USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-155L • ROY WALKER AND SHELLIE WALKER, v. THE UNITED STATES

Filed 05/31/2005
Collateral Estoppel;
Equitable Tolling; Grazing Permits; Issue Preclusion;
Just Compensation Clause of the Fifth Amendment;
Res Judicata; Statute of Limitations; 28 U.S.C. § 1491(a)(1); 28 U.S.C. § 2501; 43 U.S.C. § 1752(g);
36 C.F.R. § § 222.1, et seq.; RCFC 12(b)(1) Signed by Judge Braden.

00-540C • KEVIN J. METZ v. THE UNITED STATES

Filed 05/31/2005
Order for judgment following determinations made by the Air Force on remand from the court; back pay; 37 U.S.C.
§ 204; Temporary Early Retirement Authority; 10 U.S.C. § 8914; correction of records; 28 U.S.C. § 1491(a)(2) Signed by Judge Lettow.

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

Filed 05/27/2005
26 U.S.C. § 6103;
26 U.S.C. § 7431; RCFC 37; Deposition; Protective Order; Frivolous Objection; Sanctions Signed by Judge Williams.

01-234V • RICHARD PISCOPO, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/26/2005
Vaccine Act; Non-Table Injury; Multiple Vaccinations; Causation;
Expert Testimony; Due Process Signed by Judge Firestone.

95-706V • DILEMA MORENO, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 05/25/2005
Vaccine Injury Act; Chronic Arthropathy; Rubella Vaccine; "Arthralgia" versus "Arthritis";
Causation-In-Fact; Omnibus Proceedings; Standard of Review of Special Master's Findings of Fact Signed by Judge Block.

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

Filed 05/24/2005
Motion for reconsideration, Rule 59, extraordinary circumstances, timber sale contracts, breach damages, constructive termination Signed by Judge Miller, G..

04-1798T • NORMAN PARSONS, on behalf of LINMAR PROPERTY MANAGEMENT TRUST, v. THE UNITED STATES

Filed 05/24/2005
Motion to dismiss for lack of subject matter jurisdiction; RCFC 12(b)(1); absence of jurisdiction over a tax claim that seeks relief other than a refund of taxes paid Signed by Judge Lettow.

05-495C • HOSPITAL KLEAN OF TEXAS, INC., v. THE UNITED STATES & INTEGRITY MANAGEMENT SERVICES, INC., Intervenor

Filed 05/24/2005
Post-award Bid Protest; Temporary Restraining Order; Bond; RCFC 65; RCFC 65.1; FAR 15.208; Late Proposal Signed by Judge Williams.

00-355C • MICHAEL CHRISTENSEN, ET AL., v. THE UNITED STATES

Filed 05/18/2005
Settlement of a class action; final approval; RCFC 23(e) Signed by Judge Lettow.

04-1132C • HARRY P. TEICHMAN, v. THE UNITED STATES

Filed 05/12/2005
Military Pay; Motion to Dismiss; Statute of Limitations, 28 U.S.C. § 2501 Signed by Judge Horn.

04-1496C • BRUCE E. ZOELLER, v. THE UNITED STATES

Filed 05/12/2005
Motion to Dismiss; Lease of Government Land; Breach of Contract; Fifth Amendment Taking; Election of Forum; Res
Judicata Signed by Judge Horn.

04-118C • ROCHESTER GAS AND ELECTRIC CORPORATION, v. THE UNITED STATES

Filed 05/12/2005
Motion to substitute; RCFC 25(c); Section 302(b)(3) of the Nuclear Waste Policy Act of 1982; supersession of the Assignment of Contracts Act and the Assignment of Claims Act; partial assignment; Restatement (Second) Contracts § 326; joinder; RCFC 20(a) Signed by Judge Lettow.

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

Filed 05/12/2005
Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2); 26 U.S.C. § 6103 Signed by Judge Williams.

04-1560C • ACADIA TECHNOLOGY INC., AND GLOBAL WIN TECHNOLOGY, LTD. v. THE UNITED STATES

Filed 05/11/2005
United States Customs Service; 19 U.S.C. 1526(e); Counterfeit Certification Marks; Illegal Exaction;
Fifth Amendment Taking; Police Power;
Anticounterfeiting Consumer Protection Act of 1996 Signed by Judge Hodges.

04-1418C • CHAPMAN LAW FIRM CO., v. THE UNITED STATES

Filed 05/10/2005
Attorney fees; Equal Access to Justice Act; amendment of application; override of stay during General Accountability Office bid protest Signed by Judge Merow.

03-2470C • ANTHONY J. BROOKS v. THE UNITED STATES - ERRATA

Filed 05/05/2005
Public Health Service Commissioned Corps;
42 U.S.C. § 206(b) and special temporary positions; ministerial acts; deference to military judgment; revocation of
appointment; power to remand Signed by Judge Wolski.

05-228C • ORCA NORTHWEST REAL ESTATE SERVICES, v. THE UNITED STATES and HARRINGTON, MORAN, BARKSDALE, INC. Intervenor

Filed 05/02/2005
Post-Award Bid Protest;
Contract Award Reevaluation Signed by Judge Bruggink.

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

Filed 05/02/2005
Motion in Limine; Fair Labor Standards Act (FLSA); 29 U.S.C. § § 201-219 (2000); Whether Terms of National Treasury Employees Union Collective Bargaining Agreement Waived Claims under FLSA for Work Not "Specifically Ordered or Authorized" Signed by Judge Hewitt.

02-1894C • CONSUMERS ENERGY COMPANY, v. THE UNITED STATES

Filed 04/29/2005
Spent Nuclear Fuel; Nuclear Waste Policy Act; Standard Contract; One-Time Fee; Condition (condition precedent); Delivery Commitment Schedule (DCS); Recoupment; Contract Liability Signed by Judge Damich.

00-660C • SARAH E. KING, v. THE UNITED STATES

Filed 04/29/2005
Review of reconsideration decision of Air Force Board for Correction of Military Records; Survivor Benefit Plan, 10 U.S.C. § § 1447-55; election of former spouse coverage; fraud; proper reconsideration procedure Signed by Judge Wolski.

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