USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago

08-48C • MALCOLM B. BLANKENSHIP III v. THE UNITED STATES

Filed 10/31/2008
Military pay; claim under 37 U.S.C. § 204 (2000), for back pay and allowances; review of decision of military correction board; justiciability; whether failure to follow syllabus requiring remedial flight training by Navy aviation program entitles serviceman to award of wings; reliance on advisory opinion Signed by Judge Miller, C..

08-92C • SHARON L. MYRICK, DDS v. THE UNITED STATES

Filed 10/31/2008
Disability Evaluation Manual,Commissioned Corps Personnel Manual Pamphlet No. 47(1999); Judgment on the Administrative Record,RCFC 52.1;Regulars and Members on Active Duty for More than 30 Days: Retirement, Section 1201 of Title 10 of the United States Code, 10 U.S.C. § 1201, 1203;Schedule of Ratings-Neurological Conditions and Convulsive Disorders, Section 4.124a of Title 38 of the Code of Federal Regulations, 38 C.F.R. § 4.124a;United States Constitution Amend. V, VI; United States Public Health Service Congress Personnel Management Regulations; Rights, Benefits, Privileges, and Immunity for Commissioned Officers or Beneficiaries,Section 213A of Title 42 of the United States Code, 42 U.S.C. § 213a, et. seq. Signed by Judge Braden.

07-773C • LOUISE HALL and GLENN GOULD v. THE UNITED STATES

Filed 10/31/2008
Omnibus Budget Reconciliation Act of 1993,30 U.S.C. § 28f(a);United States Constitution, Amendment V; Use and Occupancy Under the Mining Laws,43 C.F.R. § 3715; Motion to Dismiss, RCFC (12)(b)(1) Signed by Judge Braden.

06-801C • IRIS CORPORATION BERHAD and WINSTON WILLIAMS v. THE UNITED STATES & FULCRUM IT SERVICES COMPANY...

Filed 10/30/2008
RCFC 30(b)(6); RCFC 26(c); Motion for Protective Order; Claim Construction; Patent Infringement; Good Cause for Issuance of Protective Order; Relevance; Use of Multiple Discovery Vehicles Signed by Judge Williams.

08-597C • LABATT FOOD SERVICE, INC., v. UNITED STATES

Filed 10/30/2008
Bid Protest;Standing;Deviation from the Solicitation in the Method of Transmission of Proposal Revisions; Late Proposal Submission; Injunctive Relief Signed by Judge Horn.

07-739T • INTERSPORT FASHIONS WEST, INC., v. THE UNITED STATES

Filed 10/29/2008
Motion to Dismiss for Lack of Subject Matter Jurisdiction;Validity of Tax Assessment; Full Payment Rule; 26 U.S.C. § 6203; 26 C.F.R. § 301.6203-1; RCFC 12(b)(1) Signed by Judge Hewitt.

08-70C • HIGHQBPO, LLC, v. THE UNITED STATES

Filed 10/29/2008
Motion for Reconsideration;RCFC 59(a); Motion to Stay Signed by Judge Hewitt.

99-172C • GENERAL ELECTRIC COMPANY v. THE UNITED STATES

Filed 10/24/2008
CAS 413; CAS 412; Interest Rate Assumptions; ERISA; FAS 87 LTR Signed by Judge Firestone.

08-387C • ANTONIO GIMBERNAT v. THE UNITED STATES

Filed 10/24/2008
Motion to Dismiss; Pro Se Complaint Alleging Claims of Sexual Harassment and Physical Threats; Relief Not Available Under Universal Declaration of Human Rights, Title VII of the Civil Rights Act of 1964, or 42 U.S.C. § 1983 Signed by Judge Hewitt.

07-850C • JOHN GARDNER BLACK v. THE UNITED STATES

Filed 10/23/2008
Pro se complaint; Fifth Amendment taking claim; subject matter jurisdiction; RCFC 12(b)(1); statute of limitations; 28 U.S.C. § 2501; accrual suspension rule; equitable tolling; collateral attack of agency action and previous civil and criminal proceedings Signed by Judge Sweeney.

07-589C • JEFFREY B. KING, SCOTT A. AUSTIN, KEVIN J. HARRIS, AND JOHN J. HAYS, on their own behalf... v. THE UNITED STATES

Filed 10/23/2008
Back Pay Act; RCFC 23; Opt-In Class Action; Deadline for Defendant to Provide Contact Information as to Potential Class Members; Request for Briefing on Statute of Limitations Signed by Judge Hewitt.

02-898C & 03-2663C • VERMONT YANKEE NUCLEAR POWER CORPORATION, & ENTERGY NUCLEAR VERMONT... v. THE UNITED STATES

Filed 10/22/2008
Spent Nuclear Fuel Case Involving Buyer and Seller of Power Station; Seller's Assignment to Buyer of Claims Relating to DOE's Defaults Under Standard Contract; Seller's Retention of Claims Relating to One-Time Fee; Contract Interpretation; Partial Summary Judgment Signed by Judge Wheeler.

02-0411V • JOHN DOE 21 v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/21/2008
Burden of Proof; Causation in Fact; De Novo Review; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300aa-1-300aa-34 (2000) Signed by Judge Braden.

06-541T • CNG TRANSMISSION MANAGEMENT VEBA v. THE UNITED STATES

Filed 10/21/2008
Tax; Refund Claim; 26 U.S.C. § § 419A, 512(a)(3) (2000); 26 C.F.R. § 1.512(a)-5T(2008); Unrelated Business Taxable Income; Limitation on Exempt Function Income; Deference to Interpretative, Temporary Treasury Regulation Signed by Judge Bush.

08-682C • NORTEL GOVERNMENT SOLUTIONS, INC., v. THE UNITED STATES, & SYSTEMS RESEARCH AND APPLICATION CORPORATION, Intervenor...

Filed 10/20/2008
Bid Protest, Agency Override Determination, Injunctive Relief Signed by Judge Futey.

06-144C • PCL CONSTRUCTION SERVICES INC., v. UNITED STATES

Filed 10/16/2008
Claim Splitting; Res Judicata;Conclusiveness of Judgment, 28 U.S.C. § 2519; Contract Disputes Act,41 U.S.C. § 605 Signed by Judge Horn.

08-186C • YVONNE S. BROWN v. THE UNITED STATES

Filed 10/16/2008
Motion to Dismiss under RCFC 12(b)(1); Equitable Tolling; Equitable Transfer; 28 USC § 2501; 28 USC § 1631 Signed by Judge Firestone.

06-510C • EVANGELA FORBES v. UNITED STATES

Filed 10/16/2008
Claim for compensation of driving time under the Fair Labor Standards Act; 29 U.S.C. § § 201-219; effect of the Portal-to-Portal Act; 29 U.S.C. § 254(a); summary judgment; application of Adams and Bobo precedents Signed by Judge Lettow.

06-801C • IRIS CORPORATION BERHAD and WINSTON WILLIAMS, v. THE UNITED STATES & FULCRUM IT SERVICES COMPANY...

Filed 10/16/2008
Discovery; RCFC 26, 34; Requisite Specificity of Claim Construction Chart; Claim Limitation; Elements of Accused Device Signed by Judge Williams.

07-4C • LAUDES CORPORATION v. THE UNITED STATES

Filed 10/16/2008
Contracts Performed in Iraq; Coalition Provisional Authority; Lack of Appropriated Funds; Absence of Successor Agency; Authority to Transfer Contracts to Iraqi Interim Government; Sovereign Acts Doctrine Signed by Judge Wheeler.

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