USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-1389T • JOHN D. & KATHLEEN DRAPER v. UNITED STATES

Filed 10/05/2004
Worthless Security (IRC § 165(g));
Statute of Limitations (IRC § 6511(d)(1)) Signed by Judge Firestone.

04-541L • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER

Filed 10/04/2004
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES

Takings; transfer pursuant to 28 U.S.C. § 1631 (2000); statute of limitations, 28 U.S.C. § 2501 (2000); whether statute of   limitations precludes jurisdiction for a claim ordered to be transferred when order of transfer and filing in transferee
court occur ten years later; whether contract cause of action on same facts can be added after transfer of takings claim; law of the case Signed by Judge Miller, C..

96-237L • CANE TENNESSEE, INC., ET AL., v. UNITED STATES

Filed 10/03/2004
Taking; Summary Judgment; Motion for Reconsideration; Relevant Parcel; Valuation of Timber; Expert Reports; Penn Central Test; Reasonableness of Investment-Backed Expectations Signed by Judge Hewitt.

02-1916T, etc. • CENCAST SERVICES, LP, ET AL., v. UNITED STATES

Filed 09/30/2004
Tax refund, Federal Income Contribution Act, FICA, Federal Unemployment Tax Act, FUTA, common law employer, statutory employer, I.R.C. § 3401(d), computation of wage base, deference to IRS's administrative practice and interpretation of Internal Revenue Code Signed by Judge Miller, G..

95-498C • AMERICAN FEDERAL BANK, FSB, v. UNITED STATES OF AMERICA

Filed 09/30/2004
Winstar-related case; contract formation; mutual intent to contract; contract modification;
substituted contract Signed by Judge Lettow.

02-115C • GEORGE H. AHRENS, ET. AL., v. UNITED STATES

Filed 09/30/2004
Motion for summary judgment; accord and satisfaction; meeting of the minds; competent parties;
consideration; FLSA; overtime compensation; union Signed by Judge Damich.

00-703C • POWER AUTHORITY OF THE STATE OF NEW YORK v. UNITED STATES

Filed 09/30/2004
Motion to Strike; FRE 408; Settlement; Spent Nuclear Fuel;
Rate of Acceptance Signed by Judge Damich.

03-2212C • CONSCOOP - CONSORZIA FRA COOPERATIVE DI PROD. E LAVORO v. UNITED STATES

Filed 09/30/2004
Post-Award Bid Protest; Injunctive Relief; Late Proposal;
FAR 52.215-1 Signed by Judge Horn.

03-1618C • BRAWNDON CARTER v. THE UNITED STATES

Filed 09/29/2004
Taking; pleading and practice; criminal procedure Rule 41; transfer pursuant to 28 U.S.C. § 1631(2000) Signed by Judge Yock.

97-44C • JOSEPH DUREIKO, as Trustee, and SOUTHERN PINE ISLE CORPORATION, a Florida Corporation, v. THE UNITED STATES

Filed 09/29/2004
Breach of Contract; Meeting of Minds; Authority to Contract;
Ratification; Release of Claims; Third Party Beneficiary Signed by Judge Horn.

02-306C • RENDA MARINE, INC., v. THE UNITED STATES

Filed 09/29/2004
Discovery; e-mail; privileged communications; attorney-client; work product Signed by Judge Hewitt.

99-721 • THE AMERICAN INSURANCE COMPANY v. THE UNITED STATES

Filed 09/28/2004
Summary judgment; Miller Act surety; No contractual relationship between surety and government; No right to equitable subrogation; National Surety distinguished; Contract did not mandate retainages; No abuse of discretion in making progress payments to contractor; General reliance on fiduciary or equitable duties rejected Signed by Judge Allegra.

02-1096C • FLEXFAB, LLC, v. THE UNITED STATES

Filed 09/28/2004
Summary Judgment; Breach of Contract; Third-Party Beneficiary; Implied in Fact Contract; Government Agent Authority to Bind United States Signed by Judge Block.

03-1345C • FREDERICK J. SONNENFELD v. THE UNITED STATES

Filed 09/24/2004
RCFC 12(b)(1), RCFC 12(b)(6), Tucker Act, 28 U.S.C. § 1491, Student Loan Repayment Program, Enlistment Contract, Army Regulation 135-7, Military Pay Signed by Judge Miller, G..

04-132C • KEETON CORRECTIONS, INC.,v. THE UNITED STATES AND DISMAS CHARITIES, INC., Intervening Defendant

Filed 09/23/2004
Equal Access to Justice Act; Attorney fees; No recovery for prior court activity; COLA Signed by Judge Merow.

99-489C • WALLACE FORMAN v. THE UNITED STATES

Filed 09/22/2004
FBI Agent; Contracts; Breach of Contract; Reimbursement of Expenses Deemed in Furtherance of Contract; Absence of Explicit or Specific Pre-approval not Basis for Denying Reimbursement Signed by Judge Hodges.

99-194C • MARKETING AND MANAGEMENT INFORMATION, INC., v. THE UNITED STATES

Filed 09/20/2004
Contracts; Brooks Act; Motion in Limine; Right to Damages Even in Absence of Appropriated Funds for Performance; Application of CDA to Barter Contract Signed by Judge Bruggink.

03-2485C • FOREST PRODUCTS NORTHWEST, INC., v. THE UNITED STATES

Filed 09/17/2004
RCFC 26 Protective Order; Motion to Dismiss; Jurisdiction of Court of Federal Claims and U.S. Court of International Trade; Antidumping and Countervailing Duties; Exhaustion of Remedies Signed by Judge Block.

04-1200C • EAGLE DESIGN MANAGEMENT, INC., v. THE UNITED STATES and CIRCLE SOLUTIONS, INC., Intervenor

Filed 09/16/2004
Post-award Bid Protest; 28 U.S.C. § 1491(b); Interested Party; Subcontractor Standing Signed by Judge Williams.

97-31C • JACKSON CONSTRUCTION, CO., INC., v. THE UNITED STATES

Filed 09/15/2004
Contracts; construction; early completion delay claim; cumulative impact claim; total cost damage theory; accord and satisfaction Signed by Judge Yock.

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