USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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95-758T • NATIONAL WESTMINSTER BANK, PLC,, v. THE UNITED STATES

Filed 12/16/2005
U.S. - U.K. Tax Treaty; Summary Judgment; Conflicting Expert Testimony Signed by Judge Firestone.

04-1477C • LION RAISINS, INC., v. THE UNITED STATES

Filed 12/15/2005
Motion to dismiss; mootness; jurisdiction; case or controversy;capable of repetition but avoiding review; voluntary cessation of illegal conduct; government contracts; bid protest; suspension Signed by Judge Damich.

04-694C • HDM CORP., v. THE UNITED STATES

Filed 12/14/2005
Competition in Contracting Act, cardinal change doctrine, Medicare claims processing, Coordination of Benefits Contract, "crossover" of Medicare adjudicated claims to secondary insurers, contract modification, consolidation of
"crossover" function in COB contractor, judgment on the administrative record pursuant to RCFC 56.1, criteria for injunctive relief, balance of harms, public interest Signed by Judge Miller, G..

04-634 • THOMAS D. PETERSON, SAUNDRA L. PETERSON, RANDAL J. PETERSON SHEELAGH M. MURPHY and DON R. PARKER, v. THE UNITED STATES

Filed 12/13/2005
Contract Disputes Act; failure to certify claim to contracting officer; failure to state a claim; res judicata Signed by Judge Damich.

02-1396C • AMTEC CORPORATION, v. THE UNITED STATES

Filed 12/12/2005
Summary Judgment;
Contract Interpretation;
Cost Reimbursement Contract; Fixed Fee; Course of Dealing; Recovery of Government Overpayment Signed by Judge Williams.

05-882C • KSEND, v. THE UNITED STATES

Filed 12/08/2005
Post-Award Bid Protest;
Judgment Upon the Administrative Record; Nonresponsive Bid Signed by Judge Horn.

00-426V • PATRICIA ANN WALTHER, D.V.M., v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 12/08/2005
National Childhood Vaccine Injury Act; Non-Table Injury; Multiple Vaccinations; Causation; Expert Credibility Signed by Judge Firestone.

02-50V • KAITLYN WALLER, v. THE UNITED STATES

Filed 12/08/2005
Motion to Dismiss or to Strike; Untimeliness of Motion for Review; National Childhood Vaccine Injury Act of 1986, codified as amended at 42 U.S.C. § § 300aa-1 to 300aa-34 (2000 & Supp. 2003) (Vaccine Act); RCFC 60(b); RCFC App. B, Vaccine Rule 23 Signed by Judge Hewitt.

05-1066L • LB&B ASSOCIATES INC., v. THE UNITED STATES

Filed 12/08/2005
Bid Protest; Small Business Administration ("SBA") - Size Determination; Exhaustion of Administrative Remedies; Justiciability;
13 C.F.R. § 121.404(g);
13 C.F.R. § 121.405(a) Signed by Judge Firestone.

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

Filed 12/07/2005
Deselection bid protest; cross-motions for judgment upon the administrative record; 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; equitable relief Signed by Judge Lettow.

04-856C • WALTER JAYNES, ET AL., v. THE UNITED STATES

Filed 12/07/2005
Motion for summary judgment, Rule 56, Federal Wage System, back pay, "high work," Prevailing Rate Systems Act, Environmental Differential Pay, "high pay," collective bargaining agreement, waiver of employees' right to judicial remedy, effect of 1994 amendment to Civil Service Reform Act of 1978, accord and satisfaction, meeting of the minds, consideration Signed by Judge Miller, G..

98-312C • STANLEY K. MANN, v. THE UNITED STATES

Filed 12/07/2005
Breach of contract damages; summary judgment; independent and collateral undertakings; proximate cause; lost profits; foreseeability; Geothermal Steam Act of 1970; restitution Signed by Judge Wolski.

05-483C • VALENCIA R. GRAY, v. THE UNITED STATES

Filed 12/06/2005
Motion to dismiss; Subject-matter jurisdiction; Motion to transfer; 28 U.S.C. § 1631; Federal Tort Claims Act, 28 U.S.C. § 1346(b); Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233; Americans with Disabilities Act, 42 U.S.C. § 12182; Rehabilitation Act, 29 U.S.C. § 794 Signed by Judge Lettow.

00-369T • FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. THE UNITED STATES

Filed 12/05/2005
Tax—The requirement set forth in IRS Form 872-A that an extension of the statute of limitations applicable to a tax year shall end "on the overassessment date of a decrease in . . . tax that reflects the final determination of tax and the final administrative appeals consideration" is satisfied where the facts show that (i) the taxpayer and the IRS entered into an agreement (Form 870-AD) pursuant to which the taxpayer consented to the assessment and collection of a proposed deficiency while reserving the right to seek a refund solely on certain enumerated grounds, (ii) the agreement contained language of finality and the IRS simultaneously advised the taxpayer that it was closing its file "on the basis agreed upon," and (iii) the IRS later issued a refund on the basis of the rights reserved by the taxpayer Signed by Judge Wiese.

05-494T • MICHAEL SKILLO AND LINDA S. SKILLO, v. THE UNITED STATES

Filed 11/30/2005
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Whether the Court has Jurisdiction of Claims Under the Fifth Amendment Due Process Clause and Claims for Alleged Illegal Acts of the IRS, Including Fraud; Whether IRS Form 1040 is a Contract; Whether Collection of Taxes is a Fifth Amendment Taking;
Whether Transfer to the United States Tax Court is authorized by 28 U.S.C. § § 1631 and 610 Signed by Judge Hewitt.

01-115C • OMAHA PUBLIC POWER DISTRICT, v. THE UNITED STATES

Filed 11/30/2005
Just Compensation Clause,
U.S. Const. amend. V, cl. 4;
Nuclear Waste Policy Act,
42 U.S.C. § § 10101, et seq.;
Motion to Dismiss, RCFC 12(b)(6) Signed by Judge Braden.

00-238C • NORTH STAR STEEL CO., v. THE UNITED STATES

Filed 11/30/2005
Breach of Contract;
Court-Appointed Expert, FED. R. EVID. 706;
Duty of Good Faith and Fair Dealing; Economic Duress;
RESTATEMENT (SECOND) CONTRACTS (1981) Signed by Judge Braden.

99-440C • ATK THIOKOL, INC., v. THE UNITED STATES

Filed 11/30/2005
Bid and Proposal Costs; Cost Accounting Standards, 48 C.F.R. § § 9904.402, 404, 409, 418, 420; Cost Allocability; Cost Allowability; Federal Acquisition Regulations, 48 C.F.R. § § 31.205-11, 18, 25, 40; Independent Research and Development Costs; RCFC 12(b)(6); RCFC 56(b) Signed by Judge Braden.

04-1736C • AMERICAN AIRLINES, INC., v. THE UNITED STATES

Filed 11/30/2005
Agricultural Quarantine Inspection User Fee, 21 U.S.C. § 136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq.; Motion to Dismiss, RCFC 12(b)(1), (6);
Motion for Summary Judgment, RCFC 56(c) Signed by Judge Braden.

05-1072C • ALION SCIENCE AND TECHNOLOGY CORP., v. THE UNITED STATES

Filed 11/29/2005
Post-Award Bid Protest; Competition in Contracting Act; 31 U.S.C. § 3553 Automatic Stay; Override; Best Interests of the United States; Urgent and Compelling Circumstances; Arbitrary and Capricious Review; Electromagnetic Spectrum Allocation; Rule 56.1 Versus Summary Judgment; Standard of Review; Administrative Record Signed by Judge Block.

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