USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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01-381C • H & S MANUFACTURING, INC., v. THE UNITED STATES

Filed 07/18/2005
Contract; breach of contract;
service contract; beach of duty of good faith and fair dealing Signed by Judge Miller, C..

99-279C • MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

Filed 07/15/2005
Contract Disputes Act,
41 U.S.C. § 609(d);
Motion to Transfer Signed by Judge Braden.

99-279C • MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

Filed 07/15/2005
Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; Tucker Act, 28 U.S.C. § 1491; RCFC 12(b)(6), Motion to Dismiss; RCFC 19(a), Joinder of Persons Needed for Just Adjudication;
RCFC 25(c), Transfer of Interest; RCFC 56(c), Motion for Partial Summary Judgment Signed by Judge Braden.

05-736C • AEROPLATE CORPORATION, v. THE UNITED STATES

Filed 07/15/2005
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); temporary restraining order; preliminary injunction; facial validity of bid bond Signed by Judge Miller, C..

04-1589C • FOUR POINTS BY SHERATON v. THE UNITED STATES

Filed 07/14/2005
Post-award Bid Protest; 28 U.S.C. § 1491; Standing; Interested Party;
Protester's Disagreement With Evaluators' Ratings; Bias. Signed by Judge Williams.

05-373C • MANHATTAN CONSTRUCTION COMPANY v. THE UNITED STATES

Filed 07/14/2005
Consolidation; RCFC 42(a) Signed by Judge Williams.

05-166C • HAROLD W. VAN ALLEN v. THE UNITED STATES

Filed 07/13/2005
Military Disability Retirement Pay; Veterans' Health Benefits; Board for Correction of Naval Records; Equitable Tolling; Mental Illness; Motion to Dismiss; Motion for a More Definite Statement; Pro Se Signed by Judge Merow.

04-250C • ORION INTERNATIONAL TECHNOLOGIES, v. THE UNITED STATES

Filed 07/12/2005
Post-award bid protest; "bait and switch;" material misrepresentation; fraud in bids; no-compete agreements; unequal treatment;
minor informality Signed by Judge Wolski.

04-270T • REMEDIOS E. EBERT, pro se, v. THE UNITED STATES

Filed 07/12/2005
Summary Judgment; Survivor Benefit Plan; Dependency and Indemnity Compensation;
Nonresident alien; tax refund; pro se; informal claim Signed by Judge Merow.

05-219C • DENNIS J. PAPPAS, v. THE UNITED STATES

Filed 07/11/2005
Subject Matter Jurisdiction;
Motion to Dismiss Signed by Judge Horn.

00-169L • THE OSAGE NATION AND/OR TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES

Filed 07/08/2005
Indian Trust Claims; Discovery; Privilege; Fiduciary Exception to Attorney-Client Privilege and Work Product Doctrine Signed by Judge Hewitt.

02-101C • THELMA R. CURRY and YOLANDA QUIMBY, on behalf of themselves and all others similarly situated, v. THE UNITED STATES

Filed 07/08/2005
Veterans Health Administration; Title 5 "leave with pay" statutes; nighttime and weekend additional pay; registered nurses, licensed vocational nurses, physician assistants, expanded function dental auxiliaries; back pay Signed by Judge Wolski.

03-2748C • BB PALLETS, INC., v. THE UNITED STATES

Filed 07/08/2005
Court of International Trade; jurisdiction; liquidated damages; HTSUS classifications; Customs Signed by Judge Baskir.

95-88C • GOULD, INC., v. THE UNITED STATES

Filed 07/08/2005
Department of Defense Authority to Enter into Multiyear Contracts under 10 U.S.C.2306(h)(1); Required Findings; Statutory Violation; Intended Beneficiary of Federal Statute Signed by Judge Baskir.

95-88C • GOULD, INC., v. THE UNITED STATES

Filed 07/08/2005
Department of Defense Authority to Enter into Multiyear Contracts under 10 U.S.C.2306(h)(1); Required Findings; Statutory Violation; Intended Beneficiary of Federal Statute Signed by Judge Baskir.

98-868C • L.P. CONSULTING GROUP, INC. v. THE UNITED STATES

Filed 07/07/2005
Summary judgment; Government contract case; Contract Disputes Act; Indefinite Quantity Contract (IQC); Express contract to perform work order; Waiver; Implied-in-fact contract to perform work order; No implied-in-fact contract where same subject covered by express contract; Implied duty of good faith and fair dealing; Bad faith. Signed by Judge Allegra.

02-1345C • TREK LEASING, INC., a Navajo Nation Corporation, v. THE UNITED STATES

Filed 07/07/2005
Motion for summary judgment; copyright infringement of an architectural work; government building; architectural style Signed by Judge Damich.

02-759C & 03-1287C • FLUOR HANFORD, INC. v. THE UNITED STATES

Filed 07/01/2005
Breach of Contract; Summary Judgment Cost Accounting Standards; Major Fraud Act; Statutory Interpretation; Allowable and Allocable Costs;
Reimbursement of Legal Costs; Qui tam; Clarifying Regulation; 48 C.F.R. § 31.205-47 Signed by Judge Hodges.

03-84T • RONALD H. AND MARTHA M. YOCUM v. THE UNITED STATES

Filed 07/01/2005
Tax refund suit; Summary judgment; Restrictive stock agreement; Golden parachutes; Excess parachute payment provisions of the Deficit Reduction Act of 1984; Definition of parachute payment - 26 U.S.C. § 280G; Excise tax - 26 U.S.C. § 4999; Change in control; Transfer of assets; Legislative history; 1989 proposed regulations; Reliance on proposed regulations; 1989 proposed regulations construed. Signed by Judge Allegra.

04-90C • JOHN DOE, v. THE UNITED STATES

Filed 06/30/2005
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Basic Allowance for Housing, 37 U.S.C. § 403;
Basic Allowance for Subsistence, 37 U.S.C. § 402; Fifth and Six Amendments to the United States Constitution;
Medical and Dental Care for Members and Certain Former Members, 10 U.S.C. § 1074; Military Pay Act, 37 U.S.C. § 204;
Pro Se; Tucker Act, 28 U.S.C. § 1491(a)(2);
10 U.S.C. § § 630-36;
10 U.S.C. § 1201(a);
10 U.S.C. § 1214;
10 U.S.C. § 1552(a)(1), (2);
AFI 36-3212 ¶ 3.17;
RCFC 56.1, Review of Decision on the Basis of Administrative Record Signed by Judge Braden.

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