USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-943C • RONALD F. BERKLEY v. THE UNITED STATES

Filed 02/20/2004
Class Action Settlement, Final Approval Signed by Judge Horn.

02-261C • SEA CREST CONSTRUCTION CORP., v. THE UNITED STATES

Filed 02/19/2004
Motion for Reconsideration; Summary Judgment; Rule 56(f); Design/Build Contract; Army Corps of Engineers; Best and Final Offer Signed by Judge Hodges.

03-855C • EDWARD N. EISENHUTH v. THE UNITED STATES

Filed 02/18/2004
Military Pay; RCFC 56.1; Separation on the Ground of Best Interest of the Service (BIOTS); Procedural Flaws; Harmless Errors Signed by Judge Hewitt.

03-1672C • AMERICAN TELECOM CORPORATION v. THE UNITED STATES

Filed 02/18/2004
Motion for Partial Dismissal; RCFC 12(b)(1); the Election Doctrine, 41 U.S.C. § § 605, 609 (2000); the Fulford Doctrine; defense against the assessment of reprocurement costs Signed by Judge Hewitt.

03-767C • ROBERT B. ANDERSON, III, v. THE UNITED STATES

Filed 02/17/2004
Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss; Rule 12(b)(1); Rule 12(b)(6); Motion for Judgment Upon the Administrative Record; Rule 56.1; Army Board for Correction of Military Records; constructive military service; voluntary and knowing waiver of required element for relief Signed by Judge Lettow.

99-49C • ARCTIC KING FISHERIES, INC.,v. THE UNITED STATES

Filed 02/11/2004
Trial; Regulatory taking; American Fisheries Act - barring access to the Bering Sea and Aleutian Islands pollack fishery; Penn Central factors; Cognizable property interest - licenses, permits and putative statutory benefits; Equal protection analysis distinguished; Economic impact; Reasonable investment-backed expectations; Impact of decisions made post-acquisition; Character of governmental action; Singling out for disparate treatment; American Pelagic distinguished; No taking found Signed by Judge Allegra.

03-1420C • THRUSTMASTER OF TEXAS, INC., v. THE UNITED STATES

Filed 02/11/2004
Contracts; Contract Disputes Act; Cases in Admiralty; Transfer to cure lack of jurisdiction Signed by Judge Bruggink.

95-517C • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES

Filed 02/09/2004
Winstar-related case; motion to dismiss; illegal exaction Signed by Judge Merow.

03-2853C • FILTRATION DEVELOPMENT CO., LLC, v. THE UNITED STATES

Filed 02/03/2004
Bid protest; Justiciability; Unusual and compelling urgency exception to the Competition In Contracting Act, 10 U.S.C. § 2304(c)(2); Administrative Procedure Act, 5 U.S.C. § 706(2)(A); Organizational Conflict of Interest Signed by Judge Futey.

02-982C • MARK A. CLIFFORD v. THE UNITED STATES

Filed 02/02/2004
Military pay; procedural due process; discharge board hearing; material prejudice; AR 635-200 ¶ 2-10b(1) (Oct. 17, 1990) - right to appear with counsel - military and/or civilian, unavailability of counsel; AR 635-200 ¶ 2-10f - requirement of accurate transcript; due process right to a hearing with counsel present Signed by Judge Miller, C..

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

Filed 02/02/2004
Motion to Intervene; Rule 24 of the Rules of the United States Court of Federal Claims; Intervention of Right; Permissive Intervention Signed by Judge Hewitt.

03-1242C • UNITED PARTITION SYSTEMS, INC., v. THE UNITED STATES

Filed 01/28/2004
Breach of contract; motion to dismiss; Rule 12(b)(1); subject matter jurisdiction; Multiple Schedule Award under the Federal Supply Schedule program; Contract Disputes Act; submission of claim; receipt of claim; two contracting officers with partial authority; deemed denial; termination for default; stay of proceedings; Rule 15(d); supplemental pleading Signed by Judge Lettow.

95-153C • ALASKAN PULP CORPORATION v. THE UNITED STATES

Filed 01/28/2004
Long-Term Timber Sale Contract; Legislative Breach; Remedies - Right of Non-Performance, Expectancy, Reliance and Restitution; Losing Contract; Causation; Substantial Factor; Proof of Harm; Contemporaneous Assessments of Harm Signed by Judge Baskir.

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

Filed 01/26/2004
Civil Service Reform Act; 5 U.S.C. § 7121(a); motion to dismiss; power of union as exclusive representative of federal employees in collective bargaining unit; collective bargaining agreement; individual right to judicial remedy; statute of limitations; accrual Signed by Judge Lettow.

02-466C • SUNOCO INC., AND PUERTO RICO SUN OIL COMPANY, v. THE UNITED STATES

Filed 01/26/2004
Summary judgment, contract dispute, jet fuel sales, EPA clauses, waiver Signed by Judge Damich.

03-265C • DANIEL J. BERNARD, PRO SE, v. THE UNITED STATES

Filed 01/23/2004
Appointment of Counsel; Military Pay Act, 37 U.S.C. § § 204, 205; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Braden.

03-265C • DANIEL J. BERNARD, PRO SE, v. THE UNITED STATES

Filed 01/23/2004
Appointment of Counsel; Military Pay Act, 37 U.S.C. § § 204, 205; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Braden.

03-296T • STEVEN DANIELS, PRO SE, v. THE UNITED STATES

Filed 01/23/2004
Tax refund claim; claims under Civil Rights Act of 1964, 42 USC, passim Signed by Judge Sypolt.

03-190V • JEANNINE WEISS and JOSEPH WEISS, Parents of CHRISTOPHER WEISS, a minor, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN ...

Filed 01/23/2004

JEANNINE WEISS and   JOSEPH WEISS, Parents of CHRISTOPHER WEISS, a minor, v. SECRETARY OF THE DEPARTMENT OF   HEALTH AND HUMAN SERVICES  

Jurisdiction, National Childhood Vaccine Injury Compensation Act, 42 U.S.C. § 300aa-12; Interlocutory Order

Signed by Judge Williams.

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