USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago

08-852C • DAVID WARD, v. THE UNITED STATES,

Filed 10/16/2009
RCFC 12(b)(1); RCFC 52.1; Substantial Evidence; Incapacitation Pay; 37 U.S.C. § 204(g)-(h); Army Regulation 135-381 (June 1, 1990); Ability to Perform Military Duties; Civilian Income Signed by Judge Sweeney.

09-600C • CAMDEN SHIPPING CORPORATION, v. THE UNITED STATES,

Filed 10/14/2009
Pre-award bid protest;standing; direct economic interest; limitation of acceptance period; revival of expired offer; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Miller, G..

07-271L • JACK LADD et al., v. UNITED STATES OF AMERICA,

Filed 10/14/2009
Rails-to-Trails Act; Fifth Amendment Takings Clause; Physical Taking; Regulatory Taking; Notice of Interim Trail Use (NITU); Surface Transportation Board; Tahoe-Sierra Preservation Counsel, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002); Application of States Property Law; Abandonment; Caldwell v. United States, 391 F.3d 1226 (Fed. Cir. 2004) Signed by Judge Hodges.

04-1414C • DIRECTV GROUP, INC., v. THE UNITED STATES,

Filed 10/14/2009
CAS 413 Segment Closing Payment Obligation; Transfer of Pension Asset Surplus; "Cost Reduction"that Meets or Exceeds Seller's Segment Closing Payment Obligation to the Government;Cost Accounting Standard ("CAS")413.50(c), 48 C.F.R. § 9904.413-50(c)(12); Credits clause, FAR 31.201-5,48 C.F.R. § 31.201-5; Allowable Cost and Payment clause, 48 C.F.R. § 52.216-7; Taxation clause, 48 C.F.R. § 31.205-41(d) Signed by Judge Firestone.

07-272C • MARK G. ABBEY, ET AL., v. THE UNITED STATES,

Filed 10/14/2009
Interlocutory Appeal;Certification for Appeal Under Section 1292(d)(2); Timeliness Signed by Judge Hewitt.

09-523C • KERR CONTRACTORS, INC., v. THE UNITED STATES, and KIEWIT PACIFIC CO., Intervenor-defendant

Filed 10/13/2009
Post-Award Bid Protest; Review of Award of Jetty Capping Contract; Technical Evaluation of Proposals; Meaningful and Equal Discussions; De Minimis Deviation from Source Selection Plan; Prejudice to Protestor;Supplementation of the Administrative Record Signed by Judge Bush.

09-546C • BANNUM, INC., v. THE UNITED STATES, and DISMAS CHARITIES, INC., Defendant-Intervenor

Filed 10/13/2009
Post - award Bid Protest; Supplementing the Administrative Record; Documents Before the Procuring Agency and Included in the GAO Protest Record; RCFC,Appendix C, ¶22(u); 31 U.S.C. § 3556 Signed by Judge Wheeler.

09-160L • CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION, et al., v. THE UNITED STATES,

Filed 10/08/2009
Contracts; breach of trust; RCFC 12(b)(1); motion to dismiss for lack of ripeness; jurisdiction under 28 U.S.C. § 1491(a)(1)(2006), 28 U.S.C. § 1505 (2006); statute of limitations for collection action, 28 U.S.C. § 2415 (2006); Indian Long-Term Leasing Act, 25 U.S.C. § 380 (2006), 25 C.F.R. pt. 162(2009); Debt Collection Improvement Act, 31 U.S.C. § § 3701-3720E (2006); statute of limitations for Court of Federal Claims, 28 U.S.C. § 2501 (2006) Signed by Judge Miller, C..

05-0162L • UNDERWOOD LIVESTOCK, INC., v. THE UNITED STATES,

Filed 10/07/2009
Reconsideration; Fifth Amendment Taking; Property Interest; Right-of-Way on Public Lands; Jurisdiction to Review Interior Board of Land Appeals Decision; Collateral Estoppel; Nonparty Issue Preclusion Signed by Judge Williams.

08-512L & 98-860L • Walter J. Rosales and Karen Toggery, v. United States of America,

Filed 10/07/2009
Statute of Limitations; Issue Preclusion; RCFC 19; Necessary and Indispensable Party; Indian Trust Accounting Statute; Continuing Claims Doctrine; Sovereign Immunity; Subject Matter Jurisdiction Signed by Judge Block.

09-207L • JOHN F. HUTCHENS, T.W. ARMAN, a/k/a Two Miners and 8000 Acres of Land, and Iron Mountain Mines, Inc., pro se, v. THE UNITED STATES,

Filed 10/06/2009
Takings; pro se complaint with multiple deficiencies; motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim, RCFC 12(b)(1), (6); statute of limitations, 28 U.S.C. § 2501 (2006); dismissal for failure to comply with an order of the court, RCFC 41(b); striking pleading not signed by attorney of record, RCFC 11(a);requirement that corporation be represented by counsel, RCFC 83.1(a)(3) Signed by Judge Miller, C..

08-140C • MARTIN BYRD QUILLEN, SR., v. THE UNITED STATES,

Filed 10/01/2009
Motion to Dismiss; RCFC 12(b)(1); Contracts Dispute Act; 41 U.S.C. § 609(a); Computing Time; RCFC 6(a)(1) Signed by Judge Smith.

99-310V • ONELIA VALDES, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 09/30/2009
Attorney Fees;National Childhood Vaccine Act,42 U.S.C. § 300-aa-1 et seq.; Motion For Review;RCFC App. J, Rule 24 Signed by Judge Braden.

07-495C • HAM INVESTMENTS, LLC, v. THE UNITED STATES,

Filed 09/30/2009
Anti-Assignment Acts, 31 U.S.C. § 3727,41 U.S.C. § 15; Federal Acquisition Regulation,FAR 52.232-23;Standing;Summary Judgment;RCFC 56(c);RCFC 83.1(c)(4) Signed by Judge Braden.

09-305C • TAYLOR CONSULTANTS, INC., v. THE UNITED STATES,

Filed 09/30/2009
Administrative Record, RCFC App. C (IV) ¶ 8(e);Competition in Contracting Act, 41 U.S.C. § 251; Contract Disputes Act,41 U.S.C. §601;Federal Acquisition Regulation, 48 C.F.R. § 3.104-3(a), 3.104-4(b),48 C.F.R. § 15.503(a)(2),48 C.F.R. § 19.301-1(c)-(d),48 C.F.R. § 19.302(d)-(j),48 C.F.R. § 33.101;Small Business Size Regulations,13 C.F.R. § § 121.1001-121.1101;Motion To Dismiss, RCFC 12(b)(1),(b)6); Standing; Procurement Integrity Act, 41 U.S.C. § 423; RCFC 15(a)(2); RCFC 7 (a)(2); Trade Secrets Act, 18 U.S.C. § 1905; Tucker Act, 28 U.S.C. § 1491(b)(1), as amended by the Administrative Dispute Resolution Act of 1996,Pub. L. No. 104-320 Signed by Judge Braden.

09-103L • DANIEL and KATHY HAGGART on their own behalf and on behalf of a class of others similarly situated, v. THE UNITED STATES,

Filed 09/28/2009
Rails-to-trails case; class certification; RCFC 23 Signed by Judge Lettow.

09-282C • FRANCES GAYDEN BROWN, v. THE UNITED STATES,

Filed 09/22/2009
Civilian Pay Suit; Statute of Limitations; Injunctive Relief Denied Where Court Lacks Jurisdiction; Further Filings Prohibited Absent Leave of Court Signed by Judge Wheeler.

08-269T & 08-270T • XIANLI ZHANG, GUIMIN LU, BAO HUA HE, BAOWEI DING, AND JILIN HU, v. THE UNITED STATES,

Filed 09/22/2009
Taxes; refund of excise taxes;RCFC 12(c) motion for judgment on the pleadings; Social Security Act taxes applied to resident-alien workers and their employees in Northern Mariana Islands; 26 U.S.C.(I.R.C.) § 3121(b) (2006); Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States,Act of March 24, 1976, Pub. L. No. 94-241, 90 Stat. 263 (codified as amended at 48 U.S.C. § 1801 note (2006));statutory construction Signed by Judge Miller, C..

09-218C • GEORGE U. SEARLES, JR., v. THE UNITED STATES,

Filed 09/18/2009
RCFC 12(b)(1), Dismissal for Lack of Jurisdiction to hear claims: Jobs for Veterans Act, 28 U.S.C. § § 4112, 4215,the Veterans EmploymentOpportunities Act, Pub. L. No. 105-339, 112 Stat. 3182, the Civil Rights Act of 1866, 42 U.S.C. § 1982, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e-2000e-17, the Civil Rights Act of 1968, Pub. L. No. 90-284,82 Stat. 72, the Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1071, the Americans with Disabilities Act ("ADA"), Pub. L. No. 101-336, 104 Stat. 327, the Rehabilitation Act, 29 U.S.C. § 791, and Executive Order ("E.O") 13,360, Exec. Order No.13,360, 69 Fed. Reg. 62,549 (Oct. 26,2004); No jurisdiction over claims sounding in tort or for violations of the Due Process Claus of the Fifth Amendment Signed by Judge Firestone.

05-1058C • HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, v. THE UNITED STATES, and MIDWEST TRANSPORT, INC., Defendant-Intervenor

Filed 09/18/2009
Trial; Postal Service mail delivery contract; Breach of contract; Transfer of contract; State court receivership proceedings; Rooker-Feldman doctrine;Collateral estoppel; State court ruling authorizing transfer of contract given preclusive effect; Novation - requirements;Novation did not cause anticipatory breach; Novation did not cause immediate breach - impracticability/impossibility doctrine; Lack of proof regarding damages;Credibility; Insufficient evidence to prove lost profits; Claim rejected Signed by Judge Allegra.

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