USCFC General Jurisdiction-Reported

Capacity to Sue; ContractDisputes Act of 1978, 41 U.S.C. § 601 et seq.; Breach of Contract; Duty to Perform; Cardinal Change Doctrine; Repudiation; Conversion of Termination for Default to Termination for the Convenience of the Government. Signed by Judge Bush.

Equal Pay Act; Statute of Limitations; 29 U.S.C. § 255; Continuing Violation Doctrine; Equitable Tolling; Equitable Estoppel Signed by Judge Williams.

RCFC 83.1(c)(8); Immediate Family Representation Signed by Judge Smith.

TEFRA partnership proceeding; Six-year statute of limitations under section 6501(e)(1)(A) of the Internal Revenue Code; Application of section 6501(e)(1)(A) where taxpayer allegedly understates gross income owing to an overstatement of basis; Colony - section 275(c) of the 1939 Code; Binding precedent; Colony rationale applicable to construction of 1954 Code provision; Overstating basis of property sold not an omission for purposes of section 6501(e)(1)(A); 1999 assessments time-barred under section 6501(a) of the Code; 2000 assessments unaffected. Signed by Judge Allegra.

Bid Protest; Waiver of Challenges to Terms of Solicitation; Independent Government Estimate; Price Reasonableness; Proof of Prejudice. Signed by Judge Firestone.

Illegal Exaction Claim; Agricultural Quarantine Inspection User Fee, 21 U.S.C. § 136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq. Signed by Judge Margolis.

Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6); Wrongful Levy; Review of Denial of Offers in Compromise; Statutory Interest; Damages Claims Under 26 U.S.C. § 7433; Fifth Amendment Takings; Due Process; Injunctive Relief. Signed by Judge Firestone.

Partial Summary Judgment; Overtime Pay; Federal Employees Pay Act, 5 U.S.C. § 5542; 5 C.F.R. § 550.111(c); Travel-Related Overtime; Statute of Limitations; Relation Back under RCFC 15(c)(2). Signed by Judge Bruggink.

Tax; wrongful levy; full-payment rule; jurisdiction; responsible advocacy. Signed by Judge Miller, C..

Damages for breach of Standard Contract for disposal of spent nuclear fuel and high-level radioactive waste; mitigation; incurred costs for partial breach of contract; foreseeability; substantial causal factor; commercial reasonableness; reasonable certainty; waiver Signed by Judge Merow.

Motion for Leave to File Amended Complaint; Rule 15(a); Undue Delay and Prejudice Signed by Judge Bruggink.

Fifth Amendment taking; Railsto-Trails Act, 16 U.S.C. § 1247(d); General Railroad Right of Way Act of 1875, 43 U.S.C. § § 934-939; right-of-way; easement; abandonment; Hash v. United States, 403 F.3d 1308 (Fed. Cir. 2005); stare decisis; precedent; dicta Signed by Judge Baskir.

Back Pay; Bar to Reenlistment; Discharge; Jurisdiction, 28 U.S.C. § 1491; Justiciability; Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss, RCFC 12(b)(6); Motion for Judgment on the Administrative Record, RCFC 52.1; Pro Se; Qualitative Management Program; Temporary Early Retirement Authority Signed by Judge Braden.

Signed by Judge Damich.

Tax Refund; Motion for Partial Summary Judgment; 26 U.S.C. § § 162, 263 (1994); Environmental Remediation Costs Signed by Judge Sweeney.

Post-award bid protest; Contract for space and missile defense integration; Motion for judgment on the administrative record - nature of review - Bannum; Claimed organizational conflict of interest - relevant FAR provisions described; Unequal access to information; Multi-factored test; Nature of limited prejudice inquiry in case involving organizational conflict of interest; Distinguishing between desirable benefits of incumbency and unequal access to information giving rise to organizational conflict of interest; Contracting officer determination that no organizational conflict of interest existed upheld as not arbitrary and capricious; Relief denied Signed by Judge Allegra.

Contract Disputes Act, 41 U.S.C. § 601 et seq.; Motion to Dismiss, RCFC 12(b)(1); Privacy Act, 5 U.S.C. § 552(a); Summary Judgment, RCFC 56(c); Tucker Act, 28 U.S.C. § 1491(a); Wunderlich Act, 41 U.S.C. § § 321, 322 Signed by Judge Braden.

Default Judgment, RCFC 55; Pro Se Signed by Judge Braden.

Subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; constitutional standing; injury-in-fact; real party in interest; RCFC 17(a); escrow agent; trustee; bailee; 10 U.S.C. § 2785; money-mandating statute; implied contract; Contract Disputes Act, 41 U.S.C. § 601 et seq.; third-party beneficiary; assignment of right to payment; res judicata; issue preclusion; claim preclusion; privity Signed by Judge Miller, G..

28 U.S.C. § 1500; Equal Pay Act and Fair Labor Standards Act; Actions Pending in Different Courts; Different Operative Facts and Relief Sought Signed by Judge Wheeler.