USCFC General Jurisdiction-Reported

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90-284C • COMPUTERVISION CORPORATION v. THE UNITED STATES

Filed 09/09/2004
Tax Refund Claim; Statute of Limitations, 26 U.S.C. § 6511(a); Requirement to File an Administrative Claim Prior to Bringing Suit, 26 U.S.C. §7422(a); Specificity of Administrative Refund Claims, 26 C.F.R. § 301.6402-2(b)(1); Variance Between Administrative Claim and Claim Before the Court; Amendments to Refund Claims; Interest Suspension, Rev. Rul. 99-40; Global Interest Netting, 26 U.S.C. § 6621(d) Signed by Judge Horn.

92-844C • STANDARD FEDERAL BANK (formerly known as Heritage Federal Savings Bank), v. THE UNITED STATES

Filed 09/09/2004
Winstar-related Case; Contract Damages; Expectancy Damages; Lost Profits; Cost of Replacement Capital; Reliance Damages Signed by Judge Horn.

95-541C • HOME FEDERAL BANK OF TENNESSEE, F.S.B. v. THE UNITED STATES

Filed 09/08/2004
Contracts; Winstar-related case; liability for breach of contract; liability for breach of contract implied in fact; authority of supervisory agents; summary judgment Signed by Judge Yock.

04-239L • JOHN AND CAROL O'DONNELL v. THE UNITED STATES

Filed 09/08/2004
Impact of filing notice of appeal where the appellate court plainly lacks jurisdiction; Order staying discovery; Interlocutory; Trial court jurisdiction retained; Response to motion to dismiss ordered Signed by Judge Allegra.

00-315C • GARY L. AARON, ET. AL., v. THE UNITED STATES

Filed 09/07/2004
Civilian pay claims; Discovery dispute; Motion for sanctions; Court's jurisdiction to declare rights of employees with respect to leave status Signed by Judge Bruggink.

01-33C • PAYMASTER TECHNOLOGIES, INC. v. THE UNITED STATES ERRATA

Filed 09/03/2004
Patents; infringement; invalidity, 35 U.S.C. § 112 (2000); implied license; obviousness, 35 U.S.C. § 103(a); anticipation; on-sale bar, 35 U.S.C. § 102(b); joint inventorship, 35 U.S.C. § 116; reasonable royalty Signed by Judge Miller, C..

97-381C, 97-3812C & 97-38129C • FRANCONIA ASSOCIATES, ET AL., v. THE UNITED STATES ERRATA

Filed 09/02/2004
Rural housing program under section 515 of the Housing Act of 1949; Prepayment right; ELIHPA and the HCDA; Breach of contract; Unmistakability doctrine; Law of the case doctrine; Takings; Expectancy damages; Lost profits; Mitigation; Proximate result; Forseeability; Reasonable certainty; Time of breach; Discounted cash flow; Speculation vs. reasonable approximation Signed by Judge Allegra.

03-1874C • EDWARD T. ARAKAKI AND HELEN ARAKAKI v. THE UNITED STATES

Filed 09/01/2004
Contract; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Motion for Summary Judgment; Rule 56; Statute of Limitations; Authority of HUD Field Asset Manager to agree to permit prospective purchaser of property to bid on HUD mortgage in foreclosure Signed by Judge Hewitt.

97-187C, 01-148C • HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC.,v. THE UNITED STATES

Filed 08/31/2004
Trial; Contract Disputes Act; Federal Employees Health Benefits Program; Failure to pay premiums; Underpayment for 1990 through 1996 determined; Underpayment for 1988 and 1989 denied; Administrative and contingency reserves; Jurisdiction to resolve non-monetary disputes; Specific performance; Interest Signed by Judge Allegra.

00-575C • BRENDA SHELTON HAYNES v. THE UNITED STATES

Filed 08/31/2004
Summary Judgment; Claim for Damages for Breach of HUD Mortgage; RCFC 56(c); Absence of Genuine Issues of Material Fact Signed by Judge Hewitt.

94-1C and 98-39C • CIENEGA GARDENS, ET AL AND CHANCELLOR MANOR, ET AL, v. THE UNITED STATES

Filed 08/31/2004
Consolidation; RCFC 42(a) Signed by Judge Lettow.

93-531C • AMBASE CORPORATION AND CARTERET BANCORP, INC. & FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor v. THE UNITED STATES

Filed 08/31/2004
Winstar-related case; savings and loan; damages; receivership deficit; Tucker Act jurisdiction Signed by Judge Smith.

92-872C • AMERICAN SAVINGS BANK, F.A., ET AL, v. THE UNITED STATES

Filed 08/31/2004
Winstar damages; Summary Judgment; Partial Restitution; Lost Profits; Reliance and consequential damages; Regulatory capital provisions; Signed by Judge Smith.

97-381C, 97-3812C & 97-38129C • FRANCONIA ASSOCIATES, ET AL., v. THE UNITED STATES ERRATA

Filed 08/30/2004
Rural housing program under section 515 of the Housing Act of 1949; Prepayment right; ELIHPA and the HCDA; Breach of contract; Unmistakability doctrine; Law of the case doctrine; Takings; Expectancy damages; Lost profits; Mitigation; Proximate result; Forseeability; Reasonable certainty; Time of breach; Discounted cash flow; Speculation vs. reasonable approximation Signed by Judge Allegra.

01-362C • APTUS COMPANY v. THE UNITED STATES

Filed 08/30/2004
FAR § 52.249-10 Termination for Default: Construction Contracts; Failure to Make Progress; Justification of Default by Evidence of Fraud Offered Post-Hoc Disallowed Based on Waiver; Material Breach Signed by Judge Gibson.

03-2063C • ALTON B.HORNBACK v. THE UNITED STATES

Filed 08/30/2004
Remand; Res Judicata; RCFC 11; Sanctions Signed by Judge Hewitt.

94-1A-C • INDEPENDENCE PARK APARTMENTS, ET AL., v. THE UNITED STATES

Filed 08/27/2004
Fifth Amendment; temporary regulatory taking; Cienega-related case; Emergency Low Income Housing Preservation Act of 1987; Low-Income Housing Preservation and Resident Homeownership Act of 1990; Housing Opportunity Program Extension Act of 1996; remand of reinstated judgment; mandate rule; law of the case; just compensation; discounting; interest Signed by Judge Lettow.

03-1390C • MICHAEL STRICKLAND v. THE UNITED STATES

Filed 08/25/2004
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Board for Correction of Naval Records; Final Agency Action; Motion for Reconsideration; Statutory Interpretation; 10 U.S.C. § 1552(a)(1); RCFC 59(a)(1) Signed by Judge Braden.

03-1871C • ROBERTA B. v. THE UNITED STATES

Filed 08/20/2004
Statute of Limitations: A suit to recover monies withheld from an employee's salary in satisfaction of a debt owed to the government accrues when the offset is taken and not when the debt is first administratively established. Res Judicata: An administrative decision affirming a determination of a debt owed to the government does not preclude a review action in this court where adjudication before the agency did not provide the claimant with an opportunity to cross-examine witnesses or to seek discovery. Legal Sufficiency of the Complaint: The dismissal of a complaint for failure to state a claim upon which relief can be granted is not appropriate where a hospitable reading of the facts alleged identifies a potential basis for recovery. Signed by Judge Wiese.

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

Filed 08/18/2004
Post-Award Bid Protest; Standing; State Action Doctrine; Substantial Chance; 10 U.S.C. § 2305(b)(3), The Competition Contracting Act; 15 U.S.C. § 2, The Sherman Act; 28 U.S.C. § 1491(b)(1), The Tucker Act; 42 U.S.C. § 6961, The Resource Conservation and Recovery Act of 1976; Wash. Rev. Code § 81.77.040; RCFC 12(b)(1); 28 C.F.R. § 50-9 Signed by Judge Braden.

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