USCFC General Jurisdiction-Reported

RCFC 12(b)(1); Survivor Benefit Plan, 10 U.S.C. § § 1447-1455; Former Spouse Election; Deemed Former Spouse Election; Jan's Helicopter Service, Inc. Signed by Judge Sweeney.

Civilian pay; Underpayment Claim; Prevailing Rate System Act, 5 U.S.C. § § 5341-5349(2006); 5 C.F.R. § 532.211(2009); Continuing Claims Doctrine; RCFC 12(b)(1)Challenge to Claim for Equitable Relief; Money-Mandating Source for Pay Claims; Limits on Administrative Discretion Signed by Judge Bush.

Breach of contract; easement agreement;National Environmental Policy Act;condition precedent Signed by Judge Damich.

Motion to strike; patent invalidity under 35 U.S.C. § 103; requirement to consider evidence of secondary considerations of non-obviousness; effect of the military and state secrets privilege; using the military and state secrets privilege as a "sword" and "shield"; waiver of sovereign immunity in 28 U.S.C. § 1498 Signed by Judge Damich.

Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunction; small-business setaside; irreparable harm; undue hardship; mootness; whether decision not to issue follow-on contract as small business setaside violates 48 C.F.R.(FAR) § 19.502-2(b)(2006) Signed by Judge Miller, C..

Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); motion to dismiss pursuant to RCFC 12(b)(1); small business setaside;jurisdiction; standing; mootness; whether decision not to issue follow-on contract as small business set-aside violates 48 C.F.R. (FAR) § 19.502-2(b)(2000); motion to dismiss pursuant to RCFC 12(b)(6);whether complaint states a cognizable challenge to reasonableness of agency decision not to continue to procure through small business set-aside Signed by Judge Miller, C..

Post-award bid protest; competition among holders of Federal Supply Schedule contracts issued by the General Services Administration; standing; supplementation of the record to include materials from prior protests before the Government Accountability Office; applicability of Federal Acquisition Regulation Subpart 8.4; price-reasonableness analysis Signed by Judge Lettow.

Judgment after trial; Contract Disputes Act; contract for commercial items; termination for cause; compliance with contract specifications; substantial compliance; duty of good faith and fair dealing; reprocurement costs; motion to dismiss for lack of subject matter jurisdiction; Sharman doctrine; judicial estoppel Signed by Judge Wolski.

Certification of a claim under the Contract Disputes Act, 41 U.S.C. § 605; whether recertification is needed for a claim that is presented to a contracting officer for a second time by agreement of the parties; interpretation of a contractual clause providing for economic price adjustment of actual labor costs;FAR § § 16.203-1(a), 16.203-4(c), 52.216-4;disputed issues of material fact Signed by Judge Lettow.

National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-1, et seq.; Hepatitis B Vaccine; Burden of Proof; Prima Facie Case; Expert Witness Credibility Signed by Judge Williams.

Summary Judgment; RCFC 56;Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II Signed by Judge Hewitt.

RCFC 12(b)(1);Contract Carrier;Government Bills of Lading;Straight Bills of Lading;Rights and Remedies of Subcontractors;49 U.S.C. § 13706;41 C.F.R. § 102-118.35 Signed by Judge Firestone.

Fifth Amendment Takings Claim; Border Patrol's Activities on Plaintiffs' Property Near Mexican Border; Statute of Limitations; Partial Liability for Use of Motion- Detecting Sensors Signed by Judge Wheeler.

Motion for reconsideration; RCFC 59; Parol evidence; Attorney-client privilege; Waiver of privilege based upon use of parol evidence Signed by Judge Allegra.

Assignment of Claims Act,31 U.S.C. § 3727(b);Claim Accrual;Estoppel; Jurisdiction; Littoral Rights;Just Compensation Clause, U.S. CONST. amend. V; Regulatory Taking; Riparian Rights;Standing;Statute of Limitations; Waiver Signed by Judge Braden.

Motion to Dismiss for Lack of Jurisdiction; 28 U.S.C. § 1500; Sequence of Filing Claims on Same Day; Preemption of Jurisdiction Under Tucker Act by Civil Service Reform Act of 1978 Signed by Judge Block.

National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1 - 300aa-34 (2006); petition for review; statute of limitations, 42 U.S.C. § 300aa-16(a); occurrence of first symptom or manifestation of onset Signed by Judge Miller, C..

Trial; Claim under bad men clause of Fort Laramie Treaty of 1868; Sexual assault of Sioux woman on Pine Ridge Indian Reservation; Construction of the word "reimburse" as used in the Treaty; Noneconomic damages recoverable under bad men clause; Assault victim found credible and a reliable witness; Nature of damages inquiry; Medical damages determined; Other economic damages determined; Damages for pain, suffering and emotional distress determined; Judgment awarded Signed by Judge Allegra.

Request for reconsideration; bid protest; bid preparation costs; standing Signed by Judge Bruggink.

RCFC 12(b)(1); RCFC 12(b)(6); Corporate Principals' Real Property as Security for Corporation's Payment and Performance Bonds; Purported Counterfeit Bonds; Termination for Default; Fifth Amendment Taking; Illegal Exaction; Privity of Contract Signed by Judge Sweeney.