USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-25C • KENNETH JAMES CARLISLE, JR., v. THE UNITED STATES

Filed 07/22/2005
Military pay case; Motion for judgment on the administrative record contrasted with motion for summary judgment; Bannum applied; Accrued leave pay; Mootness; Section 112 of the Internal Revenue Code of 1986 - compensation for active service in combat zone; Jurisdiction to resolve separation pay issue involving disability payments; Court of Veterans Appeals;
Special duty assignment pay under 37 U.S.C. § 307; Groves construed Signed by Judge Allegra.

03-2653C • JORDAN DEAN MAZA, by his parents and natural guardians, JENNIFER MAZA and RUSSELL MAZA, v. SECRETARY OF THE DEPARTMENT OF HEALTH

Filed 07/22/2005

JORDAN DEAN MAZA, by his parents and natural guardians, JENNIFER MAZA and RUSSELL MAZA, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (03-2653C)

National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-10 to -34; Motion for Review; Table Injury; Causation-in-Fact;
Proof of Causation by Absence of Other Causes; Burden of Proof; Measles-Mumps-Rubella Vaccine; Encephalitis

Signed by Judge Hodges.

95-660C, 95-797C, 95-7971C • BANK OF AMERICA, FSB, et al.,v. THE UNITED STATES

Filed 07/21/2005
Winstar: damages; cost of cover—A damages award must reflect costs actually incurred in replacing supervisory goodwill with tangible capital, including dividends paid on preferred and common shares of stock, transaction costs, and wounded bank damages. An offset based on a thrift's average cost of funds adequately accounts for the benefit of tangible capital over supervisory goodwill Signed by Judge Wiese.

04-805C & 04-806C • STATESMAN II APARTMENTS, INC., v. THE UNITED STATES

Filed 07/20/2005
Summary judgment; RCFC 56; breach of contract; contract interpretation; Housing Assistance Payments contracts;
HUD Section 8 housing program; 42 U.S.C. § 1437f;
1994 amendments to Housing Act of 1937; statute of limitations; stare decisis;
judicial estoppel; unmistakability doctrine Signed by Judge Lettow.

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.

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