USCFC General Jurisdiction-Reported

Post-trial decision on claims for breach of contract and of a taking arising from statutory recisson of a prepayment right for a mortgage attendant to a government-subsidized low- and moderate-income housing project; Emergency Low Income Housing Preservation Act of 1987; Low Income Housing Preservation and Resident Homeownership Act of 1990; privity of contract; Penn Central takings analysis; duration of restriction; reasonable investment-backed expectations; economic impact of the governmental action; just compensation Signed by Judge Lettow.

Bid Protest; 5 U.S.C. § 706; Arbitrary and Capricious, Abuse of Discretion, and Otherwise Not in Accordance with Law Standard; Rational Basis; Service Contract Act, 41 U.S.C. § 351; 48 C.F.R. § 52.222-46; 48 C.F.R. § 22.1103; Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007) Signed by Judge Smith.

Military pay; review of military correction board action; disability pay; simultaneous processing requirement; Army Reg. 600-8-24 ¶ ¶ 1-22, 1-23; Army Reg. 635-40 ¶ 4-4; whether Army required to retain service member for disability processing after Secretary of the Army approved his general discharge; harmless error. Signed by Judge Miller, C..

Review of special master's decision; National Childhood Vaccine Injury Act, 42 U.S.C. § § 300 aa-1 et seq.; damages for parent's lost wages; expenses of home attendant; compensating parent for caring for child; motion for relief from judgment; RCFC 60(b)(6); extraordinary circumstances; deterioration in health of child Signed by Judge Miller, G..

Pre-Award Bid Protest; Review of Procurement for Indefinite Delivery, Indefinite Quantity (IDIQ) Job Order Contract; Price Realism Analysis; Meaningful and Fair Discussions. Signed by Judge Bush.

Army Regulation, 40-501 (Standards of Medical Fitness); Correction of Military Records; Disability Retirements; DOD Directive 1332.18; Judgment on the Administrative Record, RCFC 52.1; Justiciability; Pro Se; Statute of Limitations; Tucker Act, 28 U.S.C. § 1491(a); 10 U.S.C. § 1201(a); 10 U.S.C. § 1552(b); 38 U.S.C. § § 110, 1130. Signed by Judge Braden.

Claim by detained foreign national for damages for allegedly unlawful seizure of personal property; subject matter jurisdiction; application of 28 U.S.C. § 1500 Signed by Judge Lettow.

Pre-award bid protest coupled with a claim for damages under the Contract Disputes Act; bifurcation; stay of filing an answer; supplementation of the administrative record Signed by Judge Lettow.

Tax Refund Suit; Sale In/Lease Out (SILO) Tax Shelters; Depreciation and Interest Deductions; Substance Over Form Doctrine; Genuine Indebtedness; Economic Substance. Signed by Judge Wheeler.

Rails-To-Trails Case; National Trails System Act, 16 U.S.C. § § 1241-51 et seq. (2006); National Trails System Act Amendments of 1983, Pub. L. No. 98-11, § 208, 97 Stat. 42, 48; Railroad Revitalization and Regulatory Reform Act of 1976; U.S. Const. Amend V, Just Compensation Clause; 28 U.S.C. § 1491(a)(1) (2006); 45 U.S.C. § 801 (2006); 49 U.S.C. § 702 (2006); 49 U.S.C. § 10502 (2006); 49 U.S.C. § 10903 (2006); 49 C.F.R. § 1152.29(a), (d)(1); 49 C.F.R. § 1121.4(b); RCFC 20, Permissive Joinder; RCFC 23, Class Certification; RCFC 40.2(b), Indirectly Related Cases. Signed by Judge Braden.

Vaccine Act § 16(a)(2); Timeliness of Petition; Autism. Signed by Judge Williams.

Motion to Dismiss for Lack of Subject Matter Jurisdiction; Tort; Due Process; Pro Se Plaintiff; 28 U.S.C. § 1498(b). Signed by Judge Horn.

Bid Protest; Negotiated Procurement; Cancellation; 28 U.S.C. § 1491; Standing; Interested Party; Justiciability; Ripeness; Mootness; RCFC 15; Supplemental Pleading Signed by Judge Block.

Damages; Breach of Contract; No Prejudgment Interest Signed by Judge Smith.

Takings claims for flooding and flood damage; stabilization doctrine; accrual suspension rule; motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); statute of limitations, 28 U.S.C. § 2501 (2006); motion to dismiss for failure to state a claim upon which relief can be granted, RCFC 12(b)(6) Signed by Judge Miller, C..

Acceptance Rate Under The Standard Contract; Causation; Greater Than Class C Waste,10 C.F.R. § 61.55(a)(2); Spent Nuclear Fuel Case Signed by Judge Braden.

When the Government Declines to Exercise an Option to Extend an Existing Contract, the Government's Decision May Not be Challenged Under the Administrative Dispute Resolution Act, 28 U.S.C. § 1491(b)(1) Signed by Judge Hewitt.

Spent Nuclear Fuel; Standard Contract; "But for" test; 1987 Acceptance Capacity Schedule (ACS); Annual Priority Ranking (APR); SAFSTOR; Exchanges Provision; Failed Fuel; ISFSI; Overhead and G&A; Reactor Pressure Vessel (RPV); Private Fuel Storage (PFS) Signed by Judge Damich.

Motion to Dismiss, RCFC 12(b)(1) & 12(b)(6); No Jurisdiction Over Tax and Constitutional Claims; Failure to State a Claim; Failure to State a Claim for an Express or Implied-in-Fact Contract; Confidential Source Agreement Signed by Judge Firestone.

Bid Protest; SDVOSB Set-Aside; Multiple Solicitations Under Single Source Selection Authority; Pre-Award Re-Evaluation; Failure to Show Abuse of Discretion Signed by Judge Firestone.