USCFC General Jurisdiction-Reported

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03-728C • GENTEX CORPORATION v. THE UNITED STATES

Filed 12/10/2003
Contracts - Post-award bid protest; unequal treatment of offerors; FAR 15.306(e); injunctive relief; bid and proposal preparation costs Signed by Judge Williams.

96-166C • ZOLTEK CORPORATION v. THE UNITED STATES

Filed 12/09/2003
Patent infringement under 28 U.S.C. § 1498; Claim arising in a foreign country; eminent domain Signed by Judge Damich.

93-654L • PALM BEACH ISLES ASSOCIATES, a Florida Partnership, et. al., v. THE UNITED STATES

Filed 12/05/2003
Regulatory Takings Claim; Federal Navigational Servitude Defense Signed by Judge Allegra.

03-635C • LAURA WILSON, Personal Representative of the Estate of MAX WILSON, v. THE UNITED STATES

Filed 12/04/2003
Contracts; motion to dismiss; Medicare as Secondary Payer provisions, 42 U.S.C. § 1395y(b) (2000); claims of illegal exaction; Medicare administrative review, 42 U.S.C. § 1395ff (2000); jurisdiction, Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); exhaustion of administrative remedies Signed by Judge Miller, C..

98-934L • SARAH ILLIG AND GALE ILLIG, for themselves and as representatives of a class of similarly represented persons v THE US

Filed 12/03/2003
National Trails System Act; Takings; Scope of railroad easements; Licenses and sub-easements Signed by Judge Bruggink.

99-396L • JOE H. HUBBERT, ET AL., v. THE UNITED STATES

Filed 12/02/2003
Takings; Rails to Trails Act; Easements Signed by Judge Bruggink.

01-314C • BUDDY J. ADELSBERGER, ET AL., v. THE UNITED STATES

Filed 12/02/2003
Federal Employees Overtime Pay; Complaint Filed on Behalf of Pre-Deceased Plaintiff Signed by Judge Bruggink.

97-770C • ABATEMENT CONTRACTING CORPORATION v. THE UNITED STATES

Filed 11/26/2003
Government Contracts; Indefinite Quantity Contracts;48 C.F.R. (FAR) § 52-216-22; Contract Minimum; Modification; Releases; Accord and Satisfaction; Economic Coercion; Government Liability for Estimates in Indefinite Quantity Contracts Signed by Judge Allegra.

02-1122C • HERMINO PAGAN PADILLA AKA PAGAN CONSTRUCTION, INC., v. THE UNITED STATES

Filed 11/26/2003
Contracts; requirements contract; modification; moratorium on construction; hearsay Signed by Judge Margolis.

96-408C • INNOVAIR AVIATION, LIMITED v. THE UNITED STATES

Filed 11/25/2003

5th Amendment Takings; Tucker Act Jurisdiction; 12(b)(1) Motion to Dismiss

Signed by Judge Smith.

96-232C & 96-445C • P.R. BURKE CORPORATION v. THE UNITED STATES

Filed 11/25/2003

Breach of contract; equitable adjustment; motion for summary judgment; Rule 56; Federal Acquisition Regulation; Department of Defense Federal Acquisition Regulation Supplement; genuine issues of material fact

Signed by Judge Lettow.

02-1134C • CARABETTA ENTERPRISES INC, ET AL. v. THE UNITED STATES

Filed 11/25/2003
Summary Judgment; Low-Income Housing; Repayment Agreement; ELIHPA; LIHPRHA; Restatement (Second) of Contracts § 261; Contract Modification; Sovereign Acts Doctrine Signed by Judge Hodges.

03-2173C • SIERRA MILITARY HEALTH SERVICES, INC., v. THE UNITED STATES and TRIWEST HEALTHCARE ALLIANCE CORP. Defendant-Intervenor, ...

Filed 11/25/2003

SIERRA MILITARY HEALTH SERVICES, INC.,   v. THE UNITED STATES and TRIWEST HEALTHCARE ALLIANCE CORP. Defendant-Intervenor, HUMANA MILITARY HEALTHCARE SERVICES, INC., Defendant-Intervenor, and HEALTH NET FEDERAL SERVICES,INC., Defendant-Intervenor

Preliminary Injunction; Motion for Summary Judgment on the Administrative Record; Over-ride of Automatic Stay Under 31 U.S.C. § 3553(d)(3)(C); Standing; Interested Party; Rational Basis

Signed by Judge Merow.

458-79L & 459-79L • THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING v. THE UNITED STATES & THE ARAPAHO INDIAN TRIBE OF THE WIND ...

Filed 11/24/2003

THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING v. THE UNITED STATES & THE ARAPAHO INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING v. THE UNITED STATES

Motion In Limine; Promissory Estoppel; Equitable Estoppel

Signed by Judge Hewitt.

03-2655C • SOFTWARE TESTING SOLUTIONS, INC., v. THE UNITED STATES

Filed 11/21/2003
Post-award bid protest; Application for temporary restraining order; GAO timeliness rule; Laches; Impact of delay in seeking injunctive relief on irreparable harm, balancing of harms and public interest; Unreasonably short period for responding to RFP; Improper sole source award based on RFP being "written around" specifications of particular vendor's product; Application for temporary restraining order denied Signed by Judge Allegra.

99-873C • KING-FISHER COMPANY v. THE UNITED STATES

Filed 11/20/2003
Attorney Disqualification; Attorney as Witness; Deposition of Opposing Counsel Signed by Judge Firestone.

01-683C • ROSILLA A. ADARBE, et al., v. THE UNITED STATES

Filed 11/19/2003

Failure to State a Claim; Subject Matter Jurisdiction; Employment Status of Foreign Service Nationals and Third Country Nationals; Foreign Service Act ("FSA"); 28 U.S.C. § 1502

Signed by Judge Firestone.

03-1424C • MALGORZATA DUSZAK v. THE UNITED STATES

Filed 11/18/2003
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Ripeness of Takings Claim; Procedure for Seeking Return of Property Unlawfully Seized in Connection with a Criminal Matter Signed by Judge Hewitt.

03-2371C • SPHERIX, INC., v. THE UNITED STATES and RESERVE AMERICA HOLDINGS, INC. Intervenor

Filed 11/17/2003
Bid protest; Public interest exception to the Competition In Contracting Act, 41 U.S.C. § 253(c)(7); Clear and convincing justification, 48 C.F.R. § 6.302-7 Signed by Judge Futey.

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