USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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00-773L • CITY OF GETTYSBURG, SOUTH DAKOTA v. THE UNITED STATES

Filed 03/16/2005
Motion for Summary Judgment RCFC 56; Fifth Amendment Takings Claim; Section 10 Permit under the Rivers and Harbors Appropriation Act, 33 U.S.C. §403; Validity of Easement; Applicability of Release Clause; Equitable Estoppel; Contract of Adhesion Signed by Judge Bush.

04-654T • RICHARD HAMZIK, v. THE UNITED STATES

Filed 03/14/2005
Tax refund suit; Lack of jurisdiction; Claim for refund requirement - 26 U.S.C. §7422(a); Exhaustion rule -- 26 U.S.C. §6532(a)(1); Properly executed return as refund claim - 26 C.F.R. § 301.6402-3(a)(5) (2004); Plaintiff's Form 1040, which did not provide proper information, not a return and thus not a claim for refund; Case dismissed for lack of jurisdiction Signed by Judge Allegra.

04-1783C • MANSON CONSTRUCTION CO., v. THE UNITED STATES & B + B DREDGING CO.,Intervening-Defendant

Filed 03/14/2005
Post-award bid protest; Cross-motions for judgment on the administrative record;
Dredging contract; 33 U.S.C. § 624 (2000) - 25 percent rule; HUBZone Small Business program - 10 percent evaluation preference; Agency discretion to review and revise initial government estimate;
Bean Dredging Corp - disagreed with, in part; Agency did not act in arbitrary and capricious fashion in reviewing and then revising its estimate to reflect higher diesel prices; Relief denied Signed by Judge Allegra.

03-2622C • ENTERGY NUCLEAR INDIAN POINT 2, LLC v. THE UNITED STATES

Filed 03/09/2005
Spent nuclear fuel case; standing; motion for summary judgment; RCFC 56; partial breach of contract; Nuclear Waste Policy Act of 1982; exception to rules of merger and bar for damages from partial breach; Restatement (Second) Judgments § 26 Signed by Judge Lettow.

00-212C • RONALD ANDERSON, ET AL., v. THE UNITED STATES

Filed 03/09/2005
Federal Aviation Administration employment authority; appointed and contractual government employees;
authority of government representatives to contract; 49 U.S.C. § 106; "housekeeping statute" Signed by Judge Wolski.

99-0160V • ELIZABETH O. SCHNEIDER, as natural mother and guardian of her son, JOHN R. SCHNEIDER, Petitioner, v. SECRETARY OF THE ...

Filed 03/08/2005

ELIZABETH O. SCHNEIDER, as natural mother and guardian of her son, JOHN R. SCHNEIDER, Petitioner,   v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES  

(99-0160V)  

Vaccine Act: The special master's decision denying compensation is upheld where: (i) the evidence failed to support petitioner's assertions that she was directed to proceed to a hearing without the benefit of counsel and with a hostile witness; (ii) the special master properly rejected a discovery request that required the initiation of a scientific study to examine the relationship between alleged neurological injuries and a protease inhibitor used in the manufacture of the Hepatitis B vaccine;
and (iii) the record offered no evidence to support petitioner's claim of vaccine-caused anaphylactic shock

Signed by Judge Wiese.

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

Filed 03/08/2005
Jurisdiction, 28 U.S.C. § 1500, Motion to Dismiss Signed by Judge Smith.

00-315C • GARY L. AARON, ET AL.,v. THE UNITED STATES

Filed 03/07/2005
Federal Employees Overtime Pay; Motion to Dismiss Bankrupt Plaintiff;
Motion to Substitute Bankruptcy Trustee as Real Party in Interest;
RCFC 17(a); Judicial Estoppel Signed by Judge Bruggink.

01-533C • TRANS METRO CONSTRUCTION v. THE UNITED STATES

Filed 03/07/2005
Signed by Judge Baskir.

99-0160V • CITIZENS FINANCIAL SERVICES, FSB f/k/a CITIZENS FEDERAL SAVINGS and LOAN ASSOCIATION v. THE UNITED STATES

Filed 03/07/2005
Winstar-related case; Trial on Lost Profits; Foreseeability; Causation;
Reasonable Certainty Signed by Judge Firestone.

02-250C • SUNSHINE CONSTRUCTION AND ENGINEERING, INC., v. THE UNITED STATES

Filed 03/04/2005
Contracts; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2000); patent ambiguity; critical path delay; liquidated damages Signed by Judge Miller, C..

03-2626C • ENTERGY NUCLEAR GENERATION CO., v. THE UNITED STATES

Filed 03/03/2005
Spent nuclear fuel case; standing; motion for summary judgment; RCFC 56; Nuclear Waste Policy Act of 1982; exception to rules of merger and bar for damages from partial breach; Restatement (Second) Judgments § 26 Signed by Judge Lettow.

03-465C • MARK DUNNING INDUSTRIES, INC., v. THE UNITED STATES

Filed 03/02/2005
Post-award bid protest; SBA HUBZone Small Business concern; requirements for HUBZone status; principal office determination Signed by Judge Margolis.

01-495C • KENT CHRISTOFFERSON, ET. AL., v. THE UNITED STATES

Filed 02/28/2005
Civilian Pay; FLSA and FEPA Overtime Pay;
Tolling of FLSA' s Limitations Period ;
FEPA's "Ordered and Approved in Writing" Requirement; FLSA's Executive Exemption Signed by Judge Bruggink.

01-291L • KLAMATH IRRIGATION DISTRICT, ET. AL., v. THE UNITED STATES

Filed 02/28/2005
Takings and contract case involving waters of the Klamath Basin; Motion to intervene, as of right, under RCFC 24(a)(2); 1966 amendments to Fed. R. Civ. P. 24(a); Practical impairment; Impact of stare decisis in impairing or impeding putative intervenor's interests; Types of "interests" covered by RCFC 24(a); Commercial fishing interests; American Maritime - proper interpretation; Rejection of artificial barriers to intervention as devoid of substance; Adequate representation;
Intervention of PCFFA allowed Signed by Judge Allegra.

03-794C • PINE RESIDENTIAL TREATMENT, CENTER, INC., v. THE UNITED STATES

Filed 02/24/2005
Motion to Dismiss for Lack of Subject Matter Jurisdiction, Rule 12(b); Preemption of Jurisdiction under Tucker Act, 28 U.S.C. § 1491(a)(1)by Medicare Act, 42 U.S.C. § 1395oo(f)(1) Signed by Judge Hewitt.

00-1671C • PORTFOLIO DISPOSITION MANAGEMENT GROUP, LLC, v. THE UNITED STATES & HARRINGTON, MORAN & BARKSDALE, INC.

Filed 02/24/2005
Post-Award Bid Protest;
Determination of Competitive Range; Supplementing the Administrative Record;
Cardinal Change; Bond Requirements; Alleging Prejudice Signed by Judge Baskir.

99-979C • GEORGE SOLLITT CONSTRUCTION CO., v. THE UNITED STATES

Filed 02/23/2005
Trial; Contracts; Equitable Adjustment;Contract Disputes Act, 41 U.S.C. § § 601-613 (2000); Compensable Delay; Excusable Delay, Proof of Costs of Changed Contract Work; Discretion to Award Performance Award on Public Contract, Inapplicability of Prompt Payment Act, 31 U.S.C. § § 3901-3907 (2000) Signed by Judge Bush.

98-786C • HANSON P. AGWIAK, ET. AL., v. THE UNITED STATES

Filed 02/18/2005
Remote worksite pay; 5 U.S.C. § 5942;
5 C.F.R. § 591.304; 5 C.F.R. § 591.306 Signed by Judge Miller, G..

00-571C • SHIRLEY J. HOLT v. THE UNITED STATES

Filed 02/18/2005
Entitlement to Survivor Benefit Plan Annuity; Deemed Election for Former Spouse, 10 USC § 1450 (f)(3)(A); Requirement of Written Request; Non-Self-Executing Statute; Failure to Exercise Secretarial Discretion; Proper Claimant Before Board for Correction of Naval Records Signed by Judge Baskir.

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