USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

02-126L • CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF; OREGON v. THE UNITED STATES

Filed 12/13/2004
Alternative Dispute Resolution; Doctrine of Laches; Doctrine of Res Judicata; Jurisdiction;
Statute of Limitations;
CFCR 11(c)(1)(B) Signed by Judge Braden.

04-644C • BLUE DOT ENERGY COMPANY, INC., v. THE UNITED STATES and WASTE MANAGEMENT OF WASHINGTON, INC., Defendant-Intervenor

Filed 12/13/2004
Standing; State Action Doctrine; Substantial Chance Doctrine;
The Competition in Contracting Act, 10 U.S.C. § § 2304(c)(1), 2304(c)(5), 2305(b)(3);The Resource Conservation, and Recovery Act of 1976,
42 U.S.C. § 6961; The Sherman Act, 15 U.S.C. § 2; The Tucker Act, 28 U.S.C. § 1491(b)(1); The Small Business
Reauthorization Act of 1997, 15 U.S.C. § 657a Signed by Judge Braden.

03-1955C • MAJOR DOUGLAS GETHERS, USMC, v. THE UNITED STATES

Filed 12/10/2004
Military pay, retroactive promotion, 10 U.S.C. § 628, 10 U.S.C. § 1552, Tucker Act, subject matter jurisdiction, Corrections Board, Special Selection Board, 28 U.S.C. § 1631 Signed by Judge Miller, G..

95-667L • DON ROGER NORMAN, ROGER WILLIAM NORMAN, SOUTH MEADOWS LIMITED PROPERTIES PARTNERSHIP, v. THE UNITED STATES

Filed 12/10/2004
Trial; Fifth Amendment Takings Claim; Categorical Taking;Lucas; Regulatory Takings Claim; Wetlands Delineation;Section 404 permit to fill wetlands under the Clean Water Act; Penn Central Factors;
Reasonable-Investment-Backed Expectations; Palazzolo distinguished; Economic Injury;Character of Governmental Action Signed by Judge Bush.

03-1247C • ROBERT CURTIS v. THE UNITED STATES

Filed 12/09/2004
Rules 17(a) and 83.1(c)(8) of the Rules of the United States Court of Federal Claims; Real Party in Interest; Corporate
Representation; Corporate Dissolution, Transfer of Assets, and Shareholder Derivative Claims under Oregon Law
Signed by Judge Hewitt.

02-946C • RICK VASSAR v. THE UNITED STATES

Filed 12/08/2004
Contracts; trailer lease; necessary repairs during and at the end of the contract; breach of contract; damages; real party in interest Signed by Judge Margolis.

92-517C • THE LONG ISLAND SAVINGS BANK, FSB, AND THE LONG ISLAND SAVINGS BANK OF CENTEREACH FSB, v. THE UNITED STATES

Filed 12/07/2004
Work product doctrine;
restrictions on disclosure of counsel's voluntary interviews of former officials of the opposing party to counsel for that party; Privacy Act, 5 U.S.C. § 552a; Rule 4.2 of the Model Rules of Professional Conduct;
admissions by a party-opponent; Fed. R. Evid. 801(d)(2)(D); use of depositions at trial; RCFC 32(a)(2); RCFC 30(b)(6)
Signed by Judge Lettow.

00-759V • ROSE CAPIZZANO v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 12/07/2004
National Childhood Vaccine Injury Act, 42 U.S.C. § 300 aa-1 et seq.; hepatitis B vaccination; rheumatoid arthritis; causation-in-fact; preponderance of evidence; Review of Special Master's Decision Signed by Judge Merow.

01-699C • CYGNUS CORPORATION, INC., v. THE UNITED STATES

Filed 12/03/2004
Breach of contract; cross-motions for summary judgment; RCFC 56; laches; contract novation; contract interpretation
Signed by Judge Lettow.

01-280T • AT&T CORPORATION & SUBSIDIARIES, v. THE UNITED STATES

Filed 12/01/2004
Motion for Reconsideration Pursuant to RCFC 59;
Private Revenue Rulings As Precedent
Signed by Judge Gibson.

01-256T& 01-257T • MARRIOTT INTERNATIONAL RESORTS, L.P., ET AL., v. THE UNITED STATES

Filed 11/30/2004
Certification for interlocutory appeal;
28 U.S.C. § 1292(d)(2) Signed by Judge Lettow.

04-996C • MICHAEL A. SCHOOLING v. THE UNITED STATES

Filed 11/30/2004
Civil Service Reform Act of 1978; Justiciability; Pro Se; RCFC 12(b)(1); Subject Matter   Jurisdiction Signed by Judge Braden.

04-463C • CHARMANE SMITH v. THE UNITED STATES

Filed 11/30/2004
Ancillary Equitable Relief;
Pro Se; RCFC 12(b)(1);
Seventh Amendment to the
United States Constitution;
Subject Matter Jurisdiction;
Tucker Act; 28 U.S.C. § § 1491(a)(1) and (a)(2) Signed by Judge Braden.

04-505C • HUNT BUILDING COMPANY, LTD v. THE UNITED STATES and ACTUS LEND LEASE, LLC., Intervenor

Filed 11/24/2004
Pre-award bid protest;
R.C.F.C. 60(b)(5); Permanent injunction and declaratory judgment modified where no longer equitable for judgment to have prospective application Signed by Judge Williams.

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

Filed 11/24/2004
Rule 24(a)(2); intervention granted for limited purpose of opposing consolidation Signed by Judge Williams.

99-628V • NANCY MANVILLE v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 11/24/2004
Vaccine Act, 42 U.S.C. § § 300aa-1 to 34 (West 2003 & Supp. 2004); causation-in-fact;
rheumatoid arthritis; proof of causation via "rechallenge"; role of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), in Vaccine cases;
preponderance of the evidence Signed by Judge Miller, C..

04-1553C • CHAPMAN LAW FIRM v. THE UNITED STATES & HARRINGTON, MORAN, BARKSDALE, INC., Defendant-Intervenor

Filed 11/23/2004
Post-Award Bid Protest; 28 U.S.C. §1491(b)(2);
Challenge to size determination by the Small Business Administration; Jurisdiction;
Justiciability Signed by Judge Hewitt.

04-504L • BARTLETT J. HANFORD v. THE UNITED STATES

Filed 11/23/2004
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6);
Temporary Takings Claim;
Sovereign Immunity Signed by Judge Hewitt.

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

Filed 11/23/2004
Lost profits, substantial factor, causation,
foreseeability, reasonable certainty, offset,
consequential damages, Severin doctrine,
summary judgment Signed by Judge Miller, G..

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