USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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02-1393T • JOSE D. SALZILLO v. THE UNITED STATES

Filed 04/04/2005
Tax refund suit; I.R.C. § 6672(a) -Responsible officer penalty; Responsible person; I.R.C. § 6671(b); More than one possible responsible person; Instructions from a superior not to pay taxes ineffective in avoiding liability; Impact of other controls to prevent employee from effectuating payment to the IRS; Proper role of responsibility factors; Facts reveal no effective power to pay; Corporate vice-president not a responsible person. Signed by Judge Allegra.

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

Filed 04/01/2005
Claim Preclusion;
Congressional Reference;
Declaration of Takings Act,
40 U.S.C. § 258(a), et seq.; Federal Property and Administrative Services Act of 1949, 40 U.S.C. § 471, et seq.; Laches; Mutual Mistake; Restitution; S. Res. 794; Statute of Limitations; Surplus Property Act of 1944, 58 Stat. 765; War Purposes Act, (codified as amended,
50 U.S.C. § 171) (repealed 1956); Tucker Act, 28 U.S.C. § 1491, et seq.;
28 U.S.C. § 2509
Signed by Judge Braden.

03-2809L • RENEWAL BODY WORKS, INC., a corporation, v. THE UNITED STATES

Filed 04/01/2005
National Trails System Act; Rails-to-Trails Act; 16 U.S.C. § 1241 et seq.; 49 C.F.R. § 1152.29; Accrual of Takings Claims; Motion for Judgment on the Pleadings; RCFC 12(c); Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 2501 Signed by Judge Miller, G..

04-385C • INFORMATION SYSTEMS & NETWORKS CORPORATION, v. THE UNITED STATES

Filed 03/31/2005
Cost-Reimbursement Type Contracts; Fixed-Price Contracts; Allowable Costs; Reimbursement; State Income Tax Costs;
"Lost Profits"; Prompt Payment Act;
Cost-Plus-Percentage-of-Cost Type Contracts; 41 U.S.C. § 254(b);
10 U.S.C. § 2306; Res Judicata Signed by Judge Block.

04-941C • MIGUEL A. CONTRERAS, ET AL., v. THE UNITED STATES

Filed 03/31/2005
Federal Law Enforcement Pay Reform Act; Customs Officers Pay Act; foreign language pay award; Civil Service Reform Act; Merit System Protection Board; money-mandating test; Tyson rule and moiety statutes; incentive awards;
Administrative Procedure Act; subject-matter jurisdiction; motion to dismiss Signed by Judge Wolski.

02-1936T • GUARDIAN INDUSTRIES CORP., AND SUBSIDIARIES, v. THE UNITED STATES

Filed 03/31/2005
Tax Refund; Foreign Tax Credit; Luxembourg Law Signed by Judge Merow.

04-1021C • C.H. ROBINSON INTERNATIONAL, v. THE UNITED STATES

Filed 03/31/2005
Subject matter jurisdiction; waiver; gap in jurisdiction of Court of penalties assessed under 19 C.F.R. 18.8; Trayco v. United States; mitigated liquidated damages under 19 C.F.R. 172.22 Signed by Judge Damich.

03-2383T • AMERICA ONLINE, INC., v. THE UNITED STATES

Filed 03/30/2005
26 U.S.C. § § 4251-4254; excise tax on communications services; RCFC 56; motion for summary judgment; statutory interpretation Signed by Judge Lettow.

04-1784C • CONSOLIDATED ENGINEERING SERVICES, INC., v. THE UNITED STATES and LB&B ASSOCIATES INC., Defendant-Intervenor

Filed 03/30/2005
Post-award bid protest; Bait-and-Switch; Price Analysis; Limiting Discussions in Implementing Corrective Action; Duty to Conduct Meaningful Discussions Signed by Judge Gibson.

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

Filed 03/30/2005
Interlocutory Appeal, 28 U.S.C. § 1292(d)(2); Timeliness Signed by Judge Baskir.

01-459C & 03-2515C • INTERNATIONAL DATA PRODUCTS CORP., v. THE UNITED STATES

Filed 03/28/2005
Summary judgment, termination for convenience, "total contract price," IDIQ contract, Small Business Act, 15 U.S.C. § 637 Signed by Judge Miller, G..

04-1275T • M. ROBERT ULLMAN, v. THE UNITED STATES

Filed 03/25/2005
Motion to Dismiss, RCFC 12(b)(1) and 12(b)(6); Summary Judgment, RCFC 56; Whether a Violation Under 26 U.S.C. § § 6110(i)(4)(B) and (j)
Occurred With Respect to "taxpayer-specific Chief Counsel advice"; Justiciability Signed by Judge Hewitt.

03-2523C • BRUCE RUTTENBERG v. THE UNITED STATES

Filed 03/25/2005
Indian Health Care Services Act, 25 U.S.C. § 1616a; Contract governing student loan repayment;
Implied-in-fact contract;
Authority of government agent; Specific performance Signed by Judge Williams.

02-1728C • BLACKSTONE CONSULTING, INC., v. THE UNITED STATES

Filed 03/25/2005
Breach of Settlement Agreement; Implied Duty of Good Faith and Fair Dealing; Impossibility Defense Signed by Judge Firestone.

00-207C • FLUOR ENTERPRISES, INC., f/k/a FLUOR DANIEL, INC., v. THE UNITED STATES

Filed 03/24/2005
41 U.S.C. § 254(b); Architectural and Engineering Services; 6% Fee Limitation; Cost-Plus-Fixed-Fee Type Contract;
Project Estimate; Brooks Act of 1972;Property Act of 1949; Design-Bid-Build;
Design-Build;Procurement; Void Ab Initio; Implied-In-Fact Contract;Quantum Meruit Recovery Signed by Judge Block.

03-1812C • HEIDI A. JENTOFT v. THE UNITED STATES

Filed 03/23/2005
Fair Labor Standards Act, 29 U.S.C. § 201 et seq., Equal Pay Act, RCFC 12(b)(1), 12(b)(6),
Dual Status Technician Signed by Judge Miller, G..

05-173C • RANDY LEE HAMMITT v. THE UNITED STATES

Filed 03/23/2005
Complaint in Tort Dismissed for Want of Jurisdiction Signed by Judge Hewitt.

02-454C & 04-460C • JAMES E. POOLE v. THE UNITED STATES

Filed 03/23/2005
ABCMR Review; Waiver of Disability Rating; Mental Disorders; Army Regulation 653-40 Signed by Judge Firestone.

04-1223L • CLAYTA FORSGREN, ET AL., v. THE UNITED STATES

Filed 03/21/2005
Motion to dismiss; statute of limitations; subject matter jurisdiction; taking; Fifth Amendment of the United States Constitution; Tucker Act, 28 U.S.C. § 1491; flowage easement; inverse condemnation; 28 U.S.C. § 2501 Signed by Judge Damich.

04-1421C • ARCH CHEMICALS, INC., v. THE UNITED STATES

Filed 03/18/2005
Pre-award bid protest; Defense Production Act; Competition in Contracting Act; domestic source restriction; rated orders; critical components; price evaluation; price-related factors Signed by Judge Wolski.

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