USCFC General Jurisdiction-Reported

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02-306C • RENDA MARINE, INC., v. THE UNITED STATES

Filed 09/29/2004
Discovery; e-mail; privileged communications; attorney-client; work product Signed by Judge Hewitt.

99-721 • THE AMERICAN INSURANCE COMPANY v. THE UNITED STATES

Filed 09/28/2004
Summary judgment; Miller Act surety; No contractual relationship between surety and government; No right to equitable subrogation; National Surety distinguished; Contract did not mandate retainages; No abuse of discretion in making progress payments to contractor; General reliance on fiduciary or equitable duties rejected Signed by Judge Allegra.

02-1096C • FLEXFAB, LLC, v. THE UNITED STATES

Filed 09/28/2004
Summary Judgment; Breach of Contract; Third-Party Beneficiary; Implied in Fact Contract; Government Agent Authority to Bind United States Signed by Judge Block.

03-1345C • FREDERICK J. SONNENFELD v. THE UNITED STATES

Filed 09/24/2004
RCFC 12(b)(1), RCFC 12(b)(6), Tucker Act, 28 U.S.C. § 1491, Student Loan Repayment Program, Enlistment Contract, Army Regulation 135-7, Military Pay Signed by Judge Miller, G..

04-132C • KEETON CORRECTIONS, INC.,v. THE UNITED STATES AND DISMAS CHARITIES, INC., Intervening Defendant

Filed 09/23/2004
Equal Access to Justice Act; Attorney fees; No recovery for prior court activity; COLA Signed by Judge Merow.

99-489C • WALLACE FORMAN v. THE UNITED STATES

Filed 09/22/2004
FBI Agent; Contracts; Breach of Contract; Reimbursement of Expenses Deemed in Furtherance of Contract; Absence of Explicit or Specific Pre-approval not Basis for Denying Reimbursement Signed by Judge Hodges.

99-194C • MARKETING AND MANAGEMENT INFORMATION, INC., v. THE UNITED STATES

Filed 09/20/2004
Contracts; Brooks Act; Motion in Limine; Right to Damages Even in Absence of Appropriated Funds for Performance; Application of CDA to Barter Contract Signed by Judge Bruggink.

03-2485C • FOREST PRODUCTS NORTHWEST, INC., v. THE UNITED STATES

Filed 09/17/2004
RCFC 26 Protective Order; Motion to Dismiss; Jurisdiction of Court of Federal Claims and U.S. Court of International Trade; Antidumping and Countervailing Duties; Exhaustion of Remedies Signed by Judge Block.

04-1200C • EAGLE DESIGN MANAGEMENT, INC., v. THE UNITED STATES and CIRCLE SOLUTIONS, INC., Intervenor

Filed 09/16/2004
Post-award Bid Protest; 28 U.S.C. § 1491(b); Interested Party; Subcontractor Standing Signed by Judge Williams.

97-31C • JACKSON CONSTRUCTION, CO., INC., v. THE UNITED STATES

Filed 09/15/2004
Contracts; construction; early completion delay claim; cumulative impact claim; total cost damage theory; accord and satisfaction Signed by Judge Yock.

03-2753L • JAMES DWEN, LAURIE MORLEY and ROBERT VICKERS as heirs of DOMINGO PEDRO ACOSTA v. THE UNITED STATES

Filed 09/14/2004
Jurisdiction; Tucker Act; Statute of Limitations, 28 U.S.C. § 2501; Takings; Declaratory Judgment; Action to Quite Title; Equitable Relief; Treaty Cases, 28 U.S.C. § 1502 Signed by Judge Futey.

02-1973V • CELESTE HOPKINS v. SECRETARY OFTHE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 09/14/2004
National Vaccine Injury Compensation Program; Motion for Review; 42 U.S.C. § 300aa-12(e)(2)(B); Special Master Discretion; Credibility Signed by Judge Hodges.

04-0021C • VIROMED LABORATORIES, INC.,THE UNITED STATES and CENTER FOR DISEASE DETECTION, LLC, Defendant-Intervenor

Filed 09/10/2004
Post-Award Bid Protest; Compliance with Solicitation Requirements Signed by Judge Horn.

04-284C • TERRY LOUIS CARTER v. THE UNITED STATES

Filed 09/10/2004
Military pay; pro se; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); statute of limitations, 28 U.S.C. § 2501 (2000); equitable tolling; "accrual suspension" rule; tort Signed by Judge Miller, C..

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

Filed 09/10/2004

Takings; Rails to Trails Act; Attorney Fees; Offer of Judgment

Signed by Judge Bruggink.

90-284C • COMPUTERVISION CORPORATION v. THE UNITED STATES

Filed 09/09/2004
Tax Refund Claim; Statute of Limitations, 26 U.S.C. § 6511(a); Requirement to File an Administrative Claim Prior to Bringing Suit, 26 U.S.C. §7422(a); Specificity of Administrative Refund Claims, 26 C.F.R. § 301.6402-2(b)(1); Variance Between Administrative Claim and Claim Before the Court; Amendments to Refund Claims; Interest Suspension, Rev. Rul. 99-40; Global Interest Netting, 26 U.S.C. § 6621(d) Signed by Judge Horn.

92-844C • STANDARD FEDERAL BANK (formerly known as Heritage Federal Savings Bank), v. THE UNITED STATES

Filed 09/09/2004
Winstar-related Case; Contract Damages; Expectancy Damages; Lost Profits; Cost of Replacement Capital; Reliance Damages Signed by Judge Horn.

95-541C • HOME FEDERAL BANK OF TENNESSEE, F.S.B. v. THE UNITED STATES

Filed 09/08/2004
Contracts; Winstar-related case; liability for breach of contract; liability for breach of contract implied in fact; authority of supervisory agents; summary judgment Signed by Judge Yock.

04-239L • JOHN AND CAROL O'DONNELL v. THE UNITED STATES

Filed 09/08/2004
Impact of filing notice of appeal where the appellate court plainly lacks jurisdiction; Order staying discovery; Interlocutory; Trial court jurisdiction retained; Response to motion to dismiss ordered Signed by Judge Allegra.

00-315C • GARY L. AARON, ET. AL., v. THE UNITED STATES

Filed 09/07/2004
Civilian pay claims; Discovery dispute; Motion for sanctions; Court's jurisdiction to declare rights of employees with respect to leave status Signed by Judge Bruggink.

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