USCFC General Jurisdiction-Reported

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99-690C • NATIONAL AUSTRALIA BANK, v. THE UNITED STATES

Filed 12/29/2004
Government Contracts;
Winstar; Omnibus Budget Reconciliation Act of 1993; Estoppel; Tax Benefits Sharing Signed by Judge Bruggink.

00-228C • ROBERT O. MUDGE v. THE UNITED STATES

Filed 12/29/2004
Cross-motions for summary judgment; RCFC 56(c); Prevailing Rate Systems Act, 5 U.S.C. § § 5341-49;
Federal Wage System;
special pay differentials for remote areas of Alaska; pay retention Signed by Judge Lettow.

99-889C • SHAROL ADDISON-TAYLOR, ET. AL., v. THE UNITED STATES

Filed 12/28/2004
Civilian pay; Fair Labor Standards Act; Accord and Satisfaction Signed by Judge Bruggink.

03-2206C • CENTRAL TRANSPORT INTERNATIONAL, INC., v. THE UNITED STATES

Filed 12/22/2004
Subject Matter Jurisdiction;
Privity of Contract;
Government Bills of Lading;
Commercial Bills of Lading;
Contracts for Transportation Services; Interstate Commerce Act Signed by Judge Williams.

01-680C • JGB ENTERPRISES, INC., v. THE UNITED STATES

Filed 12/21/2004
Third-party beneficiary, Tucker Act, 28 U.S.C. § 1491, Contract Disputes Act of 1978, 41 U.S.C. § § 601-613, offset, RCFC 52 Signed by Judge Miller, G..

03-1822C • LARRY N. ROOD and BILLIE A. ROOD, v. THE UNITED STATES

Filed 12/21/2004
Motion to dismiss; military pay; retirement benefits; res judicata; identity of parties; privity; final judgment on the merits; same transactional facts; Survivor Benefit Plan; subject matter jurisdiction;money presently owed Signed by Judge Damich.

03-1911C • ERIC L. GANT, PRO SE, v. THE UNITED STATES

Filed 12/20/2004
Military pay; pro se; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); whether waiver of hearing before disability board constitutes waiver of judicial review Signed by Judge Miller, C..

04-1533C • INNOVATIVE RESOURCES v. THE UNITED STATES

Filed 12/17/2004
Pre-award Bid Protest;
Small Business Act, Section 8(a) Small Business's Standing to Challenge Award To Another Section 8(a) Firm Signed by Judge Gibson.

00-1005C • FLINK/VULCAN v. THE UNITED STATES

Filed 12/17/2004
Motion for Summary Judgment; Guaranteed Minimum Quantity;
Constructive Change Signed by Judge Horn.

96-222C • R.P. WALLACE, INC., v. THE UNITED STATES

Filed 12/15/2004
Trial; Navy building renovation and repair contract; liquidated damages; standard for remitting liquidated damages where
concurrent and sequential delays; United Engineering limited in light of subsequent Supreme Court decision in Robinson; Sauer followed; defective window specifications; extent of impact; allocation; delay damages Signed by Judge Allegra.

95-544C • SOUTHWEST INVESTMENT COMPANY,INC., On Behalf of Itself and On Behalf of FIRST LOUISIANA FEDERAL SAVINGS BANK, v. US

Filed 12/15/2004

SOUTHWEST INVESTMENT COMPANY,INC., On Behalf of Itself and On Behalf of FIRST LOUISIANA FEDERAL SAVINGS BANK,   v. THE UNITED STATES

Summary Judgment - Material Factual Dispute; Restitution damages; Benefit conferred - "value of time."

Signed by Judge Baskir.

02-126L • CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF; OREGON v. THE UNITED STATES

Filed 12/13/2004
Alternative Dispute Resolution; Doctrine of Laches; Doctrine of Res Judicata; Jurisdiction;
Statute of Limitations;
CFCR 11(c)(1)(B) Signed by Judge Braden.

04-644C • BLUE DOT ENERGY COMPANY, INC., v. THE UNITED STATES and WASTE MANAGEMENT OF WASHINGTON, INC., Defendant-Intervenor

Filed 12/13/2004
Standing; State Action Doctrine; Substantial Chance Doctrine;
The Competition in Contracting Act, 10 U.S.C. § § 2304(c)(1), 2304(c)(5), 2305(b)(3);The Resource Conservation, and Recovery Act of 1976,
42 U.S.C. § 6961; The Sherman Act, 15 U.S.C. § 2; The Tucker Act, 28 U.S.C. § 1491(b)(1); The Small Business
Reauthorization Act of 1997, 15 U.S.C. § 657a Signed by Judge Braden.

03-1955C • MAJOR DOUGLAS GETHERS, USMC, v. THE UNITED STATES

Filed 12/10/2004
Military pay, retroactive promotion, 10 U.S.C. § 628, 10 U.S.C. § 1552, Tucker Act, subject matter jurisdiction, Corrections Board, Special Selection Board, 28 U.S.C. § 1631 Signed by Judge Miller, G..

95-667L • DON ROGER NORMAN, ROGER WILLIAM NORMAN, SOUTH MEADOWS LIMITED PROPERTIES PARTNERSHIP, v. THE UNITED STATES

Filed 12/10/2004
Trial; Fifth Amendment Takings Claim; Categorical Taking;Lucas; Regulatory Takings Claim; Wetlands Delineation;Section 404 permit to fill wetlands under the Clean Water Act; Penn Central Factors;
Reasonable-Investment-Backed Expectations; Palazzolo distinguished; Economic Injury;Character of Governmental Action Signed by Judge Bush.

03-1247C • ROBERT CURTIS v. THE UNITED STATES

Filed 12/09/2004
Rules 17(a) and 83.1(c)(8) of the Rules of the United States Court of Federal Claims; Real Party in Interest; Corporate
Representation; Corporate Dissolution, Transfer of Assets, and Shareholder Derivative Claims under Oregon Law
Signed by Judge Hewitt.

02-946C • RICK VASSAR v. THE UNITED STATES

Filed 12/08/2004
Contracts; trailer lease; necessary repairs during and at the end of the contract; breach of contract; damages; real party in interest Signed by Judge Margolis.

92-517C • THE LONG ISLAND SAVINGS BANK, FSB, AND THE LONG ISLAND SAVINGS BANK OF CENTEREACH FSB, v. THE UNITED STATES

Filed 12/07/2004
Work product doctrine;
restrictions on disclosure of counsel's voluntary interviews of former officials of the opposing party to counsel for that party; Privacy Act, 5 U.S.C. § 552a; Rule 4.2 of the Model Rules of Professional Conduct;
admissions by a party-opponent; Fed. R. Evid. 801(d)(2)(D); use of depositions at trial; RCFC 32(a)(2); RCFC 30(b)(6)
Signed by Judge Lettow.

00-759V • ROSE CAPIZZANO v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 12/07/2004
National Childhood Vaccine Injury Act, 42 U.S.C. § 300 aa-1 et seq.; hepatitis B vaccination; rheumatoid arthritis; causation-in-fact; preponderance of evidence; Review of Special Master's Decision Signed by Judge Merow.

01-699C • CYGNUS CORPORATION, INC., v. THE UNITED STATES

Filed 12/03/2004
Breach of contract; cross-motions for summary judgment; RCFC 56; laches; contract novation; contract interpretation
Signed by Judge Lettow.

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