USCFC General Jurisdiction-Reported

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99-515C • HENRY L. CHISOLM, JR., v. THE UNITED STATES

Filed 04/26/2005
Military back pay; remedy;
remand to Corrections Board to make record corrections; remand to Special Selection Board to make promotion determination Signed by Judge Margolis.

99-591C, 00-437C, 00-438C & 00-439C • CEMS, INC., v. THE UNITED STATES

Filed 04/22/2005
Equal Access to Justice Act, 28 U.S.C. § 2412; Cost Of Living Adjustment Signed by Judge Horn.

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

Filed 04/22/2005
RCFC 26(b); Relevance;
Executive Privilege;
Requirement that Head of the Agency Assert Executive Privilege;
Delegation of Authority to Assert Executive Privilege;
Treasury Regulation 1.701-2; IRS Notice 2000-44;
26 U.S.C. 701; At-issue Waiver of Privileges Signed by Judge Williams.

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

Filed 04/22/2005
Motion to Quash Subpoena; RCFC 45(c)(3); Relevance; RCFC 26(b); 26 U.S.C. § 6103 Signed by Judge Williams.

03-2670C • HUNTLEIGH CORPORATION v. THE UNITED STATES

Filed 04/21/2005
Takings; Transportation Security Act; federal takeover of airport security screening; motion for reconsideration Signed by Judge Margolis.

01-576C • JOHN DOE v. THE UNITED STATES

Filed 04/21/2005
Moiety Claim, 19 U.S.C. § 1619; Omnibus Anti-Drug Act, 19 U.S.C. § 1619(a);
Purchase of Information Award Signed by Judge Braden.

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

Filed 04/21/2005
Nuclear Waste Fund;
Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.; RESTATEMENT (SECOND) OF CONTRACTS § 152 (Mutual Mistake); RESTATEMENT (SECOND) OF CONTRACTS § 272 (Impracticability of Performance);Restitution; 10 C.F.R. § 961.11 at Art. II;10 C.F.R. § 961.2 Signed by Judge Braden.

03-2623C • SYSTEM FUELS, INC., on its own behalf and as an agent for ENTERGY ARKANSAS, INC., v. THE UNITED STATES

Filed 04/20/2005
Spent nuclear fuel cases; motion to dismiss;
takings; real party in interest; RCFC 17(a);
relation back; RCFC 15(c); motion for summary judgment; Nuclear Waste Policy Act of 1982; conditions to contracts;
excusing conditions to contracts; Restatement (Second) Contracts § § 224, 269; collateral estoppel; exceptions to
the rules of merger and bar; Restatement
(Second) Judgments § 26 Signed by Judge Lettow.

02-306C • RENDA MARINE, INC., v. THE UNITED STATES

Filed 04/19/2005
Trial; Motion to Amend Pleading, RCFC 15(b); Limits of This Court's Jurisdiction Under 41 U.S.C. § § 605-609 (2000) Signed by Judge Hewitt.

02-1454T • MICHAEL J. WALKER, ET AL., v. THE UNITED STATES

Filed 04/13/2005
Attorney's Fees pursuant to 26 U.S.C. § 7430; whipsaw; substantial justification Signed by Judge Yock.

02-21L • JAMES A. HANSEN, v. THE UNITED STATES

Filed 04/11/2005
Fifth Amendment; Tucker Act;Takings Jurisdiction; Distinction Between Torts and Takings; Standing; Ripeness; Motion to Dismiss; Summary Judgment Signed by Judge Block.

99-591V • ANN MARIE RYMAN, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/08/2005
National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1-300aa-34; hepatitis B vaccination; rheumatoid arthritis;
indirect causation; Stevens factors; preponderance of evidence Signed by Judge Wolski.

04-166C • GEMINI ELECTRONICS, INC., v. THE UNITED STATES

Filed 04/08/2005
Breach of Contract; United States Postal Service;
Telecommunications Service Agreement;
Authority to Contract; Parol Evidence Signed by Judge Horn.

02-2050V, ETC., • JOSEPH D. and THERESA P. HERBERT, ETC., v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/08/2005
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300aa-1 et seq.; Statute of Limitations; State Minority Tolling Signed by Judge Baskir.

05-205 • FIRE-TROL HOLDINGS, LLC, v. THE UNITED STATES HUNOT RETARDANT CO. and ASTARSIS LLC, Defendant/Intervenors

Filed 04/06/2005
Pre-Bid Protest Award; Arbitrary and Capricious; 41 U.S.C. § 253 Signed by Judge Smith.

05-377C • CLIENT NETWORK SERVICES, INC., v. THE UNITED STATES CATAPULT TECHNOLOGY, LTD.,Intervenor

Filed 04/06/2005
RCFC 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; Tucker Act; Bid Protest Signed by Judge Smith.

01-254C & 01-442C • CONSOLIDATION COAL COMPANY, ET AL., & RAPOCA ENERGY COMPANY, LLC, v. THE UNITED STATES

Filed 04/04/2005
Summary judgment; Surface Mining Control and Reclamation Act, 30 U.S.C. § § 1200-1328; Constitutionality of reclamation fees as applied to exports; Export Clause; Commerce Clause Signed by Judge Futey.

02-1393T • JOSE D. SALZILLO v. THE UNITED STATES

Filed 04/04/2005
Tax refund suit; I.R.C. § 6672(a) -Responsible officer penalty; Responsible person; I.R.C. § 6671(b); More than one possible responsible person; Instructions from a superior not to pay taxes ineffective in avoiding liability; Impact of other controls to prevent employee from effectuating payment to the IRS; Proper role of responsibility factors; Facts reveal no effective power to pay; Corporate vice-president not a responsible person. Signed by Judge Allegra.

93-648X • LAND GRANTORS IN HENDERSON, UNION, and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS, v. THE UNITED STATES

Filed 04/01/2005
Claim Preclusion;
Congressional Reference;
Declaration of Takings Act,
40 U.S.C. § 258(a), et seq.; Federal Property and Administrative Services Act of 1949, 40 U.S.C. § 471, et seq.; Laches; Mutual Mistake; Restitution; S. Res. 794; Statute of Limitations; Surplus Property Act of 1944, 58 Stat. 765; War Purposes Act, (codified as amended,
50 U.S.C. § 171) (repealed 1956); Tucker Act, 28 U.S.C. § 1491, et seq.;
28 U.S.C. § 2509
Signed by Judge Braden.

03-2809L • RENEWAL BODY WORKS, INC., a corporation, v. THE UNITED STATES

Filed 04/01/2005
National Trails System Act; Rails-to-Trails Act; 16 U.S.C. § 1241 et seq.; 49 C.F.R. § 1152.29; Accrual of Takings Claims; Motion for Judgment on the Pleadings; RCFC 12(c); Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 2501 Signed by Judge Miller, G..

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