USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago

06-741T • STRATEGIC HOUSING FINANCE CORPORATION OF TRAVIS COUNTY v. THE UNITED STATES

Filed 02/27/2009
Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Takings Claim; Illegal Exaction Claim; Arbitrage Bonds; Rebate of Arbitrage Profits;26 U.S.C. § 148(f); 26 U.S.C. § 7422(a); Clintwood Elkhorn Mining Co.; Pennoni I; Pennoni II; In re Air Transportation Excise Tax Litigation Signed by Judge Sweeney.

07-693L and 07-675L • DOROTHY L. BIERY, et al., and JERRAMY and ERIN PANKRATZ, et al., v. THE UNITED STATES

Filed 02/27/2009
Fifth Amendement Takings; Rails-to-Trails; National Trails System Act, 16 U.S.C. § 1247(d); Certification of Questions of State Law; Kanses State Law; Concurrent jurisidiction with federal district courts Signed by Judge Firestone.

05-708C • SCOTT TIMBER, INC., v. UNITED STATES

Filed 02/27/2009
Post-trial decision on liability in a timber-sale case; claims made under the Contract Disputes Act, 41 U.S.C. § § 601-613; contractual covenant of good faith and fair dealing; reasonableness of suspensions of performance under a contractual provision Signed by Judge Lettow.

08-548T • KAZADI BIG MUSUNGAYI v. THE UNITED STATES

Filed 02/27/2009
Tax Refund Suit; RCFC 12(b)(1); 26 U.S.C. § § 6511, 6513, 7422; Taxes Withheld by Employer; Earned Income Credit; Suspension of Limitation Periods Signed by Judge Sweeney.

06-861T • LAWRENCE D. PENNONI v. THE UNITED STATES

Filed 02/26/2009
26 U.S.C. § 7422; Illegal Exaction;Informal Refund Claim; Formal Refund Claim; Subject Matter Jurisdiction Signed by Judge Firestone.

01-570C, 01-627C, 04-501C • BLUE LAKE FOREST PRODUCTS, INC., et al. v. THE UNITED STATES

Filed 02/26/2009
Summary Judgment; Breach Of Contract; Contract Interpretation;Limitation of Liability Clause;Implied Duty To Cooperate And Not Hinder Signed by Judge Williams.

08-298C • JOHN J. SIEMIETKOWSKI v. THE UNITED STATES

Filed 02/25/2009
Judgment on the Administrative Record;Separation Pay; 10 U.S.C § 1174; Army Reg. 600-8-29; Department of Defense Directive 1320.8; Disparate Treatment - Rational Basis Review Signed by Judge Firestone.

08-431L • EARLEEN FAUVERGUE et al., v. THE UNITED STATES

Filed 02/24/2009
Takings; Rails to Trails Act, 16 U.S.C. § § 1241-1251(2000);statute of limitations, 28 U.S.C. § 2501 (2000); motion to certify class action under; RCFC 23; RCFC 54(b) entry of judgment upon finding of no just reason for delay Signed by Judge Miller, C..

93-648X • LAND GRANTORS IN HENDERSON, UNION, AND WEBSTER COUNTIES, KENTUCKY AND THEIR HEIRS v. UNITED STATES OF AMERICA

Filed 02/24/2009
Congressional reference; review of hearing officer's report; legal and equitable relief; hearsay; mutual mistake; laches; gratuity Signed by Judge Lettow.

08-853C • SP SYSTEMS, INC., Plaintiff, and DB CONSULTING GROUP, INC., Plaintiff-Intervenor, v. THE UNITED STATES

Filed 02/24/2009
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Review of Agency Decision Based Upon GAO Recommendation; Past Performance Evaluation Signed by Judge Miller, G..

08-337L • RICHARD P. COOK, et al. and COPAR PUMICE COMPANY v. THE UNITED STATES

Filed 02/23/2009
Unpatented Mining Claims; Settlement Agreement Signed by Judge Bruggink.

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION, v. THE UNITED STATES

Filed 02/23/2009
Motion for reconsideration - RCFC 59;Piercing the corporate veil; Responsive pleadings - judicial admission; Motion denied Signed by Judge Allegra.

05-1223T • CLEARMEADOW INVESTMENTS, LLC, CLEARMEADOW CAPITAL CORP., TAX MATTERS PARTNER v. THE UNITED STATES

Filed 02/23/2009
RCFC 5.2; Redaction of personal identifying information; Fed. Rule Civ. P. 5.2 -Advisory Committee Notes; Effective date of new rule - RCFC 86; Document revealing identifying information to be stricken and refiled Signed by Judge Allegra.

07-525C • SHANNON M. GARNER, ET AL., v. THE UNITED STATES

Filed 02/20/2009
Motion for Judgment on the Pleadings Pursuant to RCFC 12(c);Facts Indistinguishable from Facts in Adams II; No Change In Applicable Substantive Law Since Adams II Signed by Judge Hewitt.

06-472C • TDM AMERICA, LLC, v. THE UNITED STATES,Defendant, and DONJON MARINE COMPANY, INC., Third-Party Defendant

Filed 02/20/2009
Patent Infringement Case; Markman Claim Construction Proceedings;Patents Relating to Processing and Treatment of Contaminated Materials for Beneficial Reuse Signed by Judge Wheeler.

08-609C • GREGORY JOHN MCGRATH v. THE UNITED STATES

Filed 02/20/2009
Motion to Dismiss; Pro Se Complaint Alleging Fifth Amendment Taking; United States As Surety; No Jurisdiction to Hear Claims Against Defendants Other Than the United States Signed by Judge Hewitt.

05-400C • MICHAEL W. STOVALL v. THE UNITED STATES

Filed 02/20/2009
Motion to compel production; Scope of discovery - RCFC 26(b)(1); Attorney-client privilege - defined; Applicability of privilege to advice received from counsel; Waiver - implied waiver where the party opposing production may rely on parol evidence in interpreting a contract and where that parol evidence may derive from the attorneys who negotiated and drafted the agreement; Bare-bones requests for representation not protected by attorneyclient privilege; Documents ordered produced Signed by Judge Allegra.

08-871C • L-3 COMMUNICATIONS EOTECH, INC., v. THE UNITED STATES, Defendant, & Intervenor-defendant

Filed 02/18/2009
Post-Award Bid Protest;10 U.S.C. § 2304 (2006); 48 C.F.R. § 6.302-2 (2007); Sole Source Procurement;Unusual and Compelling Urgency; Advance Planning; Requesting Offers from as Many Potential Sources as is Practicable; Inherent Limits on the Scope and Duration of a Sole Source Contract Signed by Judge Bush.

08-641C • JEAN DUFORT BAPTICHON v. THE UNITED STATES

Filed 02/18/2009
Motion to Dismiss; RCFC 12(b)(1) and 12(b)(6); Subject Matter Jurisdiction; Pro se Plaintiff; 28 U.S.C. § 1491; 10 U.S.C. § 122 10; Executive Order No. 9857A; Money Mandating Statute Signed by Judge Smith.

08-142C • SAUDI LOGISTICS AND TECHNICAL SUPPORT v. THE UNITED STATES

Filed 02/17/2009
Motion to Dismiss(12(b)(1))Government's Counterclaim; Final Contracting Officer Decision on Defective Pricing; 41 U.S.C. § 605(a); FAR 33.211; Presumption that Public Officials Perform Their Duties Correctly Signed by Judge Firestone.

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