USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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01-634C • ORLOSKY, INC., v. THE UNITED STATES

Filed 02/02/2005
Contracts; summary judgment; Type I differing site condition; duty to participate in pre-bid site inspection; breach of warranty re: defective specifications Signed by Judge Miller, C..

98-896C • JOHN DOE, ET. AL., v. THE UNITED STATES

Filed 02/02/2005
Motion for Reconsideration; Scope of Interlocutory Review; Intervening Supreme Court Decision; Law of the Case Doctrine; Mandate; Federal Employees Pay Act, 5 U.S.C. § § 5542, 5543, 5545(c)(2), and 5546; "Ordered or Approved"; Premium Pay; 5 C.F.R. § 550, 5 C.F.R.   § 550.103. Signed by Judge Hodges.

01-56C • JOHN W. BULL, ET AL., v. THE UNITED STATES

Filed 02/01/2005
Civilian Pay Case; Motion for Judgment on Pleadings; RCFC 12(c); Whether COPRA [Customs Officer Pay Reform Act, § § 261, 267 (1993)] Is Exclusive Pay System for Canine Enforcement Officers Signed by Judge Hewitt.

01-641C • ELAINE LEONARDO, v. THE UNITED STATES

Filed 01/31/2005
Trial; Bailment; Authority to Contract; Ratification; Burdens of Production and Proof in Breach of Bailment Actions; Liability for Breach of Bailment Signed by Judge Hewitt.

93-134L • DOROTHY M. MOORE, ET AL., v. THE UNITED STATES

Filed 01/31/2005
Takings; Rails to Trails Act; Settlement of Class Action; RCFC 23(e);
Attorney fees Signed by Judge Bruggink.

00-23C • KENNEDY HEIGHTS APARTMENTS LTD. I, and WILSHIRE-WASHINGTON HEIGHTS LIMITED PARTNERSHIP, v. THE UNITED STATES

Filed 01/31/2005
Multifamily Mortgage Foreclosure Act, 12 U.S.C. § § 3701 et. seq.; Subject Matter Jurisdiction; Summary Judgment;
Genuine Issue of Material Fact; Foreclosure Sale Surplus; Breach of Housing Assistance Payment Contracts; Prior Material Breach Signed by Judge Williams.

95-468C • ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, v. UNITED STATES OF AMERICA

Filed 01/31/2005
Winstar-related case; motion for judicial disqualification under 28 USC § 455 Signed by Judge Wolski.

93-162C • FIRST FEDERAL SAVINGS BANK OF HEGEWISCH, v. THE UNITED STATES

Filed 01/31/2005
Winstar-related case; motion for judicial disqualification under 28 USC § 455 Signed by Judge Wolski.

95-829C • STERLING SAVINGS ASSOCIATION & STERLING FINANCIAL CORPORATION, v. THE UNITED STATES

Filed 01/31/2005
Winstar-related case; motion for judicial disqualification under 28 USC § 455 Signed by Judge Wolski.

98-483C, 98-485C, 01-116C, 01-551C • FLORIDA POWER & LIGHT COMPANY, DUKE POWER, a division of DUKE ENERGY CORP., NEBRASKA PUBLIC POWER DISTRICT, PSEG NUCLEAR, ...

Filed 01/31/2005

FLORIDA POWER & LIGHT COMPANY, DUKE POWER, a division of DUKE ENERGY CORP., NEBRASKA PUBLIC POWER DISTRICT, PSEG NUCLEAR, L.L.C., v. THE UNITED STATES

(98-483C, 98-485C, 01-116C, 01-551C)

Contract; Spent Nuclear Fuel; collateral estoppel; subject matter jurisdiction;
Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425, 96 Stat. 2201; statutory interpretation; interlocutory appeal; 28 U.S.C. Sec. 1292

Signed by Judge Sypolt.

04-1655C • KROPP HOLDINGS, INC., d/b/a AVCARD, v. THE UNITED STATES

Filed 01/27/2005
Authorization to Continue Performance Provision of Competition in Contracting Act, 31 U.S.C. § 3553(d)(3)(C); Automatic Stay Provision of Competition in Contracting Act, 31 U.S.C. § 3553(d)(3)(A);
Judicial Review under the Administrative Procedure Act, 5 U.S.C. § 706, et seq.; Jurisdiction, 28 U.S.C. § 1496 (b)(3), (4);
Justiciability; Standing Signed by Judge Braden.

99-533V • CASEY HOCRAFFER v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 01/26/2005
Vaccine Act; Non-Table Injury;Causation in Fact; Hospitalization with Surgical Intervention Signed by Judge Firestone.

96-237L • CANE TENNESSEE, INC. and COLTEN, INC., v. THE UNITED STATES

Filed 01/25/2005
Summary Judgment; Taking; Surface Mining Control and Reclamation Act, 30 U.S.C. § § 1201-1238; Penn Central Test; Economic Impact; Timber Valuation; Reasonable Investment-Backed Expectations Signed by Judge Hewitt.

92-550C • NORTHEAST SAVINGS, v. THE UNITED STATES

Filed 01/25/2005
Winstar liability; contract formation; mutuality of intent; offer; acceptance; consideration; purchase method accounting;
Financial Institution Reform Recovery and Enforcement Act; breach of contract Signed by Judge Williams.

04-1681C • CHAPMAN LAW FIRM, v. THE UNITED STATES and HARRINGTON, MORAN, BARKSDALE, INC., Defendant-Intervenor

Filed 01/25/2005
Post-Award Bid Protest;
28 U.S.C. §1491(b)(2);
Limitation on Subcontracting;
FAR § 52.219-14;
Bonding Requirement;
Discussions, FAR § 15.306(d) Signed by Judge Hewitt.

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

Filed 01/19/2005

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

(95-523C)    
 

Causation; Collateral and Essential Reliance Interest; Financial Institutions Reform Law, Recovery, and Enforcement Act, Pub. L. No. 101-73, 103 Stat. 183 (1989);
Foreseeability; Reasonable Certainty; RESTATEMENT (SECOND) OF CONTRACTS § 349; Winstar-Related Case

Signed by Judge Braden.

98-488C • SACRAMENTO MUNICIPAL UTILITY DISTRICT v. THE UNITED STATES

Filed 01/19/2005
Breach of Contract, Nuclear Waste Policy Act, 42 U.S.C. § 10101 et seq. Standing; Summary Judgment; RCFC 56(c);
10 C.F.R. § 961.11 Signed by Judge Braden.

04-1006T • RICHARD SNYDER & MARION SNYDER v. THE UNITED STATES

Filed 01/18/2005
Tax; Motion to Dismiss; RCFC 12(b)(1); 28 U.S.C. § 1500; Lack of Subject Matter Jurisdiction for Claim Pending in Another Court; RCFC 17(a);
Real Party in Interest When Plaintiffs' Claim is Part of Bankruptcy Estate Signed by Judge Hewitt.

92-731C • FIRST COMMERCE CORPORATION v. THE UNITED STATES

Filed 01/18/2005
Winstar-related case; Summary Judgment on Liability, RCFC 56; Reconsideration, RCFC 59;
Allocation of Risk of Regulatory Change Signed by Judge Hewitt.

04-1201C • DAVID POWELL v. THE UNITED STATES

Filed 01/18/2005
Jurisdiction;Motion to Dismiss; Pro se; RCFC 12(b)(1); Tucker Act, 28 U.S.C. § 1491(a)(1) Signed by Judge Braden.

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