USCFC General Jurisdiction-Reported

Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations Signed by Judge Hewitt.

Post-award bid protest; jurisdiction; Tucker Act, 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law; rational basis; violation of regulation or procedure; unequal treatment; best-value procurement; prejudice; request for quotations; permanent injunction Signed by Judge Miller, G..

Cost-Plus-Fixed-Fee Contract; Cost Disallowance for Allegedly Nonconforming Goods; Applicability of Commercial Items Clause; Agency's Post-Acceptance Rights; Summary Judgment; Genuine Issues of Material Fact Signed by Judge Wheeler.

Procurement Integrity Act 41 U.S.C. § 423; Competition in Contracting Act, 41 U.S.C. § 253; Small Business Set-Aside; Bid Protest; Federal Acquisition Regulation Part 19 Signed by Judge Block.

SYSTEM FUELS, INC., on its own behalf and as an agent for SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION, v. THE UNITED STATES Causation; Certainty; Cost of Borrowed Funds; Foreseeability; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et. seq.; Tucker Act, 28 U.S.C. § 1491(a)(1) (Jurisdiction), 28 U.S.C. § 2516(a) (The "No Interest" Rule); FE D. R. EVID. 702 (Expert Witness); FE D. R. EVID. 801(d)(1) (Prior Statements); 18 C.F.R. § 101 (Allowance For Funds Used During Construction); RCFC 15(a) Amended Complaint; RCFC 32(a)(3)(F) (Use of Depositions In Court Proceedings); RESTATEMENT (SECOND) OF CONTRACTS § § 73, 347, 350, 350(2), 351(1),(2) (1981) Signed by Judge Braden.

Tax Refund Suit; TEFRA; Cross-Motions for (Partial) Summary Judgment; 26 U.S.C. § 6501(a); 26 U.S.C. § 6229(a), (d); 26 U.S.C. § 7609(e)(2); RCFC 56; Rhone-Poulenc; Andantech; AD Global; Grapevine; Powell Signed by Judge Sweeney.

Patent case, Cross-motions for summary judgment; Repository for storing radioactive waste in a rock formation; Markman hearing; Circumstances in which a claim element need not be construed; "Means-plus-function" limitation under 35 U.S.C. § 112, ¶ 6; Rebuttable presumption; Identification of function and corresponding structure; Material questions of fact as to infringement; Cross-motions denied Signed by Judge Allegra.

Motion to Dismiss; RCFC 12(b)(1); Failure to State a Claim Within the Jurisdiction of the Court; Whether to Impose Sanctions for Filing Baseless Complaint Signed by Judge Hewitt.

RCFC 59; Motion for Reconsideration Signed by Judge Bush.

Motion to Dismiss: RCFC 12(b); Subject Matter Jurisdiction; Pro se Plaintiff Signed by Judge Smith.

Pre-Trial; Objection to Exhibits; Whether Valuation Report Prepared by IRS Consultant is Admissible in De Novo Proceeding by Taxpayer to Obtain Refund; Whether Learned Treatises Relied on by Plaintiff's Expert May Be Received Under Fed. R. Evid. 803(18) Signed by Judge Hewitt.

Post-Award Bid Protest; Start Date Delay; Cardinal Change; Violation of the Competition in Contracting Act ("CICA") Signed by Judge Firestone.

Preaward Bid Protest; RCFC 15(a); Leave to Amend Complaint; Futility; Prejudice Signed by Judge Williams.

Administrative Procedure Act, 5 U.S.C. § 706; Bid Protest; Mitigation; Organizational Conflicts of Interest, 48 C.F.R. § 9.5; Permanent Injunction; Public Interest; Standing; Supplementation of the Administrative Record; Technical Evaluation; Tucker Act, 28 U.S.C. § 1491(b)(4) Signed by Judge Braden.

Taking; Trial of Liability for Erosion of Beachfront Properties South of Harbor Jetties at St. Joseph, Michigan Signed by Judge Hewitt.

Preaward Bid Protest; Standing; Justiciability; Mootness; Ripeness; Corrective Action; Government Accountability Office; Jurisdiction; RCFC 12(b)(1) Signed by Judge Williams.

Contract Damages—Costs incurred in the development of an on-site spent fuel dry storage facility qualify as recoverable mitigation damages where the nuclear utility: (i) had reason to know that DOE would not be able to commence timely pick-up of spent nuclear fuel; (ii) would not have developed the facility in the absence of DOE's expected nonperformance; and (iii) acted in a commercially reasonable manner in pursuing the development of the dry storage facility. Specific Costs: Costs incurred in the development of an off-site storage facility, labor and overhead devoted to mitigation efforts, crane upgrades, and the application for a cask transportation license are recoverable; costs incurred for enhanced security are not recoverable. The utility is not required to recognize as an offset to its claim the cost of loading casks that will arise upon DOE's future performance. The cost of capital involved in mitigation efforts are not recoverable. Alternative Theories of Recovery: Claims of breach of an implied contract of good faith and fair dealing and of a Fifth Amendment taking are rejected as alternative bases for relief Signed by Judge Wiese.

Indian trust claims based upon Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; discovery plan and schedule; RCFC 16(b); amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); timeliness of intervention; RCFC 24; certification of interlocutory appeal; 28 U.S.C. § 1292(d)(2)f Signed by Judge Lettow.

Post-Award Bid Protest; Standing to Protest Multiple Award Solicitation; Direct Economic Interest; Waiver of Claims Based Upon Failure to Provide Briefing; Amendment of Solicitation after Selection of Competitive Range; Duty to Treat Offerors Fairly and Equally in Government Procurements Signed by Judge Bush.

Motion to Dismiss; Rule 12(b)(1); 28 U.S.C. § 2501; Back Pay Claim Barred Under Martinez Signed by Judge Hewitt.