USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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00-427C • TIMOTHY W. RICKS, v. THE UNITED STATES

Filed 06/16/2005
10 U.S.C. § 628(b);
10 U.S.C. § 1552; Officer's
Nonselection for Promotion; Remedy for Illegal Instructions to Promotion Boards; Board for Correction of Military Records; Special Selection Boards; Remand to Secretary of the Air Force; Harmless Error Test Signed by Judge Williams.

05-571C • CC DISTRIBUTORS INC., v. THE UNITED STATES

Filed 06/15/2005
Temporary Restraining Order; Unreasonably Low Price Signed by Judge Firestone.

04-65L • JANE PATIENCE KEMP v. THE UNITED STATES

Filed 06/15/2005
Taking; Motion to Dismiss;
Statute of Limitations; Accrual of Physical Taking at Time of Physical Possession Signed by Judge Hewitt.

02-2042 • ROBERT W. SINCLAIR, v. THE UNITED STATES

Filed 06/15/2005
Motion to dismiss; military pay; retirement benefits; voluntary resignation; failure to state a claim;
duress; coercion; government deception or misrepresentation;
mental incompetence; subject matter jurisdiction; 10 U.S.C. § 1552; Military Pay Act, 37 U.S.C. § 204; ineffective assistance of counsel Signed by Judge Damich.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES, INC., v. THE UNITED STATES

Filed 06/14/2005
Claim Construction; Extrinsic Evidence; Intervenor Standing; Intrinsic Evidence; United States Patent No. 6,142,637; United States Patent No. 6,467,914; 28 U.S.C. § 1498(a); 35 U.S.C. § 100(d); 35 U.S.C. § 112; 35 U.S.C. § 181, Invention Secrecy Act; 35 U.S.C. § 183, Secrecy Order; 35 U.S.C. § 281; 41 U.S.C. § 114(b); Fed. R. Evid. 702, 703; RCFC 14(b); RCFC 24(a), (b) Signed by Judge Braden.

02-1909C • HONEYWELL INTERNATIONAL INC., and HONEYWELL INTELLECTUAL PROPERTIES, INC., v. THE UNITED STATES

Filed 06/14/2005
Intervenor; Jurisdiction;
Sanctions; RCFC 14(b);
RCFC 16(f); RCFC 24 Signed by Judge Braden.

03-90C • JAMES G. SUTTON v. THE UNITED STATES

Filed 06/13/2005
Military back pay; Department of the Army Active Duty Board; due process rights Signed by Judge Margolis.

98-894C • SHORTS BROTHERS, PLC, v. THE UNITED STATES

Filed 06/10/2005
Contracts; breach of contract; illegal contract; commercial impracticability;
impossibility; superior knowledge; mutual mistake; defective government furnished property; duties of good faith and fair dealing; unjust enrichment Signed by Judge Miller, C..

99-35C • CONNER BROTHERS CONSTRUCTION CO., INC. v. THE UNITED STATES

Filed 06/10/2005
Motion for Summary Judgment RCFC 56; Contract Disputes Act of 1978, 41 U.S.C. § 601, et seq. (2000); Contract Interpretation; Equitable Adjustment; Site Visit;
Differing Site Conditions;
Defective Drawings; Impossibility; Superior Knowledge; Mistake;
Equitable Estoppel Signed by Judge Bush.

02-1952C • SAB CONSTRUCTION, INC. v. THE UNITED STATES

Filed 06/10/2005
Equitable Adjustment; Cost of Self-Insurance; Claims for Future Liabilities not yet Accrued; Litigation Costs as a Damage; Consultant Costs Under the Contract Disputes Act, 41U.S.C. § § 601-613 (2005) ("CDA");
Restitution Signed by Judge Firestone.

4-35C • CANAL ELECTRIC COMPANY v. THE UNITED STATES

Filed 06/09/2005
Nuclear Waste Policy Act of 1982; Title 42 U.S.C. § § 10101-10270; Spent Nuclear Fuel Case; Standard Contract; Fifth Amendment Takings; Breach of Contract Signed by Judge Hodges.

05-375C • MTB GROUP, INC., v. THE UNITED STATES

Filed 06/07/2005
Contracts; pre-award protest; 28 U.S.C. § 1491(b)(1) (2000); Procurement Integrity Act, 41U.S.C. § 423 (2000); deference to Government Accountability Office decision; mandatory disclosure of confidential information; Freedom of
Information Act, 5 U.S.C. § 552(a) (2000 & Supp. 2002) Signed by Judge Miller, C..

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

Filed 06/07/2005
Excusable neglect as a ground for extending time for filing appeal; Fed. R. App. P. 4(a)(5)(A) Signed by Judge Lettow.

02-182V • WILLIAM AND SHANNON VESSELS v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ERRATA

Filed 06/03/2005
Vaccine Act; motion for relief from judgment, Vaccine Rule 36; jurisdiction; change in law Signed by Judge Wolski.

04-1177C • UNIVERSITY RESEARCH CO., LLC, v. THE UNITED STATES & IQ SOLUTIONS, INC. Intervenor

Filed 06/03/2005
Post-award bid protest; motion for preliminary injunction; cost realism; cost normalization; past performance evaluation Signed by Judge Wolski.

04-46C, 01-251C, 01-416C • CUYAHOGA METROPOLITAN HOUSING AUTHORITY, v. THE UNITED STATES

Filed 06/02/2005
Summary judgment; Breach of contract; HUD section 8 housing program; HAP contracts; 1994 amendments to Housing Act of 1937; HUD Notice 95-12; Damages; One-percent rule of 42 U.S.C. § 1437f(c)(2)(A); Expectancy damages; Legal impact of law effectuating a breach; Causation v. mitigation; Construction of overall limitation in HAP contracts and 42 U.S.C. § 1437f(c)(2)(C); Judicial estoppel; Cost of comparability studies; Prejudgment interest Signed by Judge Allegra.

02-182V • WILLIAM AND SHANNON VESSELS v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 06/01/2005
Vaccine Act; motion for relief from judgment, Vaccine Rule 36; jurisdiction; change in law Signed by Judge Wolski.

03-1766C • EDWARD B. BLOCK v. THE UNITED STATES

Filed 06/01/2005
Conversion; Jurisdiction Over Torts; Transfer Pursuant to 28 U.S.C. § 1631; Implied-in-Fact Contract; Identification of Proprietary Data;
Fifth Amendment Taking: Failure to Protect Data Signed by Judge Firestone.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION,FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR ...

Filed 05/31/2005

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION,FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK,Plaintiff-Intervenor, v. THE UNITED STATES
(95-523C)

Causation; Collateral and Essential Reliance Interests; Financial Institutions Reform Law, Recovery, and Enforcement Act, Pub. L. No. 101-73, 103 Stat. 183 (1989); Foreseeability; Reasonable Certainty; RESTATEMENT (SECOND) OF CONTRACTS § 349; Winstar-Related Case

Signed by Judge Braden.

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.

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