C. § 1491(b)(1) (2000); Procurement Integrity Act, 41U.S.C. § 423 (2000); deference to Government Accountability Office decision; mandatory disclosure of confidential information; Freedom of
Information Act, 5 U.S.C. § 552(a) (2000 & Supp. 2002) Signed by Judge Miller, C..

01-699C • CYGNUS CORPORATION, v. THE UNITED STATES

Filed 06/07/2005
Excusable neglect as a ground for extending time for filing appeal; Fed. R. App. P. 4(a)(5)(A) Signed by Judge Lettow.

02-182V • WILLIAM AND SHANNON VESSELS v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ERRATA

Filed 06/03/2005
Vaccine Act; motion for relief from judgment, Vaccine Rule 36; jurisdiction; change in law Signed by Judge Wolski.

04-1177C • UNIVERSITY RESEARCH CO., LLC, v. THE UNITED STATES & IQ SOLUTIONS, INC. Intervenor

Filed 06/03/2005
Post-award bid protest; motion for preliminary injunction; cost realism; cost normalization; past performance evaluation Signed by Judge Wolski.

04-46C, 01-251C, 01-416C • CUYAHOGA METROPOLITAN HOUSING AUTHORITY, v. THE UNITED STATES

Filed 06/02/2005
Summary judgment; Breach of contract; HUD section 8 housing program; HAP contracts; 1994 amendments to Housing Act of 1937; HUD Notice 95-12; Damages; One-percent rule of 42 U.S.C. § 1437f(c)(2)(A); Expectancy damages; Legal impact of law effectuating a breach; Causation v. mitigation; Construction of overall limitation in HAP contracts and 42 U.S.C. § 1437f(c)(2)(C); Judicial estoppel; Cost of comparability studies; Prejudgment interest Signed by Judge Allegra.

02-182V • WILLIAM AND SHANNON VESSELS v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 06/01/2005
Vaccine Act; motion for relief from judgment, Vaccine Rule 36; jurisdiction; change in law Signed by Judge Wolski.

03-1766C • EDWARD B. BLOCK v. THE UNITED STATES

Filed 06/01/2005
Conversion; Jurisdiction Over Torts; Transfer Pursuant to 28 U.S.C. § 1631; Implied-in-Fact Contract; Identification of Proprietary Data;
Fifth Amendment Taking: Failure to Protect Data Signed by Judge Firestone.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION,FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR ...

Filed 05/31/2005

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION,FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK,Plaintiff-Intervenor, v. THE UNITED STATES
(95-523C)

Causation; Collateral and Essential Reliance Interests; Financial Institutions Reform Law, Recovery, and Enforcement Act, Pub. L. No. 101-73, 103 Stat. 183 (1989); Foreseeability; Reasonable Certainty; RESTATEMENT (SECOND) OF CONTRACTS § 349; Winstar-Related Case

Signed by Judge Braden.

04-155L • ROY WALKER AND SHELLIE WALKER, v. THE UNITED STATES

Filed 05/31/2005
Collateral Estoppel;
Equitable Tolling; Grazing Permits; Issue Preclusion;
Just Compensation Clause of the Fifth Amendment;
Res Judicata; Statute of Limitations; 28 U.S.C. § 1491(a)(1); 28 U.S.C. § 2501; 43 U.S.C. § 1752(g);
36 C.F.R. § § 222.1, et seq.; RCFC 12(b)(1) Signed by Judge Braden.

00-540C • KEVIN J. METZ v. THE UNITED STATES

Filed 05/31/2005
Order for judgment following determinations made by the Air Force on remand from the court; back pay; 37 U.S.C.
§ 204; Temporary Early Retirement Authority; 10 U.S.C. § 8914; correction of records; 28 U.S.C. § 1491(a)(2) Signed by Judge Lettow.

03-2164T • JADE TRADING, LLC, ET. AL., v. THE UNITED STATES

Filed 05/27/2005
26 U.S.C. § 6103;
26 U.S.C. § 7431; RCFC 37; Deposition; Protective Order; Frivolous Objection; Sanctions Signed by Judge Williams.

01-234V • RICHARD PISCOPO, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/26/2005
Vaccine Act; Non-Table Injury; Multiple Vaccinations; Causation;
Expert Testimony; Due Process Signed by Judge Firestone.

95-706V • DILEMA MORENO, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/25/2005
Vaccine Injury Act; Chronic Arthropathy; Rubella Vaccine; "Arthralgia" versus "Arthritis";
Causation-In-Fact; Omnibus Proceedings; Standard of Review of Special Master's Findings of Fact Signed by Judge Block.

94-784C & 96-204C • SCOTT TIMBER COMPANY, v. THE UNITED STATES

Filed 05/24/2005
Motion for reconsideration, Rule 59, extraordinary circumstances, timber sale contracts, breach damages, constructive termination Signed by Judge Miller, G..

04-1798T • NORMAN PARSONS, on behalf of LINMAR PROPERTY MANAGEMENT TRUST, v. THE UNITED STATES

Filed 05/24/2005
Motion to dismiss for lack of subject matter jurisdiction; RCFC 12(b)(1); absence of jurisdiction over a tax claim that seeks relief other than a refund of taxes paid Signed by Judge Lettow.

05-495C • HOSPITAL KLEAN OF TEXAS, INC., v. THE UNITED STATES & INTEGRITY MANAGEMENT SERVICES, INC., Intervenor

Filed 05/24/2005
Post-award Bid Protest; Temporary Restraining Order; Bond; RCFC 65; RCFC 65.1; FAR 15.208; Late Proposal Signed by Judge Williams.

00-355C • MICHAEL CHRISTENSEN, ET AL., v. THE UNITED STATES

Filed 05/18/2005
Settlement of a class action; final approval; RCFC 23(e) Signed by Judge Lettow.

04-1132C • HARRY P. TEICHMAN, v. THE UNITED STATES

Filed 05/12/2005
Military Pay; Motion to Dismiss; Statute of Limitations, 28 U.S.C. § 2501 Signed by Judge Horn.

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