USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

01-291L • KLAMATH IRRIGATION DISTRICT, ET. AL., v. THE UNITED STATES

Filed 02/28/2005
Takings and contract case involving waters of the Klamath Basin; Motion to intervene, as of right, under RCFC 24(a)(2); 1966 amendments to Fed. R. Civ. P. 24(a); Practical impairment; Impact of stare decisis in impairing or impeding putative intervenor's interests; Types of "interests" covered by RCFC 24(a); Commercial fishing interests; American Maritime - proper interpretation; Rejection of artificial barriers to intervention as devoid of substance; Adequate representation;
Intervention of PCFFA allowed Signed by Judge Allegra.

03-794C • PINE RESIDENTIAL TREATMENT, CENTER, INC., v. THE UNITED STATES

Filed 02/24/2005
Motion to Dismiss for Lack of Subject Matter Jurisdiction, Rule 12(b); Preemption of Jurisdiction under Tucker Act, 28 U.S.C. § 1491(a)(1)by Medicare Act, 42 U.S.C. § 1395oo(f)(1) Signed by Judge Hewitt.

00-1671C • PORTFOLIO DISPOSITION MANAGEMENT GROUP, LLC, v. THE UNITED STATES & HARRINGTON, MORAN & BARKSDALE, INC.

Filed 02/24/2005
Post-Award Bid Protest;
Determination of Competitive Range; Supplementing the Administrative Record;
Cardinal Change; Bond Requirements; Alleging Prejudice Signed by Judge Baskir.

99-979C • GEORGE SOLLITT CONSTRUCTION CO., v. THE UNITED STATES

Filed 02/23/2005
Trial; Contracts; Equitable Adjustment;Contract Disputes Act, 41 U.S.C. § § 601-613 (2000); Compensable Delay; Excusable Delay, Proof of Costs of Changed Contract Work; Discretion to Award Performance Award on Public Contract, Inapplicability of Prompt Payment Act, 31 U.S.C. § § 3901-3907 (2000) Signed by Judge Bush.

98-786C • HANSON P. AGWIAK, ET. AL., v. THE UNITED STATES

Filed 02/18/2005
Remote worksite pay; 5 U.S.C. § 5942;
5 C.F.R. § 591.304; 5 C.F.R. § 591.306 Signed by Judge Miller, G..

00-571C • SHIRLEY J. HOLT v. THE UNITED STATES

Filed 02/18/2005
Entitlement to Survivor Benefit Plan Annuity; Deemed Election for Former Spouse, 10 USC § 1450 (f)(3)(A); Requirement of Written Request; Non-Self-Executing Statute; Failure to Exercise Secretarial Discretion; Proper Claimant Before Board for Correction of Naval Records Signed by Judge Baskir.

04-154C • INTERNATIONAL RESOURCE RECOVERY, INC., v. THE UNITED STATES & ROLLOFFS HAWAII, INC., Intervenor

Filed 02/17/2005
28 U.S.C. § 1491(b); Post-award bid-protest; Bias; Bad Faith; Discussions;
Clarifications; Unequal Treatment; Law-of-the-case Doctrine; Permanent Injunctive Relief Signed by Judge Williams.

03-1915T • HONEYWELL INTERNATIONAL, INC., v. THE UNITED STATES

Filed 02/16/2005
Summary judgment, RCFC 56, 26 U.S.C. § 4252, toll telephone service, Chevron deference Signed by Judge Miller, G..

99-447C • BOSTON EDISON COMPANY v. THE UNITED STATES

Filed 02/15/2005
Spent nuclear fuel cases; subject matter jurisdiction; standing; motion to dismiss; motion for summary judgment; Nuclear Waste Policy Act of 1982; contract damages; Federal Rules of Evidence 602, 701; Restatement (Second) Contracts § 348(2)(a); collateral estoppel; good faith and fair dealing; takings Signed by Judge Lettow.

98-720C • PRECISION PINE & TIMBER, INC., v. THE UNITED STATES

Filed 02/14/2005
Motion for reconsideration, causation, lost profits, "substantial factor" and "but for" tests Signed by Judge Miller, G..

01-0165V • LISA ANN PAFFORD and RICHARD LEON PAFFORD PARENTS AND NEXT FRIENDS of RICHELLE LORRAE PAFFORD v. SECRETARY OF THE DEPARTMENT ...

Filed 02/09/2005

LISA ANN PAFFORD and RICHARD LEON PAFFORD PARENTS AND NEXT FRIENDS of RICHELLE LORRAE PAFFORD v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (01-0165V)

Vaccine Act; Causation-in-Fact; Standard of Proof; Burden of Proof;
Alternative Causation; Temporal Relationship; But-For and Substantial Factor Analysis; Biologic Plausibility; Direct Causation; Systemic Onset JRA; Still's Disease; Vaccine-Related Injuries

Signed by Judge Block.

94-784C & 96-204C • SCOTT TIMBER COMPANY v. THE UNITED STATES

Filed 02/08/2005
Timber sale contracts, motion for summary judgment, damages, but-for cause, substantial factor, Northwest Timber Compromise, Endangered Species Act, 16 U.S.C. § 1536, 16 U.S.C. § 1538, constructive termination Signed by Judge Miller, G..

04-192C • COMMANDER TIMOTHY R. QUINTON v. THE UNITED STATES

Filed 02/08/2005
Motion to Dismiss, RCFC 12(b)(1), Motion for Judgment on the Administrative Record, RCFC 56.1, Justiciability, Board for Correction of Military Records, arbitrary and capricious Signed by Judge Miller, G..

05-188C • TYRONE HURT v. THE UNITED STATES

Filed 02/08/2005
Dismissal of Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915(a); Rule 12(b)(1); Failure to State a Claim Within the Jurisdiction of the Court Signed by Judge Hewitt.

02-453C • THOMAS A. PORTER v. THE UNITED STATES

Filed 02/08/2005
Public Safety Officers' Benefits Act Signed by Judge Bruggink.

92-652C • LASALLE TALMAN BANK, F.S.B., v. THE UNITED STATES

Filed 02/08/2005
United States v. Winstar Corp.; FIRREA; Supervisory Goodwill;
Damages; Cost of Capital; Lost Profits; Mitigation; Tax Gross-up Signed by Judge Bruggink.

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