USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

98-101L • TULARE LAKE BASIN WATER STORAGE DISTRICT, ET AL.,v. THE UNITED STATES

Filed 08/18/2004
Fifth Amendment Taking—Rate of interest to be applied to an award of just compensation Signed by Judge Wiese.

02-558C • AFD FUND v. THE UNITED STATES

Filed 08/17/2004
Breach of contract; claim against the Army and Air Force Exchange Service; 28 U.S.C. § 1491(a)(1); cross-motions for summary judgment; Rule 56(c); final judgment on some claims; Rule 54(b); summaries of evidence; Fed. R. Evid. 1006; business records; Fed. R. Evid. 803(6) Signed by Judge Lettow.

03-2292C • JOHN E. MCCAFFERTY, D/B/A CLASSIC CATERING v. THE UNITED STATES

Filed 08/16/2004
Jurisdiction; Non-Appropriated Fund Instrumentality;28 U.S.C. § 2517; RCFC 12(b)(1) Signed by Judge Braden.

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

Filed 08/16/2004
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..

03-800C • BRANDON KEL ONE FEATHER AS SURVIVING CHILD OF POLICE OFFICER KELMAR HARWIN ONE FEATHER v. THE UNITED STATES

Filed 08/16/2004
Public Safety Officers' Benefits Act, 42 U.S.C. § 3796, Bureau of Justice Assistance, Standard of review for denial of benefits Signed by Judge Damich.

98-314L • CENTRAL PINES LAND COMPANY, ET. AL., v. THE UNITED STATES

Filed 08/12/2004
Taking; subsurface mineral interests; prescription of mineral interests merging with surface rights; statute of limitations; equitable tolling; continuing claim doctrine Signed by Judge Yock.

03-2861C • GENE E. DUDLEY, SR., v. THE UNITED STATES

Filed 08/12/2004
Prison Litigation Reform Act of 1995 ("PLRA"); in forma pauperis Signed by Judge Firestone.

02-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP v. THE UNITED STATES

Filed 08/10/2004
Subject matter jurisdiction; waiver of sovereign immunity; claims arising under express contract; Multifamily Assisted Housing Reform and Affordability Act of 1997 Signed by Judge Wolski.

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

Filed 08/09/2004
Administrative Procedure Act, 5 U.S.C. § 706; Board for Corrections of Naval Records; Deference; Due Process; Jurisdiction; Justiciability; Separation of Powers; Statutory Interpretation; 10 U.S.C. § 1552(a)(1); 32 C.F.R. § 723.1-11; RCFC 56.1 Signed by Judge Braden.

96-817T • ATCHISON, TOPEKA, AND SANTA FE RAILROAD CO., v. THE UNITED STATES

Filed 08/06/2004
Railroad Retirement Tax Act; Omnibus Budget Reconciliation Act of 1989; § 401(k) plans; Retroactive Tax Legislation; Equality of Treatment; Due Process; Equal Protection Signed by Judge Bruggink.

03-1247C • ROBERT CURTIS v. THE UNITED STATES

Filed 08/06/2004
Rule 60(b) of the Rules of the United States Court of Federal Claims; Relief from Final Judgment Based on Mistake Signed by Judge Hewitt.

03-1274C • CW GOVERNMENT TRAVEL INC., v. THE UNITED STATES & and NORTHROP GRUMMAN SPACE & MISSION SYSTEMS CORPORATION, Defendant-Intervenor

Filed 08/03/2004
Injunctive Relief; Contract Disputes Act, Contracting Officer's Final Decision, Judgment on the Administrative Record; Standing; Competition in Contracting Act, 41 U.S.C. § 253(a) Signed by Judge Miller, G..

95-496C • PALFED, INC. and PALMETTO FEDERAL SAVINGS BANK OF SOUTH CAROLINA, v. THE UNITED STATES

Filed 07/30/2004
Breach of Implied Contract; Mutuality of Intent; Winstar-related case Signed by Judge Braden.

01-576C • JOHN DOE v. THE UNITED STATES

Filed 07/30/2004
Moiety Claim, 19 U.S.C. § 1619, 19 C.F.R. § 161.16; Omnibus Anti-Drug Act, 19 U.S.C. § 1619(a); Purchase of Information Award Signed by Judge Braden.

98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT, v. THE UNITED STATES

Filed 07/30/2004
Just Compensation Clause; Nuclear Waste Policy Act, 42 U.S.C. § § 10101 et seq.; RCFC 12(b)(6) Signed by Judge Braden.

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