USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

96-931C & 02-967C • JOHN BATES, ET AL., v. THE UNITED STATES (

Filed 04/07/2004
Civilian pay, FLSA Overtime; Administrative exemption Signed by Judge Bruggink.

03-1821C • SALLIE B. HOLLOWAY v. THE UNITED STATES

Filed 04/06/2004
RCFC 12(b)(1); Motion to Dismiss for Lack of Jurisdiction; 28 U.S.C. § § 1501 and 2501; Pending Cases; Statute of Limitations Signed by Judge Block.

03-1956C • LAN-DALE COMPANY v. THE UNITED STATES

Filed 04/06/2004
Transfer of Claims; 28 U.S.C. § 1500; 28 U.S.C. § 1631; Claims over which the court lacks jurisdiction via operation of 28 U.S.C. § 1500 transferable under 28 U.S.C. § 1631 Signed by Judge Gibson.

03-1956C • LAN-DALE COMPANY v. THE UNITED STATES

Filed 04/06/2004
Identity of claims test per 28 U.S.C. § 1500; related matters pending in another forum; equitable jurisdiction under the Tucker Act; specific performance Signed by Judge Gibson.

02-509L • JOHN R. SAND & GRAVEL COMPANY v. THE UNITED STATES

Filed 04/02/2004
Summary Judgment; Takings Claim; Nuisance; Applicability of the Exception to Takings Liability for Activities Prohibited by "Background Principles of a State's Nuisance and Property Law" to Physical Takings Signed by Judge Hewitt.

03-2673C • ALLIED OIL & SUPPLY, INC., v. THE UNITED STATES

Filed 04/01/2004
Motion to quash; third party; notice; noticee; interest; RCFC 14(b); Contract Settlement Act of 1944; 41 U.S.C. § 114(b) Signed by Judge Damich.

03-470C • ACE PROPERTY & CASUALTY) INSURANCE COMPANY (f/k/a CIGNA) PROPERTY & CASUALTY) INSURANCE COMPANY), ALLIANCE) INSURANCE COMP...

Filed 03/31/2004

ACE PROPERTY & CASUALTY) INSURANCE COMPANY (f/k/a CIGNA) PROPERTY & CASUALTY) INSURANCE COMPANY), ALLIANCE) INSURANCE COMPANIES, ) AMERICAN AGRICULTURAL) INSURANCE COMPANY, AMERICAN) GROWERS INSURANCE COMPANY) IN REHABILITATION, COUNTRY) MUTUAL INSURANCE COMPANY,) FARM BUREAU MUTUAL) INSURANCE COMPANY OF IOWA,) FARMERS ALLIANCE MUTUAL) INSURANCE COMPANY, GREAT) AMERICAN INSURANCE COMPANY,) HARTFORD FIRE INSURANCE) COMPANY, NAU COUNTRY) INSURANCE COMPANY,) PRODUCERS LLOYDS INSURANCE) COMPANY, AND RURAL) COMMUNITY INSURANCE) COMPANY) v. THE UNITED STATES  

 

Contracts; Federal Crop Insurance Corporation; FCIA; motion to dismiss; liability for breach of contract; liability for unjust enrichment; subject matter jurisdiction; exhaustion of administrative remedies; restitution

Signed by Judge Yock.

04-424C • BLUE WATER ENVIRONMENTAL, INC., v. THE UNITED STATES

Filed 03/31/2004
Bid Protest; Motion to Dismiss; Federal Agency Purchasing Agent; Day-to-Day Supervision Signed by Judge Firestone.

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

Filed 03/31/2004
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.

04-0063C • AMERISOURCEBERGEN DRUG CORP., v. THE UNITED STATES & McKESSON CORP.,Defendant-Intervenor

Filed 03/30/2004
Post-award bid protest; all or none offers Signed by Judge Allegra.

00-343C • DONALD O'CONNER, ET AL., v. THE UNITED STATES

Filed 03/30/2004
Fair Labor Standards Act, 29 U.S.C. § 207 (2000); Civil Service Reform Act, 5 U.S.C. § § 7114, 7121 (2000); mandate; law of the case; accord and satisfaction Signed by Judge Miller, C..

01-647V • REGINA and SHANNON LEMIRE,Parents of DESTINY LEMIRE, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/29/2004
Jurisdiction, National Childhood Vaccine Injury Compensation Act; 42 U.S.C. §300aa-12; Statute of Limitations, Onset of Autism; Relief from Judgment under RCFC 60(b)(5) and 60(b)(6); Review of Special Master's Reinstatement of Petition Under Vaccine Rule 36; Interlocutory Order Signed by Judge Baskir.

02-176C • ROXCO, LTD., v. THE UNITED STATES

Filed 03/29/2004
Summary Judgment; Default termination; Equitable adjustment; Contract Disputes Act, 41 U.S.C. § § 601-613; Res judicata; Equitable estoppel; Waiver; the Fulford Doctrine; Defense against the assessment of liquidated damages Signed by Judge Baskir.

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

Filed 03/25/2004
Alternative Remedy Case, 31 U.S.C. § 3730(c)(5); False Claims Act, 31 U.S.C. § 3729 et seq; Intervention Under RCFC 24;Qui Tam Action; Stay Signed by Judge Braden.

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

Filed 03/24/2004
Contracts Dispute Act, 28 U.S.C. § 1491(a)(2); Counterclaim Jurisdiction; Declaratory Judgment; Integration Clause; Quasi-Contract; Summary Judgment; Requirement of Certainty; Restitution; Set-Off Signed by Judge Braden.

00-355C • MICHAEL CHRISTENSEN, ET AL., v. THE UNITED STATES

Filed 03/23/2004
Military Pay Act, 37 U.S.C. § 204; class action; involuntary retirement; harmless-error analysis; motion for remand; evidentiary standards for proceedings on remand and for subsequent review by this Court Signed by Judge Lettow.

94-1A-C • INDEPENDENCE PARK APARTMENTS, ET AL., v. THE UNITED STATES

Filed 03/23/2004
Motion for protective order; deposition of an expert witness; Rule 26(b)(4)(A); Rule 30(a)(2)(B); Rule 30(d)(2); multiple depositions of same witness; length of depositions Signed by Judge Lettow.

98-823C • ALLEGRE VILLA, A LIMITED PARTNERSHIP, ET AL., v. THE UNITED STATES

Filed 03/22/2004
Contracts; breach of contract; summary judgment; sovereign acts doctrine; unmistakability doctrine; Farmers Home Administration; Emergency Low Income Housing Preservation Act of 1987, 42 U.S.C. § 1472(c) (2000), and 12 U.S.C. § 1715l (2000); Housing and Community Development Act of 1992; section 515 of the Housing Act of 1949, 42 U.S.C. § 1485 Signed by Judge Miller, C..

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