USCFC General Jurisdiction-Reported

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04-1496C • BRUCE E. ZOELLER, v. THE UNITED STATES

Filed 05/12/2005
Motion to Dismiss; Lease of Government Land; Breach of Contract; Fifth Amendment Taking; Election of Forum; Res
Judicata Signed by Judge Horn.

04-118C • ROCHESTER GAS AND ELECTRIC CORPORATION, v. THE UNITED STATES

Filed 05/12/2005
Motion to substitute; RCFC 25(c); Section 302(b)(3) of the Nuclear Waste Policy Act of 1982; supersession of the Assignment of Contracts Act and the Assignment of Claims Act; partial assignment; Restatement (Second) Contracts § 326; joinder; RCFC 20(a) Signed by Judge Lettow.

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

Filed 05/12/2005
Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2); 26 U.S.C. § 6103 Signed by Judge Williams.

04-1560C • ACADIA TECHNOLOGY INC., AND GLOBAL WIN TECHNOLOGY, LTD. v. THE UNITED STATES

Filed 05/11/2005
United States Customs Service; 19 U.S.C. 1526(e); Counterfeit Certification Marks; Illegal Exaction;
Fifth Amendment Taking; Police Power;
Anticounterfeiting Consumer Protection Act of 1996 Signed by Judge Hodges.

04-1418C • CHAPMAN LAW FIRM CO., v. THE UNITED STATES

Filed 05/10/2005
Attorney fees; Equal Access to Justice Act; amendment of application; override of stay during General Accountability Office bid protest Signed by Judge Merow.

03-2470C • ANTHONY J. BROOKS v. THE UNITED STATES - ERRATA

Filed 05/05/2005
Public Health Service Commissioned Corps;
42 U.S.C. § 206(b) and special temporary positions; ministerial acts; deference to military judgment; revocation of
appointment; power to remand Signed by Judge Wolski.

05-228C • ORCA NORTHWEST REAL ESTATE SERVICES, v. THE UNITED STATES and HARRINGTON, MORAN, BARKSDALE, INC. Intervenor

Filed 05/02/2005
Post-Award Bid Protest;
Contract Award Reevaluation Signed by Judge Bruggink.

01-56C • JOHN W. BULL, ET. AL., v. THE UNITED STATES

Filed 05/02/2005
Motion in Limine; Fair Labor Standards Act (FLSA); 29 U.S.C. § § 201-219 (2000); Whether Terms of National Treasury Employees Union Collective Bargaining Agreement Waived Claims under FLSA for Work Not "Specifically Ordered or Authorized" Signed by Judge Hewitt.

02-1894C • CONSUMERS ENERGY COMPANY, v. THE UNITED STATES

Filed 04/29/2005
Spent Nuclear Fuel; Nuclear Waste Policy Act; Standard Contract; One-Time Fee; Condition (condition precedent); Delivery Commitment Schedule (DCS); Recoupment; Contract Liability Signed by Judge Damich.

00-660C • SARAH E. KING, v. THE UNITED STATES

Filed 04/29/2005
Review of reconsideration decision of Air Force Board for Correction of Military Records; Survivor Benefit Plan, 10 U.S.C. § § 1447-55; election of former spouse coverage; fraud; proper reconsideration procedure Signed by Judge Wolski.

91-1550C • THE GLOBE SAVINGS BANK, F.S.B., and PHOENIX CAPITAL GROUP, INC., v. THE UNITED STATES

Filed 04/29/2005
Winstar-related case; expectancy damages; Restatement (Second) Contracts § 347; lost profits; incidental losses Signed by Judge Lettow.

99-294C • C. H. GUERNSEY & CO., v. THE UNITED STATES

Filed 04/29/2005
Contract Disputes Act, 41 U.S.C. § 609;
The Tucker Act, 28 U.S.C. § 1491(a)(2);
28 U.S.C. § § 1503, 2508;
41 U.S.C. § 605(c)(1);
48 C.F.R. § 2.101 Signed by Judge Braden.

02-1183C • DANIEL L. AULL, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/29/2005
National Childhood Vaccine Injury Act; State court negligence proceeding Signed by Judge Bruggink.

02-953C • RILEY CONSTRUCTION COMPANY, v. THE UNITED STATES

Filed 04/28/2005
Contract Disputes Act; Equitable Adjustment;
Forfeiture of Fraudulent Claims, 28 U.S.C. § 2514; Fraud Provision of the Contract Disputes Act, 41 U.S.C. § 604; False Claims Act, 31 U.S.C. § 3729; "Knowingly"; "Deliberate Ignorance";
"Reckless Disregard"; Incurred Costs;
Architecture and Engineering Fees;
Bid-Design-Build Project; Signed by Judge Hodges.

03-1798C • AMERICAN RENOVATION AND CONSTRUCTION COMPANY, v. THE UNITED STATES

Filed 04/28/2005
Motion to Intervene; RCFC 24; ancillary jurisdiction; what constitutes a legally protectable interest; subject matter jurisdiction;
third party practice in the Court of Federal Claims Signed by Judge Damich.

05-228C • ORCA NORTHWEST REAL ESTATE SERVICES, v. THE UNITED STATES and HARRINGTON, MORAN, BARKSDALE, INC. Intervenor

Filed 04/28/2005
Post-Award Bid Protest;
Contract Award Reevaluation; Responsibility Determination; 48 C.F.R. § 15.306(d)(3) Discussions Signed by Judge Bruggink.

90-162C • STEPHEN ADAMS, ET. AL., v. THE UNITED STATES

Filed 04/27/2005
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2000);
Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-62 (2000); Employee Commuting Flexibility Act of 1996, 29 U.S.C. §254(a) (2000); Home to Work Travel Time; Integral and Indispensable Part of Employee's Principal Work Activities; Employer's Custom or Practice of Compensating Commuting Time, De Minimis Rule; Federal Personnel Manual
Letter No. 551-10 (Apr. 30, 1976) Signed by Judge Bush.

90-162C • STEPHEN ADAMS, ET. AL., v. THE UNITED STATES

Filed 04/27/2005
Overtime Pay; Administrative Exemption, Fair Labor Standards Act, 29 U.S.C. §213(a)(1) (2000); Primary Duty Test, 5 C.F.R. § 551.206 (2005); Alternative Primary Duty Test, 5 C.F.R. § 551.104 (2005); Law of the Case Signed by Judge Bush.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, v. THE UNITED STATES and FEDERAL DEPOSIT INSURANCE ...

Filed 04/27/2005

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

(95-523C)

Causation;
Motion for Reconsideration;
RESTATEMENT (SECOND) OF CONTRACTS,
§ § 24, 50(1), 349;
Winstar-related case;
RCFC 8(c), 12(b), 59

Signed by Judge Braden.

04-1707C • LABAT-ANDERSON, INC., v. THE UNITED STATES

Filed 04/26/2005
Bid Protest; Declaratory Judgment; Injunctive Relief; 28 U.S.C. § 1491(b)(1);
Jurisdiction; Standing; "Interested Party";
"Actual or Prospective Bidder or Offeror";
10 U.S.C. § 2462; Executive Order 12,615;
32 C.F.R. Parts 169, 169a; Circular A-76; In-House Conversion without Resolicitation;
Public/Private Cost Comparison;Interim Government Operation Signed by Judge Hodges.

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