USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-2201C • TIGER NATURAL GAS, INC. v. THE UNITED STATES

Filed 07/09/2004
Breach of contract; claim against   contractor by General Services   Administration; motion to dismiss; jurisdiction over claim for declaratory relief; 28 U.S.C.   § 1491(a)(2); Rule 12(b)(6); interest; 41 U.S.C. § 611
Signed by Judge Lettow.

03-1538C • ADNAN AWAD AND LYNN AWAD v. THE UNITED STATES

Filed 07/09/2004
Motion to dismiss; contract; subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; authority to bind the government; sovereign versus proprietary government contracts Signed by Judge Damich.

04-556C • BETA ANALYTICS INTERNATIONAL, INC., v. THE UNITED STATES & MADEN TECH CONSULTING, INC.,Intervenor

Filed 07/09/2004
Motion for discovery in post-award bid protest; presumption of regularity and good faith conduct; organizational conflict of interest review Signed by Judge Wolski.

04-154C • INTERNATIONAL RESOURCE RECOVERY, INC., v. THE UNITED STATES and ROLLOFFS HAWAII, INC., Intervenor

Filed 07/02/2004
Post-Award Bid Protest; Supplementation of Administrative Record; Allegations of Bias, Bad Faith, and Erroneous Past Performance Evaluation Signed by Judge Williams.

99-765C • SODEXHO MARRIOTT MANAGEMENT, f/k/a MARRIOTT MANAGEMENT SERVICES v. THE UNITED STATES

Filed 07/02/2004
Contracts; nonappropriated fund instrumentality (NAFI); military morale, welfare, and recreation activity; Contract Disputes Act; retroactivity; motion to dismiss; subject matter jurisdiction; motion to transfer; and reinstatement of takings claim previously dismissed. Signed by Judge Yock.

00-540C • KEVIN J. METZ v. THE UNITED STATES

Filed 06/30/2004
Military Pay Act, 37 U.S.C. § 204; motion to dismiss; Rule 12(b)(1); motion for judgment upon the administrative record; Rule 56.1; Air Force Board for Correction of Military Records; constructive military service; evidentiary hearing on jurisdictional facts; voluntariness of separation from the military in lieu of court-martial; ineffective assistance of counsel; DNA evidence; sample destruction; recovery of back-pay by enlisted service member; mitigation of backpay damages; right to reenlistment; remand; Rule 56.2 Signed by Judge Lettow.

03-2005C • GWENDOLYN Y. HOSKINS v. THE UNITED STATES

Filed 06/30/2004
Military Pay; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Cross-Motions for Judgment on the Administrative Record; RCFC 56.1; Jurisdiction; Justiciability; Supplemental Promotion Consideration Signed by Judge Hewitt.

99-400C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI, v. THE UNITED STATES

Filed 06/30/2004
Motion to Strike; RCFC 12(f); Bid Preparation and Proposal Costs; 28 U.S.C. § 1491(b)(2) (2000); Severin Doctrine; Sufficiency of Evidence Signed by Judge Hewitt.

03-1879C • CHARLES H. ELLIOTT v. THE UNITED STATES

Filed 06/30/2004
Military discharge, separation pay 28 U.S.C. 2501 Signed by Judge Hodges.

03-1499C • DAVID EARL MOORE, ET AL., v. THE UNITED STATES

Filed 06/29/2004
RCFC 56.1; Judgment on the Administrative Record; Plaintiff, Collateral Review of Courts-Martial Signed by Judge Block.

95-497C • PERPETUAL FINANCIAL CORP., v. THE UNITED STATES

Filed 06/25/2004
Causal Connection; Constitutional Standing; Derivative Action; Injury In Fact; Mutuality of Intent; Novation; Supervisory Goodwill; Third-Party Beneficiary; Winstar-related Case Signed by Judge Braden.

04-0082C • FIRST ENTERPRISE v. THE UNITED STATES

Filed 06/25/2004
Post-Award Bid Protest; Summary Judgment; Agency Estimate; Cost Realism; Anti- Deficiency Act; Price Reasonableness; Cost and Pricing Data; Cancellation of Invitation for Bid Signed by Judge Block.

91-1550C • GLOBE SAVINGS BANK, F.S.B. & PHOENIX CAPITAL GROUP, INC., v. THE UNITED STATES

Filed 06/24/2004
Admission by party-opponent; Fed. R. Evid. 801(d)(2); use of depositions at trial; RCFC 32(a)(2); challenge to expert testimony on relevancy grounds; Fed. R. Evid. 702; designation of new witnesses; RCFC App. A, ¶ 13(b); limitations on deposition; RCFC 30(d)(2) Signed by Judge Lettow.

03-1215C • THOMAS PECKHAM AND PATRICIA PECKHAM v. THE UNITED STATES

Filed 06/24/2004
Summary Judgment; Settlement Agreement; Contract Interpretation Signed by Judge Horn.

00-737C • DAVID A. SCHOLL v. THE UNITED STATES

Filed 06/23/2004
Civilian back pay claim; Bankruptcy court system; Bankruptcy judge; Judicial review of adverse personnel actions; Civil Service Reform Act of 1978, Pub. L. 95-454, 92 Stat. 1111; Bankruptcy Reform Act of 1978, Pub. L. 95-598, 92 Stat. 2549; Fausto doctrine Signed by Judge Baskir.

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

Filed 06/21/2004
Railroad Retirement Act; Supplemental Annuity Taxes; Interest-free Adjustments Signed by Judge Bruggink.

03-728C • GENTEX CORPORATION v. THE UNITED STATES

Filed 06/18/2004
Bid Protest Remedy; 28 U.S.C. § 1491(b); Bid Preparation and Proposal (B&P) Costs; Reliance Damages; Recovery of Teammates' B&P Costs; Profit As An Element of B&P Costs Signed by Judge Williams.

93-134L • DOROTHY M. MOORE, ET AL.,v. THE UNITED STATES

Filed 06/18/2004
Takings; Rails to Trails Act; Damages for Imposition of New Easement Signed by Judge Bruggink.

02-582C • CLAY ADAM SEAY v. THE UNITED STATES

Filed 06/17/2004
Taking; Illegal Exaction; Seized Evidence; Criminal Investigation; Rule 41(g) of the Federal Rules of Criminal Procedure; Federal Tort Claims Act Signed by Judge Firestone.

01-605V • EARL DIXON and JOY DIXON, Parents of NOAH MATTHEW DIXON, Petitioners, v. THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN ...

Filed 06/16/2004

EARL DIXON and JOY DIXON, Parents of NOAH MATTHEW DIXON, Petitioners, v. THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Vaccine-Related Injuries; 42 U.S.C. § § 300aa-1 to 34; Standard of Review in Vaccine Cases; Petitioners' Burden of Proof

Signed by Judge Block.

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