USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-507C • THEISEN VENDING CO., INC. v. THE UNITED STATES

Filed 10/20/2003

Fifth Amendment taking; summary judgment; RCFC 56(f); FDA tobacco   regulations

Signed by Judge Lettow.

02-1011C • MCI WORLDCOM COMMUNICATIONS, INC., v. THE UNITED STATES

Filed 10/17/2003
GSA Telecommunications Contract; Contract Construction; Constructive Changes; Changes Clause; 48 C.F.R. § 52.229-04(c). Signed by Judge Hodges.

03-616T • DAVID CARROLL STEPHENSON, DAVID STRUCKMAN, AND LAURA STRUCKMAN, Pro Se v. THE UNITED STATES

Filed 10/15/2003
RCFC 12(b)(2) motion to dismiss for lack of   jurisdiction against individuals; RCFC 12(b)(1) motion to dismiss for lack of subject matter jurisdiction; Writ of habeas corpus cum causa; "Money-mandating" jurisdiction of the Court of Federal Claims Signed by Judge Gibson.

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

Filed 10/14/2003
Contracts; Winstar-related case; liability for breach of contract; lack of consideration; real party in interest; Assignment of Claims Act; Fifth Amendment taking and due process claims; summary judgment Signed by Judge Merow.

03-2225C • NORFOLK DREDGING COMPANY, INC. v. THE UNITED STATES AND BEAN STUYVESANT, LLC Defendant-Intervenor

Filed 10/14/2003
Contracts; pre-award/post-award bid protest; 28   U.S.C. § 1491    (b)(1) (2000); exception to 46 U.S.C. app. § 292 (2000), prohibiting dredging by all foreign-built, 75% U.S.-citizenowned vessels and U.S.   vessels not chartered by a U.S. citizen or a U.S. entity with 75% U.S.-citizen control Signed by Judge Miller, C..

95-39C • ANCHOR SAVINGS BANK, FSB v. THE UNITED STATES - ERRATA

Filed 10/02/2003
Winstar-Related Case; Summary Judgment; Damages; Material Issue of Fact; Burden of Proof; Causation Foreseeability Signed by Judge Block.

02-705C • WILLIAMS ALASKA PETROLEUM, INC., AND WILLIAMS ENERGY MARKETING AND TRADING v. THE UNITED STATES

Filed 10/01/2003
Contracts - Economic Price Adjustments: 48 C.F.R. § 16.203 authorizes the use of economic price adjustment clauses that adopt   marketbased price indexes to provide for adjustments in a contractor's established prices. The authority to rely on such clauses is additionally conferred by legally obtained deviations from the Federal Acquisition Regulations Signed by Judge Wiese.

01-225C • LAMB ENGINEERING & CONSTRUCTION COMPANY v. THE UNITED STATES

Filed 09/30/2003
Contracts; False Claims Act; Termination for Default; Summary Judgment Signed by Judge Bruggink.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian Tribe v. THE UNITED STATES

Filed 09/30/2003
Indian tribe; motion to dismiss; federally   recognized; Indian Self-Determination Act; Treaty of Point Elliot; statute of limitations; 25 C.F.R. § 83.2; subject matter jurisdiction; exhaustion of administrative remedies; clerical error; equitable tolling doctrine; Snyder Act; collateral estoppel;   temporary taking; 28 U.S.C. § 1500; previously filed claim Signed by Judge Damich.

01-448C • MICHAEL P. PAALAN v. THE UNITED STATES

Filed 09/30/2003
Motion to dismiss; administrative exhaustion; statute of limitations; equitable tolling; Fifth Amendment Just Compensation Clause; seizure of property for evidentiary purposes by police power. Signed by Judge Braden.

92-391L • KENT BUSH v. THE UNITED STATES

Filed 09/30/2003
Motion to dismiss; mineral interests; Fifth Amendment Just Compensation Claim; administrative review. Signed by Judge Braden.

00-170V • MARGARET ALTHEN v. THE UNITED STATES

Filed 09/30/2003
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300-aa-1 to 300aa-34 (2000); de novo review; causation in fact Signed by Judge Braden.

02-231C • PARKER BEACH RESTORATION, INC., v. THE UNITED STATES

Filed 09/30/2003
Patent infringement; release clause; summary judgment; authorization and consent; Fla. Stat. ch. 768.041 CRADA; contract   interpretation; extrinsic evidence Signed by Judge Damich.

02-713C • JCI INTERNATIONAL, INC. v. THE UNITED STATES

Filed 09/30/2003
Signed by Judge Damich.

03-1986C • PGBA, LLC v. THE UNITED STATES & WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, Intervening-Defendant

Filed 09/29/2003
Motion for preliminary   injunction; Automatic stay imposed by Competition in Contracting Act of 1984; Override decision under 31 U.S.C. § 3553(d)(3)(C); Jurisdiction to review under 28 U.S.C. § 1491(b); Justiciability of finding that   override is "in the best interests of the United   States"; Likelihood of success on the merits; Rationale for override decision appears arbitrary and capricious; Other conditions for preliminary injunctive relief met; Preliminary injunction   enjoining performance issued Signed by Judge Allegra.

02-1829C • BONNIE HARBUCK v. THE UNITED STATES

Filed 09/29/2003
Jurisdiction, 28 U.S.C. § 1500; 28 U.S.C. § 1631; Equal Pay Act, 29 U.S.C. § 206 Signed by Judge Futey.

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 09/26/2003

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

Indian Claim; Summary Judgment; Oil and Gas Leases; Federal Oil and Gas Royalty Management Act, 30 U.S.C. § § 1701-1757; Take-or-Pay; Mineral Management Service

Signed by Judge Hewitt.

02-1406L • ROBERT E. MORRIS AND CAROL L. MORRIS v. THE UNITED STATES

Filed 09/26/2003
Takings, Ripeness, Endangered Species Act, 16 U.S.C. § 1539 Signed by Judge Futey.

03-866L • MICHAEL R. WARE, pro se v. THE UNITED STATES

Filed 09/25/2003
Fifth Amendment taking and due process claims; Mining Law of 1872, 30 U.S.C. § § 21-54; Tucker Act jurisdiction; equitable relief; cognizable property interest; statute of limitations; tolling; legal disability; motion to dismiss Signed by Judge Lettow.

01-46C, 01-251C, 01-416C • CUYAHOGA METROPOLITAN HOUSING AUTHORITY v. THE UNITED STATES

Filed 09/22/2003
Summary judgment; Breach of contract; HUD section 8 housing program; HAP contracts; 1994 amendments to Housing Act of 1937; HUD Directive 95-12; Repudiation of HAP contracts; Prima facie breach; Unmistaka-bility doctrine - provenance examined; Winstar; Unmistakability doctrine inapplicable; Breach; Accord and satisfaction; Damages Signed by Judge Allegra.

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