USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-2698C • SAI INDUSTRIES CORP., v. THE UNITED STATES

Filed 05/26/2004
Pre-award bid protest; FAR § 9.207(b) - notice Plaintiff of removal by agency from approved source list; removal of contractor by agency; FAR § 9.205 - agency to spur v. competition by urging potential contractors to seek qualification to compete for restricted contracts; proof of prejudice by protestor in preaward protest Signed by Judge Gibson.

03-465C • MARK DUNNING INDUSTRIES, INC., v. THE UNITED STATES & SI-NOR, Inc., Defendant-Intervenor

Filed 05/26/2004
Bid protest; timely SBA status protest; specificity of protest letter; duty to investigate all HUBZone certifications; prejudice due to agency errors. Signed by Judge Margolis.

97-821L • HENDERSON COUNTY DRAINAGE DISTRICT NO. 3, ET AL., v. THE UNITED STATES

Filed 05/26/2004
Trial; Takings; Excess Seepage; Gravity Drainage; Levee Erosion; Claim Accrual; Statute of Limitations Signed by Judge Hewitt.

03-564C • ALL POWER, INC., v. THE UNITED STATES

Filed 05/25/2004
Contract Disputes Act; 41 U.S.C. § 601 et seq.; Type I and Type II Differing Site Conditions; Contract Interpretation; Summary Judgment Signed by Judge Williams.

04-604C • GARY JACK OGDEN v. THE UNITED STATES

Filed 05/25/2004
Pro se; Constitutional Claims; Tort Claims Signed by Judge Horn.

97-139C • PROCHROMA TECHS., INC. & PROF'L COLOR SYS., INC., v. THE UNITED STATES & SOUTHERN MILLS, INC., and SPRINGS INDUS., INC.,

Filed 05/25/2004
Patent infringement; 28 U.S.C. § 1498; process patent; burden of proof; preponderance of the evidence Signed by Judge Damich.

98-486C • INDIANA MICHIGAN POWER CO., v. THE UNITED STATES

Filed 05/21/2004
Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Standard Contract; Partial Breach of Contract; Past Damages; Mitigation; Repudiation; Expert Testimony; Daubert; Fed. R. Evid. 702; Future Damages; Speculation; Full Core Reserve; Reracking Costs; Dry Storage Facility; Decommissioning Costs Signed by Judge Hodges.

03-2263C • DEMARCO DURZO DEVELOPMENT CO., v. THE UNITED STATES

Filed 05/20/2004
Breach of Contract; CFCR 12(b)(6); Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Equitable Estoppel; Motion to Dismiss; Takings Claim Signed by Judge Braden.

01-357V • EMMA HART, as Representativeof the Estate of MANASSEH MICLEA, Deceased, Petitioner, v. SECRETARY OF THE DEPARTMENTOF HHS

Filed 05/18/2004
National Childhood Vaccine Injury Act; Measles, mumps and rubella (MMR) vaccination; Causation of fatal condition known as hemophagocytic lymphohistio-cystosis (HLH); Knudsen; Improper use of "bare" or "naked" statistics; Unreliable random observations; Findings arbitrary and capricious and contrary to law; Remand for further findings consistent with opinion Signed by Judge Allegra.

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

Filed 05/18/2004
Winstar-related case; summary judgment, RCFC 56; liability; counteroffer; unilateral contract; acceptance through conduct; mutuality of intent; consideration; authority to contract; delegation of authority; allocation of risk of regulatory change Signed by Judge Hewitt.

02-238C • JAN PIJANOWSKI, M.D. v. THE UNITED STATES

Filed 05/14/2004
Implied-in-Fact Contract; Motion to Dismiss; Appointment to Federal Employment Signed by Judge Merow.

03-2773C • PGBA, LLC v. THE UNITED STATES & WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, Intervening Defendant

Filed 05/12/2004
Motion for reconsideration; equitable relief; balancing of harms; final judgment under RCFC 54(b) Signed by Judge Lettow.

04-252C • NAPLESYACHT.COM, INC., v. THE UNITED STATES

Filed 05/11/2004
Advisory Opinion; Motion for Reconsideration; Post Award Bid Protest; RCFC 40.2-Related Cases; 28 U.S.C. § 1491(b)(1) and (2) Signed by Judge Braden.

03-2164T • JADE TRADING, LLC., ET. AL., v. THE UNITED STATES

Filed 05/11/2004
RCFC 56(f) Relief Granted; Discovery is Authorized; Motions For Partial Summary Judgment Are Denied Without Prejudice; 26 U.S.C. § 6226(b); 26 C.F.R. § 1.701-2; Sham Transaction Doctrine; Economic Substance Doctrine; Substance Over Form Doctrine; Step Transaction Doctrine Signed by Judge Williams.

01-47C • JOSE L. ACEBAL, ET AL.,v. THE UNITED STATES

Filed 05/06/2004
Federal Employees Overtime Pay; Federal Equal Pay Act; Fair Labor Standards Act; Motion to Substitute for Deceased Plaintiffs; Survival of Cause of Action Signed by Judge Bruggink.

97-165C • ROBERT F. CHRISTIAN, II v. THE UNITED STATES

Filed 05/03/2004
Remand to Secretary of the Army; Pre-Enforcement Procedural Review of Reevaluation Process; Signed by Judge Smith.

03-2747C • RED RIVER SERVICE CORP v. THE UNITED STATES

Filed 04/30/2004
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Armed Services Procurement Act, 10 U.S.C. § § 2302, et seq.; Competition in Contracting Act, 31 U.S.C. § § 3551, et seq.; Federal Acquisition Regulations, Part 19, 48 C.F.R. § § 19.000, et seq.; North American Industry Classification System, 13 C.F.R. § § 121.201, 121.402(b); Permanent Injunction; Pre-Award Bid Protest; Small Business Act, 15 U.S.C. § § 631 et seq.; "Substantial Chance" Standing Test; Supplementation of the Administrative Record; Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.

02-1664C • MEMBERS OF THE PEANUT QUOTA HOLDERS ASSOCIATION INC., ET AL.,v. THE UNITED STATES

Filed 04/30/2004
Takings; summary judgment; peanut quotas, 7 U.S.C. § § 1358-1359 (2000); Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-171, 116 Stat. 134 (codified at 7 U.S.C.A. § § 7951-7960 (West Supp. 2003)); property interest Signed by Judge Miller, C..

00-843C • HOMETOWN FINANCIAL, & CONTINENTAL FINANCIAL HOLDINGS, INC., INC., v. THE UNITED STATES

Filed 04/29/2004
Winstar-related Case; Prior Material Breach; Restitution Signed by Judge Firestone.

03-1656C • ELZIE HOUSTON v. THE UNITED STATES

Filed 04/29/2004
Subject matter jurisdiction; criminal proceeding; motion to dismiss; plea bargain Signed by Judge Damich.

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