USCFC General Jurisdiction-Reported

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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.

2793C • GULF GROUP, INC., v. THE UNITED STATES

Filed 07/30/2004
Post-award bid protest; discovery to supplement the record; deference given to negotiated procurement decisions; relevance of past performance information; alleged disparate treatment; immaterial errors; failure to seek clarifications; HUBZone preference; suspension of SDB preference under 10 USC § 2323; notice of FAR deviations Signed by Judge Wolski.

03-412C • RUTHIE GRISWOLD AND IRMA COLEMAN v. THE UNITED STATES

Filed 07/30/2004
Motion for Reconsideration; Jurisdiction; Settlement Agreement in case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e-2000e-17 (2000); Claim for equitable relief; Transfer back to district court, 28 U.S.C. § 1631 (2000) Signed by Judge Hewitt.

95-771C • DODSON LIVESTOCK CO., v. THE UNITED STATES

Filed 07/30/2004
Contract for the Sale of Animals; Contract Disputes Act; Breach of Warranty; Government Representations Signed by Judge Horn.

03-2811C • UNITED STATES FIRE INSURANCE CO., v. THE UNITED STATES

Filed 07/30/2004
Motion to Dismiss; Jurisdiction; Surety Claim; Doctrine of Equitable Subrogation Signed by Judge Horn.

02-784C • CHARLES BICE, Executor of the Estate of MARTHA BICE v. THE UNITED STATES

Filed 07/29/2004
Public Safety Officers' Benefits Act, 42 U.S.C. § 3796, et seq.; Smoke inhalation; Heart disease; Reasonable doubt, 28 C.F.R. § 32.4; 28 C.F.R. § 32.5; Evidence Signed by Judge Baskir.

03-177C • RILEY & EPHRIAM CONSTRUCTION COMPANY, INC., v. THE UNITED STATES

Filed 07/29/2004
CDA: Contracting Officer's decision; timeliness of appeal; receipt - certified mail at post office box; - by facsimile transmission Signed by Judge Baskir.

01-256T & 01-257T • MARRIOTT INTERNATIONAL RESORTS, L.P., ET AL., v. THE UNITED STATES

Filed 07/29/2004
Motion to compel discovery; executive privilege; deliberative-process doctrine; delegation of authority to invoke executive privilege; RCFC 26 Signed by Judge Lettow.

03-1416L • RIVIERA DRILLING AND EXPLORATION COMPANY, INC., v. THE UNITED STATES

Filed 07/28/2004
Contract; Takings; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 56; Privity of Contract; Failure to Allege an Express or Implied-in-Fact Contract; Ripeness of Temporary Takings Claim; Failure to Allege Extraordinary Delay Signed by Judge Hewitt.

95-34V • IRENE BAKER GRUBER, by and through her Parents and Natural Guardians, MICHAEL GRUBER and LANA BAKER v. THE UNITED STATES

Filed 07/28/2004
National Vaccine Injury Compensation Program; Significant Aggravation; Whitecotton; Preexisting Condition Signed by Judge Bruggink.

03-1987C • SALVADOR CONEJO-ORTEGA, v. THE UNITED STATES

Filed 07/23/2004
Summary judgment; Reward contract; DEA and FBI agents; Lack of authority; Implied actual authority; Reward poster; Illusory promise Signed by Judge Allegra.

90-3982C • AMERICAN HERITAGE BANCORP v. THE UNITED STATES

Filed 07/23/2004
Winstar-related Case; Motion for Summary Judgment; 28 U.S.C. § 2514; Elements of Special Plea in Fraud; Fraud in the Formation; Imputation of Fraud Signed by Judge Firestone.

04-505C • HUNT BUILDING COMPANY, LTD, v. THE UNITED STATES & ACTUS LEND LEASE, LLC,Intervenor

Filed 07/21/2004
Pre-award Bid Protest; Military Housing Privatization Initiative,10 U.S.C. § § 2870-2885; Subject Matter Jurisdiction; Final Agency Action; Ripeness; Standing; Timeliness; Supplementation of the Administrative Record; Compliance with the Solicitation; Fair and Equal Treatment of Offerors; Permanent Injunctive Relief Signed by Judge Williams.

01-542C • L. W. MATTESON, INC.,v. THE UNITED STATES

Filed 07/20/2004
Summary Judgment; Breach of Contract; Superior Knowledge Doctrine; Cardinal Change; Commercial Impracticability; Mutual Mistake Signed by Judge Block.

04-295C • FEDERAL MANAGEMENT SYSTEMS, INC.,v. THE UNITED STATES

Filed 07/20/2004
Contracts; bid protest; 28 U.S.C. § 1491(b)(2) (2000); cost comparison, 48 C.F.R. (FAR) § 52.207-2 (2003) Signed by Judge Miller, C..

04-236T • LAKERRA SUMTER v. THE UNITED STATES

Filed 07/20/2004
Tax Refund; Motion to Dismiss; Jurisdiction; Due Process Claims; Tort Claims Signed by Judge Horn.

97-318C • FRANCONIA ASSOCIATES, ET AL.,v. THE UNITED STATES

Filed 07/16/2004
Improper joinder; RCFC 19(a); RCFC 20(a); Having common legal or factual questions not enough, in itself, to support permissive joinder under RCFC 20(a); Comparison to RCFC 40.2; RCFC 21 - appropriate relief; Severance ordered Signed by Judge Allegra.

03-1614C • GERALD T. CARR, ET AL.,v. THE UNITED STATES

Filed 07/16/2004
Prevailing Rate Systems Act, 5 U.S.C. § § 5341-5349 (2000); Premium Pay and Differentials, 5 C.F.R. § 532, App. A to Subpart E (2004); Back Pay Act, 5 U.S.C. § 5596 (2000); Occupational Safety and Health Act, 29 U.S.C. § § 651-678 (2000); environmental differential pay; statute of limitations; fraudulent concealment; threshold airborne asbestos exposure concentration level; supervisory employees Signed by Judge Miller, C..

04-304C • DISMAS CHARITIES, INC.,v. THE UNITED STATES & BANNUM, INC., Defendant-Intervenor

Filed 07/14/2004
Bid Protest; best value; lowest price technically acceptable; arbitrary and capricious; judgment on the administrative record; RCFC 56.1; source selection decision; source selection evaluation panel Signed by Judge Miller, G..

98-934L • SARA ILLIG,For Herself and as Representative of a Class of Similarly Situated Persons v. THE UNITED STATES

Filed 07/12/2004
Class action; Motion to amend entry of appearance; Rule 15 RCFC; Relation back; Limitations of actions Signed by Judge Bruggink.

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