USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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94-599C • COMMERCIAL FEDERAL CORP., and COMMERCIAL FEDERAL BANK, FSB v. THE UNITED STATES

Filed 03/18/2003
Winstar-related Case; FIRREA; Purchase Method of Accounting; Contract Formation; Breach of Contract; Cross-Motions for Summary Judgment on Liability Signed by Judge Bush.

92-820C • WESTFED HOLDINGS, INC., v. THE UNITED STATES

Filed 03/17/2003
Trial; Winstar-Related Case; Reliance Damages; Foreseeability; Causation; Reasonable Certainty of Amount; Restitution Damages; Defense of Failure to Mitigate; Evidence; Business Records, Fed. R. Evid. 803(6); Admissions, Fed. R. Evid. 801(d)(2); Expert Testimony, Fed. R. Evid. 702
Signed by Judge Hewitt.

00-443L • EL-SHIFA PHARMACEUTICAL INDUSTRIES COMPANY and SALAH EL DIN AHMED MOHAMMED IDRIS v. THE UNITED STATES

Filed 03/14/2003
Personal Jurisdiction; Reciprocity for Foreign Nationals, 28 U.S.C. § 2502; Subject Matter Jurisdiction;   Admiralty; Potential Effect Upon Maritime Commerce; Standing of Foreign Nationals to Invoke Fifth Amendment Takings Clause; Requirement to Concede Authority of Government Action;   Application of Takings Clause to Military Operations; Enemy Property; Exercise of President's War Powers; Political Question Doctrine Signed by Judge Baskir.

02-734C • WILLIAM SANFORD GADD v. THE UNITED STATES

Filed 03/13/2003
Motion to Dismiss;   Jurisdiction; Forfeiture; Due Process; Takings;   Illegal Exaction Signed by Judge Horn.

99-124C • INSURANCE COMPANY OF THE WEST v. THE UNITED STATES

Filed 03/11/2003
Contracts; equitable subrogation; surety; motion to dismiss; summary judgment; stakeholder; payment to subcontractor Signed by Judge Miller, C..

03-110C • SEABORN HEALTH CARE, INC. v. THE UNITED STATES

Filed 03/11/2003
Pre-award bid protest; Federal Acquisition Regulations Part 13; Simplified Acquisition Requirements; Option Prices; Revised Quotations  
Signed by Judge Sypolt.

99-750T 00-572T • CINERGY CORP. v. THE UNITED STATES

Filed 03/10/2003
Trial; Tax refund suit; Section 1341 of the Internal Revenue Code; Restoration of amounts held under claim of right doctrine; Absolute versus apparent right to income; Nexus requirement; Independent deduction requirement; Exclusion of fuel cost overrecoveries; Deductibility of costs associated with asbestos encapsulation and removal Signed by Judge Allegra.

99-370C • G & C ENTERPRISES, INC., v. THE UNITED STATES

Filed 03/06/2003
Contract; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2003); claim for equitable   adjustment; summary judgment; risk of loss; beneficial occupancy; expert testimony; Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993); extraordinary contractual relief;
breach of contract; "best efforts" contract Signed by Judge Miller, C..

98-176L • TOWN OF GRANTWOOD VILLAGE v. THE UNITED STATES

Filed 03/06/2003
Attorneys' fees; Uniform Property Relocation Act   Signed by Judge Bruggink.

93-134L • DOROTHY M. MOORE, ET AL.,v. THE UNITED STATES - ERRATA

Filed 03/05/2003
Takings; Rails to Trails Act; Damages for Imposition of New Easement Signed by Judge Bruggink.

99-993C • D. V. GONZALEZ ELECTRIC & GENERAL CONTRACTORS, INC., v. THE UNITED STATES

Filed 03/03/2003
Breach of contract; 12(b)(1); 12(b)(6); Section 8(a) contract; Reliance on government estimate; Superior knowledge; Breach of good faith and fair dealing; Mutual mistake; Negligent misrepresentation Signed by Judge Smith.

02-1135C • UNITED PAYORS & UNITED PROVIDERS HEALTH SERVICES, INC., v. THE UNITED STATES

Filed 02/27/2003
Post-award bid protest; permanent injunction; cost realism analysis; rational basis for decision; violation of regulation or procedure; partial termination for convenience; mootness Signed by Judge Margolis.

02-1807C • ABF FREIGHT SYSTEM, INC., OLD DOMINION FREIGHT LINE, INC., OVERNITE TRANSPORTATION CO., ROADWAY EXPRESS, INC., YELLOW TRANSP...

Filed 02/26/2003

ABF FREIGHT SYSTEM, INC., OLD DOMINION FREIGHT LINE, INC., OVERNITE TRANSPORTATION CO., ROADWAY EXPRESS, INC., YELLOW TRANSPORTATION, INC., v. THE UNITED STATES

Post-award bid protest; Cross-motions for summary judgment on the administrative record; RCFC 56.1; Standing to bring action; Timeliness of protest

Signed by Judge Hewitt.

98-449C • WILLIAM C. ROSE v. THE UNITED STATES

Filed 02/24/2003
Summary Judgment; Literal Infringement; Means-plus-function; Commercial Product Contentions Signed by Judge Baskir.

96-494C • CENTEX CORPORATION, ET AL.,v. THE UNITED STATES

Filed 02/24/2003
Winstar;
Guarini Legislation; Damages Signed by Judge Bruggink.

96-664C • PI ELECTRONICS CORPORATION v. THE UNITED STATES

Filed 02/20/2003
Taking; motion to dismiss; complaint amended to plead takings claim; disclosure of trade secret; exclusivity of contractual remedy; sovereign capacity; proprietary capacity; authorization Signed by Judge Miller, C..

98-789T • PACIFIC GAS and ELECTRIC COMPANY and PG & E CORPORATION v. THE UNITED STATES

Filed 02/20/2003
Summary Judgment; Statute of Limitations, I.R.C. § 7405; Lewis v.   Reynolds, 284 U.S. 281 (1932); Offset Against Refund Signed by Judge Hewitt.

93-162C • FIRST FEDERAL SAVINGS BANK OF HEGEWISCH v. THE UNITED STATES

Filed 02/12/2003
Winstar-related case;Motion to compel;
Attorney-client privilege Signed by Judge Futey.

91-1550C • THE GLOBE SAVINGS BANK, F.S.B. and PHOENIX CAPITAL GROUP, INC., v. THE UNITED STATES

Filed 02/11/2003
Contracts; Winstar-related case; liability for breach of contract; FHLBB's authority to guarantee loss of holding company; assignment of risk of regulatory change; summary judgment Signed by Judge Yock.

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