USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-1915T • HONEYWELL INTERNATIONAL, INC., v. THE UNITED STATES

Filed 02/16/2005
Summary judgment, RCFC 56, 26 U.S.C. § 4252, toll telephone service, Chevron deference Signed by Judge Miller, G..

99-447C • BOSTON EDISON COMPANY v. THE UNITED STATES

Filed 02/15/2005
Spent nuclear fuel cases; subject matter jurisdiction; standing; motion to dismiss; motion for summary judgment; Nuclear Waste Policy Act of 1982; contract damages; Federal Rules of Evidence 602, 701; Restatement (Second) Contracts § 348(2)(a); collateral estoppel; good faith and fair dealing; takings Signed by Judge Lettow.

98-720C • PRECISION PINE & TIMBER, INC., v. THE UNITED STATES

Filed 02/14/2005
Motion for reconsideration, causation, lost profits, "substantial factor" and "but for" tests Signed by Judge Miller, G..

01-0165V • LISA ANN PAFFORD and RICHARD LEON PAFFORD PARENTS AND NEXT FRIENDS of RICHELLE LORRAE PAFFORD v. SECRETARY OF THE DEPARTMENT ...

Filed 02/09/2005

LISA ANN PAFFORD and RICHARD LEON PAFFORD PARENTS AND NEXT FRIENDS of RICHELLE LORRAE PAFFORD v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (01-0165V)

Vaccine Act; Causation-in-Fact; Standard of Proof; Burden of Proof;
Alternative Causation; Temporal Relationship; But-For and Substantial Factor Analysis; Biologic Plausibility; Direct Causation; Systemic Onset JRA; Still's Disease; Vaccine-Related Injuries

Signed by Judge Block.

94-784C & 96-204C • SCOTT TIMBER COMPANY v. THE UNITED STATES

Filed 02/08/2005
Timber sale contracts, motion for summary judgment, damages, but-for cause, substantial factor, Northwest Timber Compromise, Endangered Species Act, 16 U.S.C. § 1536, 16 U.S.C. § 1538, constructive termination Signed by Judge Miller, G..

04-192C • COMMANDER TIMOTHY R. QUINTON v. THE UNITED STATES

Filed 02/08/2005
Motion to Dismiss, RCFC 12(b)(1), Motion for Judgment on the Administrative Record, RCFC 56.1, Justiciability, Board for Correction of Military Records, arbitrary and capricious Signed by Judge Miller, G..

05-188C • TYRONE HURT v. THE UNITED STATES

Filed 02/08/2005
Dismissal of Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915(a); Rule 12(b)(1); Failure to State a Claim Within the Jurisdiction of the Court Signed by Judge Hewitt.

02-453C • THOMAS A. PORTER v. THE UNITED STATES

Filed 02/08/2005
Public Safety Officers' Benefits Act Signed by Judge Bruggink.

92-652C • LASALLE TALMAN BANK, F.S.B., v. THE UNITED STATES

Filed 02/08/2005
United States v. Winstar Corp.; FIRREA; Supervisory Goodwill;
Damages; Cost of Capital; Lost Profits; Mitigation; Tax Gross-up Signed by Judge Bruggink.

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

Filed 02/07/2005
Second Deposition;
RCFC 30(a)(2)(B);
RCFC 26(b)(2); Costs Signed by Judge Williams.

02-255C • TRITEK TECHNOLOGIES, INC., v. THE UNITED STATES

Filed 02/07/2005
Patent; Standard Special Procedures Order for Cases Arising Under 28 U.S.C. § 1498; RCFC 26; RCFC 37; Amendments to Claim Charts; Preclusion sanction under RCFC 37;
Contention interrogatory Signed by Judge Damich.

03-865T • JOHN F. HINCK & PAMELA HINCK v. THE UNITED STATES

Filed 02/03/2005
Income tax; motion to dismiss for lack of jurisdiction; interest; abatement under section 6404(e)(1) of the Internal Revenue Code; jurisdiction under 28 U.S.C. § 1491 versus 28 U.S.C. § 1346; illegal exaction jurisdiction; whether the denial of abatement claim under 6404(e)(1), as amended by the 1996 Taxpayer Bill of Rights II, is subject to
judicial review; review of abatement denial nonjusticiable; dismissal for lack of jurisdiction Signed by Judge Allegra.

03-2835C • FILTRATION DEVELOPMENT CO., LLC,v. THE UNITED STATES

Filed 02/03/2005
EAJA Application Signed by Judge Futey.

01-634C • ORLOSKY, INC., v. THE UNITED STATES

Filed 02/02/2005
Contracts; summary judgment; Type I differing site condition; duty to participate in pre-bid site inspection; breach of warranty re: defective specifications Signed by Judge Miller, C..

98-896C • JOHN DOE, ET. AL., v. THE UNITED STATES

Filed 02/02/2005
Motion for Reconsideration; Scope of Interlocutory Review; Intervening Supreme Court Decision; Law of the Case Doctrine; Mandate; Federal Employees Pay Act, 5 U.S.C. § § 5542, 5543, 5545(c)(2), and 5546; "Ordered or Approved"; Premium Pay; 5 C.F.R. § 550, 5 C.F.R.   § 550.103. Signed by Judge Hodges.

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

Filed 02/01/2005
Civilian Pay Case; Motion for Judgment on Pleadings; RCFC 12(c); Whether COPRA [Customs Officer Pay Reform Act, § § 261, 267 (1993)] Is Exclusive Pay System for Canine Enforcement Officers Signed by Judge Hewitt.

01-641C • ELAINE LEONARDO, v. THE UNITED STATES

Filed 01/31/2005
Trial; Bailment; Authority to Contract; Ratification; Burdens of Production and Proof in Breach of Bailment Actions; Liability for Breach of Bailment Signed by Judge Hewitt.

93-134L • DOROTHY M. MOORE, ET AL., v. THE UNITED STATES

Filed 01/31/2005
Takings; Rails to Trails Act; Settlement of Class Action; RCFC 23(e);
Attorney fees Signed by Judge Bruggink.

00-23C • KENNEDY HEIGHTS APARTMENTS LTD. I, and WILSHIRE-WASHINGTON HEIGHTS LIMITED PARTNERSHIP, v. THE UNITED STATES

Filed 01/31/2005
Multifamily Mortgage Foreclosure Act, 12 U.S.C. § § 3701 et. seq.; Subject Matter Jurisdiction; Summary Judgment;
Genuine Issue of Material Fact; Foreclosure Sale Surplus; Breach of Housing Assistance Payment Contracts; Prior Material Breach Signed by Judge Williams.

95-468C • ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 01/31/2005
Winstar-related case; motion for judicial disqualification under 28 USC § 455 Signed by Judge Wolski.

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