USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

03-178L • BENCHMARK RESOURCES CORPORATION, a Colorado Corporation; GENTRY CORPORATION, v. THE UNITED STATES

Filed 03/17/2005
Takings; motion to dismiss; statute of limitations; regulatory requirement for notice Signed by Judge Miller, C..

01-322C & 01-536C • LION RAISINS, INC., v. THE UNITED STATES

Filed 03/17/2005
Pleading and practice; violation of protective order; contempt proceeding; 28 U.S.C. § 2521(b)(3) (2000) Signed by Judge Miller, C..

03-785L • WARREN BERES and VICKI BERES, Husband and Wife, v. THE UNITED STATES

Filed 03/16/2005
Fifth Amendment Taking; Railroad Easement; Reversionary Interest; General Railroad Right of Way Act of 1875, 43 U.S.C. § 934 et seq.; Abandoned Railroad Right of Way Act of 1922, 43 U.S.C. § 912; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); National Trails System Improvements Act of 1988, 16 U.S.C. § 1248(c) Signed by Judge Horn.

00-773L • CITY OF GETTYSBURG, SOUTH DAKOTA v. THE UNITED STATES

Filed 03/16/2005
Motion for Summary Judgment RCFC 56; Fifth Amendment Takings Claim; Section 10 Permit under the Rivers and Harbors Appropriation Act, 33 U.S.C. §403; Validity of Easement; Applicability of Release Clause; Equitable Estoppel; Contract of Adhesion Signed by Judge Bush.

04-654T • RICHARD HAMZIK, v. THE UNITED STATES

Filed 03/14/2005
Tax refund suit; Lack of jurisdiction; Claim for refund requirement - 26 U.S.C. §7422(a); Exhaustion rule -- 26 U.S.C. §6532(a)(1); Properly executed return as refund claim - 26 C.F.R. § 301.6402-3(a)(5) (2004); Plaintiff's Form 1040, which did not provide proper information, not a return and thus not a claim for refund; Case dismissed for lack of jurisdiction Signed by Judge Allegra.

04-1783C • MANSON CONSTRUCTION CO., v. THE UNITED STATES & B + B DREDGING CO.,Intervening-Defendant

Filed 03/14/2005
Post-award bid protest; Cross-motions for judgment on the administrative record;
Dredging contract; 33 U.S.C. § 624 (2000) - 25 percent rule; HUBZone Small Business program - 10 percent evaluation preference; Agency discretion to review and revise initial government estimate;
Bean Dredging Corp - disagreed with, in part; Agency did not act in arbitrary and capricious fashion in reviewing and then revising its estimate to reflect higher diesel prices; Relief denied Signed by Judge Allegra.

03-2622C • ENTERGY NUCLEAR INDIAN POINT 2, LLC v. THE UNITED STATES

Filed 03/09/2005
Spent nuclear fuel case; standing; motion for summary judgment; RCFC 56; partial breach of contract; Nuclear Waste Policy Act of 1982; exception to rules of merger and bar for damages from partial breach; Restatement (Second) Judgments § 26 Signed by Judge Lettow.

00-212C • RONALD ANDERSON, ET AL., v. THE UNITED STATES

Filed 03/09/2005
Federal Aviation Administration employment authority; appointed and contractual government employees;
authority of government representatives to contract; 49 U.S.C. § 106; "housekeeping statute" Signed by Judge Wolski.

99-0160V • ELIZABETH O. SCHNEIDER, as natural mother and guardian of her son, JOHN R. SCHNEIDER, Petitioner, v. SECRETARY OF THE ...

Filed 03/08/2005

ELIZABETH O. SCHNEIDER, as natural mother and guardian of her son, JOHN R. SCHNEIDER, Petitioner,   v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES  

(99-0160V)  

Vaccine Act: The special master's decision denying compensation is upheld where: (i) the evidence failed to support petitioner's assertions that she was directed to proceed to a hearing without the benefit of counsel and with a hostile witness; (ii) the special master properly rejected a discovery request that required the initiation of a scientific study to examine the relationship between alleged neurological injuries and a protease inhibitor used in the manufacture of the Hepatitis B vaccine;
and (iii) the record offered no evidence to support petitioner's claim of vaccine-caused anaphylactic shock

Signed by Judge Wiese.

05-205C • FIRE-TROL HOLDINGS, LLC v. THE UNITED STATES

Filed 03/08/2005
Jurisdiction, 28 U.S.C. § 1500, Motion to Dismiss Signed by Judge Smith.

00-315C • GARY L. AARON, ET AL.,v. THE UNITED STATES

Filed 03/07/2005
Federal Employees Overtime Pay; Motion to Dismiss Bankrupt Plaintiff;
Motion to Substitute Bankruptcy Trustee as Real Party in Interest;
RCFC 17(a); Judicial Estoppel Signed by Judge Bruggink.

01-533C • TRANS METRO CONSTRUCTION v. THE UNITED STATES

Filed 03/07/2005
Signed by Judge Baskir.

99-0160V • CITIZENS FINANCIAL SERVICES, FSB f/k/a CITIZENS FEDERAL SAVINGS and LOAN ASSOCIATION v. THE UNITED STATES

Filed 03/07/2005
Winstar-related case; Trial on Lost Profits; Foreseeability; Causation;
Reasonable Certainty Signed by Judge Firestone.

02-250C • SUNSHINE CONSTRUCTION AND ENGINEERING, INC., v. THE UNITED STATES

Filed 03/04/2005
Contracts; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2000); patent ambiguity; critical path delay; liquidated damages Signed by Judge Miller, C..

03-2626C • ENTERGY NUCLEAR GENERATION CO., v. THE UNITED STATES

Filed 03/03/2005
Spent nuclear fuel case; standing; motion for summary judgment; RCFC 56; Nuclear Waste Policy Act of 1982; exception to rules of merger and bar for damages from partial breach; Restatement (Second) Judgments § 26 Signed by Judge Lettow.

03-465C • MARK DUNNING INDUSTRIES, INC., v. THE UNITED STATES

Filed 03/02/2005
Post-award bid protest; SBA HUBZone Small Business concern; requirements for HUBZone status; principal office determination Signed by Judge Margolis.

01-495C • KENT CHRISTOFFERSON, ET. AL., v. THE UNITED STATES

Filed 02/28/2005
Civilian Pay; FLSA and FEPA Overtime Pay;
Tolling of FLSA' s Limitations Period ;
FEPA's "Ordered and Approved in Writing" Requirement; FLSA's Executive Exemption Signed by Judge Bruggink.

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