USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago

09-442C • RICKIE J. YOUNG, v. THE UNITED STATES,

Filed 04/22/2010
Motion to Dismiss; Claim Preclusion; Final Judgment on the Merits; Jurisdiction; Issue Preclusion; Statute of Limitations; 10 U.S.C. § 1174 Signed by Judge Sweeney.

10-109C • SHAMROCK FOODS COMPANY, v. THE UNITED STATES,

Filed 04/22/2010
Post-Award Bid Protest; Standing of Non-Bidder; Waiver of Right to Protest Solicitation Term Signed by Judge Bush.

10-174C • JONES AUTOMATION, INC., v. THE UNITED STATES,

Filed 04/22/2010
Bid protest case; Application for a temporary restraining order; Injunctive factors; No likelihood of success on the merits where extreme likelihood that court lacks jurisdiction; Issuance of restraining order not in the public's interest; Other factors did not counterbalance court's findings; Application denied Signed by Judge Allegra.

09-378C • OMAR 'ADBEL-AL-MU'MIT, AKA JOHN JAMES BELL, v. THE UNITED STATES

Filed 04/19/2010
Pro Se Standard; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Military Back-Pay; Claim Time-Barred by Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Smith.

08-12C • JEROME A. MAHER, et al., v. THE UNITED STATES,

Filed 04/19/2010
Res Judicata: A party is barred from relitigating a claim, even if it is brought under a different legal theory, where the earlier action involved the same parties, arose from the same transaction, and necessarily resolved the issues presented in the subsequent action Signed by Judge Wiese.

09-473C • METROPOLITAN VAN AND STORAGE, INC., v. UNITED STATES, v. GUARDIAN MOVING AND STORAGE CO., INC.,

Filed 04/16/2010
Post-Award Bid Protest; Low Price Technically Acceptable Offeror; Mootness; Past Performance; Technical Evaluation; Price Evaluation Signed by Judge Horn.

08-889T & 09-55T • PAM SCHULTZ, & KELLI SILVER, as Personal Representative of the Estate of Bill W. Parsons, v. THE UNITED STATES,

Filed 04/16/2010
Internal Revenue Code § § 165(a), 6511(d), 7422; tax refund suit; statute of limitations; evidentiary hearing; jurisdiction Signed by Judge Williams.

09-471C • MARK D. LEITNER, v. THE UNITED STATES,

Filed 04/16/2010
Pro Se Standard; Motion to Dismiss;Subject Matter Jurisdiction; RCFC 12(b)(1) Signed by Judge Smith.

09-208C • TIMOTHY O. HOLMES, v. THE UNITED STATES,

Filed 04/15/2010
Motion to Dismiss for Breach of Contracts Granted Because Settlement Agreements Did Not Mandate Payment of Money for Breach and Statutes of Limitation Have Expired Signed by Judge Hewitt.

09-63C • U.S. HOME CORPORATION, BEECHWOOD AT EDISON, LLC, BEECHWOOD SHOPPING CENTER, LLC, v. THE UNITED STATES,

Filed 04/15/2010
Contracts; 28 U.S.C. § 1500(2006); Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § § 9601-9675 (2006); RCFC 12(b)(1); RCFC 12(b)(6); Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion; No Exclusivity of CERCLA Remedies for Breach of Deed Covenants; Jurisdiction over Breach of Implied-in-Fact Contract Claim; No Money-Mandating Statute Signed by Judge Bush.

03-785L, 04-1456L, 04-1457L, 04-1458L, 04-1459L, 04-1463L, 04-1465L,04-1466L, 04-1467L, 04-1468L, 04-1469L, 04-1471L, 04-1472L, 04-1473L, 04-1474L • WARREN BERES and VICKI BERES, et al., v. UNITED STATES,

Filed 04/12/2010
Fifth Amendment Takings Claim; Rails to Trails; Rooker-Feldman Doctrine; Collateral Estoppel; Privity; Virtual Representation Signed by Judge Horn.

08-830C • MIKE'S CONTRACTING , LLC, v. THE UNITED STATES,

Filed 04/12/2010
Motion for Summary Judgment; Fifth Amendment Taking; Personal Property; No Property Interest in Airworthiness Certificate or Commercial use of Aircraft; No Jurisdiction over Tort Claim Signed by Judge Firestone.

06-87L • SCHOONER HARBOR VENTURES, INC., v. UNITED STATES,

Filed 04/10/2010
Fifth Amendment Takings Claim; Motion to Dismiss; Ripeness; Futility Signed by Judge Horn.

05-249C • NYCAL OFFSHORE DEVELOPMENT CORP., v. THE UNITED STATES,

Filed 04/09/2010
Election of Remedies; Forced Election; Indivisible Contract;Inconsistent Remedies; Restitution; Expectancy Damages Signed by Judge Bruggink.

09-750C • INFINITI INFORMATION SOLUTIONS, LLC, v. UNITED STATES,

Filed 04/09/2010
Protest of an award made pursuant to Section 8(a) of the Small Business Act,15 U.S.C. § 637; applicability of 13 C.F.R. § 124.503(e); statement of work released; illegal sole source Signed by Judge Lettow.

09-237C • THE LEGAL AID SOCIETY OF NEW YORK, v. THE UNITED STATES,

Filed 04/08/2010
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Breach of Contract; Meeting of the Minds; Intent to Contract; Ancillary Equitable Relief Signed by Judge Firestone.

10-120C • ALLIED TECHNOLOGY GROUP, INC., v. UNITED STATES, and MONSTER GOVERNMENT SOLUTIONS, LLC, Defendant-Intervenor

Filed 04/02/2010
Post-award Bid Protest ; Supplementing the Administrative Record; RCFC, Appendix C, ¶ 22(u); Effective Judicial Review; Documents Before the Contracting Officer; Exclusion of Opinion Declarations Prepared After Award Signed by Judge Wheeler.

09-514T • KERRY LYNN EDWARDS, v. THE UNITED STATES,

Filed 03/31/2010
Motion to Dismiss; Claim for Individual Tax Refund; Informal Claim Doctrine; Form 4868: "Application for Automatic Extension of Time To File U.S. Individual Income Tax Return" Signed by Judge Hewitt.

04-74C c/w 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. THE UNITED STATES,

Filed 03/30/2010
Trial Decision on Remand; Damages for Government's Partial Breach of Contract to Accept Spent Nuclear Fuel; Mandate Rule Signed by Judge Hewitt.

09-392C • PAUL M. DEAN, JR., v. THE UNITED STATES,

Filed 03/29/2010
RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Wrongful Discharge Claim; Military Pay Act, 37 U.S.C. § 204; Disability Retirement Claim; 10 U.S.C. § 1201; Administrative Procedure Act, 5 U.S.C. § § 701-706; Equitable Tolling; Tolling of Statute of Limitations Due to Legal Disability or Mental Impairment; Chambers; Friedman; Goewey; Martinez; Real; Ware; Servicemembers Civil Relief Act, 50 U.S.C. app. § 526; Diamond; "Active Duty"; DD Form 214; 10 U.S.C. § 1211; Binding Precedent Signed by Judge Sweeney.

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