USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-2670C • HUNTLEIGH USA CORPORATION v. THE UNITED STATES

Filed 01/07/2005
Takings; airline passenger screening contracts; goodwill and going-concern value; Aviation and Transportation Security Act Signed by Judge Margolis.

04-1589C • FOUR POINTS BY SHERATON, v. THE UNITED STATES and COMMAND MANAGEMENT SERVICES, INC., Intervenor

Filed 01/06/2005
Post-award bid protest;
Discovery; Supplementation of the Administrative Record; Bias Signed by Judge Williams.

00-600C • ROBERT J. EWER, ET. AL, v. THE UNITED STATES

Filed 01/06/2005
Motion to dismiss; statute of limitations; lack of subject matter jurisdiction; Fair Labor Standards Act (FLSA); continuing claim doctrine; Tucker Act 29 U.S.C. § 255(a) Signed by Judge Damich.

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

Filed 01/04/2005
Civil Contempt Motion;
Enforcement of Court's Prior Order; 28 U.S.C. § 2521(b); Good Faith and Reasonable Interpretation Signed by Judge Futey.

04-0042V • KIMBERLEE and GLENN LEUZ, Administrators of the Estate of LOGAN LEUZ, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND...

Filed 01/04/2005

KIMBERLEE and   GLENN LEUZ, Administrators of the Estate of LOGAN LEUZ, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
(04-0042V)

National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa (12)(e)(2)(B), arbitrary, capricious, abuse of discretion, or otherwise contrary to law, 42 U.S.C. § 300aa-16(a)(3) statute of limitations, jurisdiction to consider constitutional challenges

Signed by Judge Miller, G..

03-289C • UNITED MEDICAL SUPPLY CO., INC., v. THE UNITED STATES

Filed 01/03/2005
Summary judgment; Government contract case; Requirements contract; Claimed diversions of sales to third parties and underpayments for goods provided; Factual questions precluding grant of summary judgment; No recovery under "negotiation clause" incorporated into contract; Potential recovery for loss of goodwill and reputation impacting performance of the contract in question; Olin Jones construed Signed by Judge Allegra.

04-1428C • EP PRODUCTIONS, INC., v. THE UNITED STATES

Filed 01/03/2005
Post-award bid protest; Amendment to relax mandatory minimum requirement; FAR § 15.206; No abuse of discretion or violation of law in allowing other   competitors to participate in negotiated, best value procurement; Meaningful
discussions conducted; No abuse of discretion in assigning rating to oral presentation Signed by Judge Allegra.

04-718C • CW GOVERNMENT TRAVEL, INC., v. THE UNITED STATES

Filed 12/30/2004
Motion to Dismiss, RCFC 12(b)(1) and 12(b)(6); Summary Judgment, RCFC 56; Whether a "claim" and a "final decision" have been submitted under 41 U.S.C. § 605(a); Declaratory judgment interpreting contract terms; Anticipatory breach;
Ambiguity of contract terms Signed by Judge Hewitt.

03-685C • GERALDINE SACCO AND KAREN VESTERBY v. THE UNITED STATES

Filed 12/30/2004
Attorney's Fees; Subject Matter Jurisdiction; Back Pay Act; Civil Service Reform Act; Merit Systems Protection Board; Adverse Personnel Action; Signed by Judge Williams.

99-690C • NATIONAL AUSTRALIA BANK, v. THE UNITED STATES

Filed 12/29/2004
Government Contracts;
Winstar; Omnibus Budget Reconciliation Act of 1993; Estoppel; Tax Benefits Sharing Signed by Judge Bruggink.

00-228C • ROBERT O. MUDGE v. THE UNITED STATES

Filed 12/29/2004
Cross-motions for summary judgment; RCFC 56(c); Prevailing Rate Systems Act, 5 U.S.C. § § 5341-49;
Federal Wage System;
special pay differentials for remote areas of Alaska; pay retention Signed by Judge Lettow.

99-889C • SHAROL ADDISON-TAYLOR, ET. AL., v. THE UNITED STATES

Filed 12/28/2004
Civilian pay; Fair Labor Standards Act; Accord and Satisfaction Signed by Judge Bruggink.

03-2206C • CENTRAL TRANSPORT INTERNATIONAL, INC., v. THE UNITED STATES

Filed 12/22/2004
Subject Matter Jurisdiction;
Privity of Contract;
Government Bills of Lading;
Commercial Bills of Lading;
Contracts for Transportation Services; Interstate Commerce Act Signed by Judge Williams.

01-680C • JGB ENTERPRISES, INC., v. THE UNITED STATES

Filed 12/21/2004
Third-party beneficiary, Tucker Act, 28 U.S.C. § 1491, Contract Disputes Act of 1978, 41 U.S.C. § § 601-613, offset, RCFC 52 Signed by Judge Miller, G..

03-1822C • LARRY N. ROOD and BILLIE A. ROOD, v. THE UNITED STATES

Filed 12/21/2004
Motion to dismiss; military pay; retirement benefits; res judicata; identity of parties; privity; final judgment on the merits; same transactional facts; Survivor Benefit Plan; subject matter jurisdiction;money presently owed Signed by Judge Damich.

03-1911C • ERIC L. GANT, PRO SE, v. THE UNITED STATES

Filed 12/20/2004
Military pay; pro se; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); whether waiver of hearing before disability board constitutes waiver of judicial review Signed by Judge Miller, C..

04-1533C • INNOVATIVE RESOURCES v. THE UNITED STATES

Filed 12/17/2004
Pre-award Bid Protest;
Small Business Act, Section 8(a) Small Business's Standing to Challenge Award To Another Section 8(a) Firm Signed by Judge Gibson.

00-1005C • FLINK/VULCAN v. THE UNITED STATES

Filed 12/17/2004
Motion for Summary Judgment; Guaranteed Minimum Quantity;
Constructive Change Signed by Judge Horn.

96-222C • R.P. WALLACE, INC., v. THE UNITED STATES

Filed 12/15/2004
Trial; Navy building renovation and repair contract; liquidated damages; standard for remitting liquidated damages where
concurrent and sequential delays; United Engineering limited in light of subsequent Supreme Court decision in Robinson; Sauer followed; defective window specifications; extent of impact; allocation; delay damages Signed by Judge Allegra.

95-544C • SOUTHWEST INVESTMENT COMPANY,INC., On Behalf of Itself and On Behalf of FIRST LOUISIANA FEDERAL SAVINGS BANK, v. US

Filed 12/15/2004

SOUTHWEST INVESTMENT COMPANY,INC., On Behalf of Itself and On Behalf of FIRST LOUISIANA FEDERAL SAVINGS BANK,   v. THE UNITED STATES

Summary Judgment - Material Factual Dispute; Restitution damages; Benefit conferred - "value of time."

Signed by Judge Baskir.

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