USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-154C • INTERNATIONAL RESOURCE RECOVERY, INC., v. THE UNITED STATES & ROLLOFFS HAWAII, INC.,Intervenor

Filed 04/23/2004
Post-award Bid Protest- Additional Supplementation of Administrative Record Following Denial of Motion for Preliminary Injunction Signed by Judge Williams.

02-739C • FRANKLIN FEDERAL SAVINGS BANK v. THE UNITED STATES

Filed 04/22/2004
Winstar; Reliance Damages; Transactional Costs; Cost of Deposits Damages; Dilution Damages; Damage to Stock Options Signed by Judge Firestone.

03-2773C • PGBA, LLC v. THE UNITED STATES & WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, Intervening Defendant

Filed 04/22/2004
Post-award bid protest; TRICARE for Life; motion for judgment upon the administrative record; RCFC 56.1; 28 U.S.C. § 1491 (b)(2); equitable relief; bid preparation and proposal costs; motion for reconsideration Signed by Judge Lettow.

04-250C • ORION INTERNATIONAL TECHNOLOGIES v. THE UNITED STATES & FIORE INDUSTRIES, INC.,Intervenor.

Filed 04/22/2004
Motion for discovery in post-award bid protest; presumption of regularity and good faith conduct; discovery allowed re: alleged misrepresentation in contract proposals Signed by Judge Wolski.

00-573C • TLT CONSTRUCTION CORP., v. THE UNITED STATES

Filed 04/21/2004
Acceleration Claim; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Federal Acquisition Regulations; Integration Clause; 48 C.F.R. § 52.023-4703; 48 C.F.R. § 52.211-10; 48 C.F.R. §52.217-9;48 C.F.R. § 52.243-4 Signed by Judge Braden.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, Plaintiffs and FEDERAL DEPOSIT INSURANCE CORPORATION, AS ..

Filed 04/20/2004

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

Winstar-related case; Shareholder Standing Rule; Derivative Claims; Essential Reliance Damages; Restitution

Signed by Judge Braden.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, Plaintiffs and FEDERAL DEPOSIT INSURANCE CORPORATION, AS ..

Filed 04/20/2004

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

Winstar-related case; Shareholder Standing Rule; Derivative Claims; Essential Reliance Damages; Restitution

Signed by Judge Braden.

03-1891C • GREAT LAKES DREDGE & DOCK COMPANY v. THE UNITED STATES

Filed 04/20/2004
Bid Protest; 48 C.F.R. § 14.404; cancellation of invitation for bids after bid opening; Administrative Procedure Act, 5 U.S.C. § § 702 and 706; arbitrary and capricious; judgment on the administrative record Signed by Judge Miller, G..

02-25L • JICARILLA APACHE NATION, formerly, JICARILLA APACHE TRIBE v. THE UNITED STATES

Filed 04/19/2004
Confidentiality agreement and protective order; Indian Mineral Development Act of 1982; Whether 25 U.S.C. § 2103(c) creates discovery privilege; Plain meaning; Strict construction of statute allegedly conferring discovery privilege; Legislative history; Implementing regulations; No privilege found Signed by Judge Allegra.

98-169C • HAMILTON SECURITIES ADVISORY SERVICES, INC. v. THE UNITED STATES

Filed 04/19/2004
Breach of Contract; Contract Disputes Act, 28 U.S.C. § 1491(a)(2); Counterclaim; Declaratory Judgment; Quasi-Contract; Summary Judgment; Restitution Signed by Judge Braden.

03-60L • AIR PEGASUS OF D.C., INC., v. THE UNITED STATES

Filed 04/17/2004
Summary Judgment; Regulatory Takings Claim Signed by Judge Horn.

03-173X • J. L. SIMMONS COMPANY, INC., v. THE UNITED STATES

Filed 04/15/2004
Congressional reference case; Legal versus equitable claim; Wrongful or negligent conduct; Gratuity; Alleged defective procedures used by VA Board in resolving pre-Contract Dispute Act contract claim; Pre-judgment interest; Other interest; Litigation expenses; Interest and expenses determined to be a gratuity; Impact of referring legislation Signed by Judge Allegra.

03-1765C • CHARLES VAN CLEAVE v. THE UNITED STATES

Filed 04/15/2004
Military Pay Case; Voluntary Resignation; Medical Discharge; SECNAVINST 1850.4C; Disability Ratings; 38 C.F.R. §4.124a; Motion to Dismiss Signed by Judge Hodges.

02-509L • JOHN R. SAND AND GRAVEL CO., v. THE UNITED STATES

Filed 04/13/2004
Motion to intervene; denial of stay pending appeal Signed by Judge Hewitt.

96-166C • ZOLTEK CORPORATION v. THE UNITED STATES

Filed 04/13/2004
Motion to Compel, B-2 Bomber, Classified Documents, RCFC 30(b)(6), Written Interrogatories, Patent-in-suit, Carbonized Fibers Signed by Judge Damich.

01-249L • DONALD MODEN AND BARBARA MODEN v. THE UNITED STATES

Filed 04/09/2004
Motion to Dismiss; Lack of Subject Matter Jurisdiction RCFC 12(b)(1); Fifth Amendment Takings Claim; Tort Action; Federal Tort Claims Act, 28 U.S.C. § 2671, et seq Signed by Judge Bush.

02-25L • JICARILLA APACHE NATION, formerly, JICARILLA APACHE TRIBE v. THE UNITED STATES

Filed 04/09/2004
Confidentiality agreement and protective order; Tribal case seeking an accounting and recovery of monetary loss and damages relating to government's alleged mismanagement of trust funds Signed by Judge Allegra.

01-602C • HILTON LASSITER, d/b/a H. LASSITER TRANSPORT v. THE UNITED STATES

Filed 04/08/2004
Contracts; mail transportation services; default termination; excuses for non-performance; excess reprocurement costs Signed by Judge Margolis.

00-573C • TLT CONSTRUCTION CORP., v. THE UNITED STATES - ERRATA

Filed 04/08/2004
Acceleration Claim; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Federal Acquisition Regulations; Integration Clause; 48 C.F.R. § 52.023-4703; 48 C.F.R. § 52.211-10; 48 C.F.R. § 52.217-9; 48 C.F.R. § 52.243-4 Signed by Judge Braden.

02-509L • JOHN R. SAND AND GRAVEL CO., v. THE UNITED STATES

Filed 04/08/2004
Rule 14(b)(1) of the Rules of the United States Court of Federal Claims; Notice to Interested Parties; Timeliness; 41 U.S.C. § 114 (2000) Signed by Judge Hewitt.

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