USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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91-1550C • THE GLOBE SAVINGS BANK, F.S.B., and PHOENIX CAPITAL GROUP, INC., v. THE UNITED STATES

Filed 04/29/2005
Winstar-related case; expectancy damages; Restatement (Second) Contracts § 347; lost profits; incidental losses Signed by Judge Lettow.

99-294C • C. H. GUERNSEY & CO., v. THE UNITED STATES

Filed 04/29/2005
Contract Disputes Act, 41 U.S.C. § 609;
The Tucker Act, 28 U.S.C. § 1491(a)(2);
28 U.S.C. § § 1503, 2508;
41 U.S.C. § 605(c)(1);
48 C.F.R. § 2.101 Signed by Judge Braden.

02-1183C • DANIEL L. AULL, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 04/29/2005
National Childhood Vaccine Injury Act; State court negligence proceeding Signed by Judge Bruggink.

02-953C • RILEY CONSTRUCTION COMPANY, v. THE UNITED STATES

Filed 04/28/2005
Contract Disputes Act; Equitable Adjustment;
Forfeiture of Fraudulent Claims, 28 U.S.C. § 2514; Fraud Provision of the Contract Disputes Act, 41 U.S.C. § 604; False Claims Act, 31 U.S.C. § 3729; "Knowingly"; "Deliberate Ignorance";
"Reckless Disregard"; Incurred Costs;
Architecture and Engineering Fees;
Bid-Design-Build Project; Signed by Judge Hodges.

03-1798C • AMERICAN RENOVATION AND CONSTRUCTION COMPANY, v. THE UNITED STATES

Filed 04/28/2005
Motion to Intervene; RCFC 24; ancillary jurisdiction; what constitutes a legally protectable interest; subject matter jurisdiction;
third party practice in the Court of Federal Claims Signed by Judge Damich.

05-228C • ORCA NORTHWEST REAL ESTATE SERVICES, v. THE UNITED STATES and HARRINGTON, MORAN, BARKSDALE, INC. Intervenor

Filed 04/28/2005
Post-Award Bid Protest;
Contract Award Reevaluation; Responsibility Determination; 48 C.F.R. § 15.306(d)(3) Discussions Signed by Judge Bruggink.

90-162C • STEPHEN ADAMS, ET. AL., v. THE UNITED STATES

Filed 04/27/2005
Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2000);
Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-62 (2000); Employee Commuting Flexibility Act of 1996, 29 U.S.C. §254(a) (2000); Home to Work Travel Time; Integral and Indispensable Part of Employee's Principal Work Activities; Employer's Custom or Practice of Compensating Commuting Time, De Minimis Rule; Federal Personnel Manual
Letter No. 551-10 (Apr. 30, 1976) Signed by Judge Bush.

90-162C • STEPHEN ADAMS, ET. AL., v. THE UNITED STATES

Filed 04/27/2005
Overtime Pay; Administrative Exemption, Fair Labor Standards Act, 29 U.S.C. §213(a)(1) (2000); Primary Duty Test, 5 C.F.R. § 551.206 (2005); Alternative Primary Duty Test, 5 C.F.R. § 551.104 (2005); Law of the Case Signed by Judge Bush.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, v. THE UNITED STATES and FEDERAL DEPOSIT INSURANCE ...

Filed 04/27/2005

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, v. THE UNITED STATES and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK, Plaintiff-Intervenor,

(95-523C)

Causation;
Motion for Reconsideration;
RESTATEMENT (SECOND) OF CONTRACTS,
§ § 24, 50(1), 349;
Winstar-related case;
RCFC 8(c), 12(b), 59

Signed by Judge Braden.

04-1707C • LABAT-ANDERSON, INC., v. THE UNITED STATES

Filed 04/26/2005
Bid Protest; Declaratory Judgment; Injunctive Relief; 28 U.S.C. § 1491(b)(1);
Jurisdiction; Standing; "Interested Party";
"Actual or Prospective Bidder or Offeror";
10 U.S.C. § 2462; Executive Order 12,615;
32 C.F.R. Parts 169, 169a; Circular A-76; In-House Conversion without Resolicitation;
Public/Private Cost Comparison;Interim Government Operation Signed by Judge Hodges.

99-515C • HENRY L. CHISOLM, JR., v. THE UNITED STATES

Filed 04/26/2005
Military back pay; remedy;
remand to Corrections Board to make record corrections; remand to Special Selection Board to make promotion determination Signed by Judge Margolis.

99-591C, 00-437C, 00-438C & 00-439C • CEMS, INC., v. THE UNITED STATES

Filed 04/22/2005
Equal Access to Justice Act, 28 U.S.C. § 2412; Cost Of Living Adjustment Signed by Judge Horn.

03-2164T • JADE TRADING, LLC., ET AL., v. THE UNITED STATES

Filed 04/22/2005
RCFC 26(b); Relevance;
Executive Privilege;
Requirement that Head of the Agency Assert Executive Privilege;
Delegation of Authority to Assert Executive Privilege;
Treasury Regulation 1.701-2; IRS Notice 2000-44;
26 U.S.C. 701; At-issue Waiver of Privileges Signed by Judge Williams.

03-2164T • JADE TRADING, LLC., ET AL., v. THE UNITED STATES

Filed 04/22/2005
Motion to Quash Subpoena; RCFC 45(c)(3); Relevance; RCFC 26(b); 26 U.S.C. § 6103 Signed by Judge Williams.

03-2670C • HUNTLEIGH CORPORATION v. THE UNITED STATES

Filed 04/21/2005
Takings; Transportation Security Act; federal takeover of airport security screening; motion for reconsideration Signed by Judge Margolis.

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

Filed 04/21/2005
Moiety Claim, 19 U.S.C. § 1619; 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 04/21/2005
Nuclear Waste Fund;
Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.; RESTATEMENT (SECOND) OF CONTRACTS § 152 (Mutual Mistake); RESTATEMENT (SECOND) OF CONTRACTS § 272 (Impracticability of Performance);Restitution; 10 C.F.R. § 961.11 at Art. II;10 C.F.R. § 961.2 Signed by Judge Braden.

03-2623C • SYSTEM FUELS, INC., on its own behalf and as an agent for ENTERGY ARKANSAS, INC., v. THE UNITED STATES

Filed 04/20/2005
Spent nuclear fuel cases; motion to dismiss;
takings; real party in interest; RCFC 17(a);
relation back; RCFC 15(c); motion for summary judgment; Nuclear Waste Policy Act of 1982; conditions to contracts;
excusing conditions to contracts; Restatement (Second) Contracts § § 224, 269; collateral estoppel; exceptions to
the rules of merger and bar; Restatement
(Second) Judgments § 26 Signed by Judge Lettow.

02-306C • RENDA MARINE, INC., v. THE UNITED STATES

Filed 04/19/2005
Trial; Motion to Amend Pleading, RCFC 15(b); Limits of This Court's Jurisdiction Under 41 U.S.C. § § 605-609 (2000) Signed by Judge Hewitt.

02-1454T • MICHAEL J. WALKER, ET AL., v. THE UNITED STATES

Filed 04/13/2005
Attorney's Fees pursuant to 26 U.S.C. § 7430; whipsaw; substantial justification Signed by Judge Yock.

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