USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 12 hours 53 min ago
General Jurisdiction (Reported)
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04-1524C • LEONARD E. CASSELLA, v. THE UNITED STATES

Filed 10/19/2005
Public Safety Officer's Benefit Act, 42 U.S.C. § 3796; definition of "law enforcement officer" and "in the line of duty" Signed by Judge Futey.

02-879T • FLEETBOSTON FINANCIAL CORPORATION, v. THE UNITED STATES

Filed 10/19/2005
Tax refund suit; Cross-motions for summary judgment; Credit elect under section 6402(b) of the Code; Interest on subsequently-determined deficiency;
Net operating losses; Time credit-elect is considered payment under sections 6402(b) and 6513(d) of the Code; "Use of money" concept; Seeley and Koppers; Avon Products; May Department Stores; Marsh & McLellan; Recovery denied Signed by Judge Allegra.

02-1134C • CARABETTA ENTERPRISES, INC., et al.,v. THE UNITED STATES

Filed 10/19/2005
Low-Income Housing; ELIHPA; LIHPRHA; Section 236 Program; National Housing Act; Post-Breach Evidence; Expectancy Damages; Tax Gross-Up; Repayment Agreement; Preservation Letter;
Mitigation; Use Agreements Signed by Judge Hodges.

92-580C • SPARTON CORPORATION, v. THE UNITED STATES

Filed 10/19/2005
Claim construction; means plus function claim limitations; 35 U.S.C. § 112, paragraph 6; sonobuoy deployment system Signed by Judge Damich.

0-56C • JOHN W. BULL, ET AL., v. THE UNITED STATES (0

Filed 10/14/2005
Motion to Clarify Decision [of September 27, 2005 Opinion and Order]: Whether an Individual Representative FLSA Plaintiff is Entitled to an Award of Reasonable Compensation When His Individual Claim Involves Less Time Than the
Reasonable Time on Which the Award of Reasonable Compensation is Based Signed by Judge Hewitt.

05-711C • ASIA PACIFIC AIRLINES, v. THE UNITED STATES

Filed 10/14/2005
Pre-award bid protest; motion for judgment upon the administrative record; U. S. Postal Service's solicitation of offers for inter-island carriage of mail in Hawaii;
equitable relief Signed by Judge Lettow.

05-866C • TRANSATLANTIC LINES LLC, v. THE UNITED STATES

Filed 10/13/2005
Post-Award Bid Protest; Injunctive Relief;   Prejudicial Error in the Procurement Process; Administrative Dispute Resolution Act of 1996; Standing; "Interested Party"; "Zone of Active Consideration"; Small Business Set-Aside
Contract; 15 U.S.C. § 644(o); 13 C.F.R. § 125.6(a);   Limitations on Subcontracting Clause; FAR § 52.219-14; AO Timeliness Rule; 4 C.F.R. § 21.2(a)(1) Signed by Judge Hodges.

05-867C • GROUP SEVEN ASSOCIATES, LLC, v. THE UNITED STATES

Filed 10/13/2005
Post-Award bid protest;
28 U.S.C. §1491(b)(1);
Jurisdiction to reviewtask order awards;
Alternate proposals Signed by Judge Bruggink.

05-731C • ARGENCORD MACH. & EQUIP., INC., v. THE UNITED STATES

Filed 10/07/2005
Post-award Bid Protest;
FAR 15.208; FAR 15.206(e);
Late Proposal; Amendment of Solicitation; Cancellation of Solicitation; Permanent Injunction Signed by Judge Williams.

05-592V • NICHOLAS BERNHARDT, by his father and next best friend, JOHN BERNHARDT, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVI

Filed 10/06/2005

NICHOLAS BERNHARDT, by his father and next best friend, JOHN BERNHARDT, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (05-592V)

Vaccine Act: A challenge to a non-custodial parent's right to sue on behalf of a minor child implicates this court's
jurisdiction under the Vaccine Act and, as such, presents an issue that must be decided before proceedings are permitted to continue. The court's jurisdiction under the Vaccine Act is not confined to review of a special master's decision but rather extends to all determinations of a special master for which relief may be sought under Rule 60(b). Where a petitioner's purpose in filing a voluntary dismissal is frustrated by a retroactive change in procedure, the
court has authority under Rule 60(b)(6) to vacate the dismissal and reinstate the petition.

Signed by Judge Wiese.

05-205C & 05-20501C • FIRE-TROL HOLDINGS, LLC, v. THE UNITED STATES

Filed 10/04/2005
Post-award bid protest; Arbitrary and Capricious, Motion to Reconsider RCFC 59 Signed by Judge Smith.

03-2478C • REMEDIATION CONSTRUCTORS, INC., v. THE UNITED STATES

Filed 09/30/2005
Breach of Contract;
Default Termination;
Equitable Adjustment;
Jurisdiction; Partial Summary Judgment;
RCFC 56(c); RCFC 15(d);
Supplemental Pleadings Signed by Judge Braden.

05-904C • OTI AMERICA, INC., v. THE UNITED STATES

Filed 09/30/2005
Deselection bid protest; multiple-award contracts with the Government Printing Office for development of electronic passport covers, preparation and testing of prototypical covers, and production of such covers; motion to dismiss; 28 U.S.C. § 1491(b)(1); bid-protest jurisdiction where multiple contracts are used to conduct a procurement competition; motion for discovery to supplement the administrative record of the procurement Signed by Judge Lettow.

05-578T • RICHARD N. WADLINGTON, v. THE UNITED STATES

Filed 09/28/2005
Tax Refund Suit; Statute of Limitations, 26 U.S.C. § 6511; Equitable Tolling Signed by Judge Hodges.

02-197 • ADVANCED TEAM CONCEPTS, INC. ,v. THE UNITED STATES

Filed 09/28/2005
Implied-In-Fact Contract;
Authority to Bind Government; Mutual Intent; Christian Doctrine Signed by Judge Smith.

05-107C • UNITED PACIFIC INSURANCE CO., RELIANCE INSURANCE CO., and RELIANCE NATIONAL, v. THE UNITED STATES

Filed 09/28/2005
Action by Surety; Equitable Subrogation; Illegal Contract; Void ab initio Signed by Judge Firestone.

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

Filed 09/27/2005
Trial; Fair Labor Standards Act, 29 U.S.C. § § 201-219 (2000); Claims for Activities Performed Off Duty; Reasonableness of Time Claimed; Applicable Statute of Limitations Signed by Judge Hewitt.

03-2783C • ROBERT M. MODEER and EMILY W. MODEER, v. THE UNITED STATES

Filed 09/26/2005
Motion to Dismiss, RCFC 12(b)(1); Motion for Summary Judgment, RCFC 56; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2000); Sum Certain, FAR 52.233-1; New Claim; Certified Claim; Lease Agreement; Holdover Tenancy; Application of Federal Law; Interest Signed by Judge Bush.

05-263C • KEVIN TRUDEAU, v. THE UNITED STATES

Filed 09/26/2005
Subject matter jurisdiction, breach of contract, stipulated order settling Federal Trade Commission enforcement action, sovereign capacity, proprietary capacity, Kania, Sanders Signed by Judge Miller, G..

01-591L • KLAMATH IRRIGATION DISTRICT, ET AL., v. THE UNITED STATES

Filed 09/23/2005
Motion for extension of time to file motion for reconsideration; RCFC 59(b); Timing of motion for reconsideration where no judgment filed; RCFC 59(a)(1) Signed by Judge Allegra.

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