USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago

07-220C • SHIRLINGTON LIMOUSINE & TRANSPORTATION, INC., v. THE UNITED STATES

Filed 06/27/2007
Bid Protest; HUBZone Act, 15 U.S.C. § 657a, 48 C.F.R. § 19.1305; Late Bid, 48 C.F.R. § § 15.208(a), (b); Motion to Dismiss, RCFC 12(b)(1); Standing Signed by Judge Braden.

04-83C • DOMINION RESOURCES, INC. and DOMINION NUCLEAR CONNECTICUT, INC., v. UNITED STATES OF AMERICA

Filed 06/27/2007
Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, RCFC 12(b)(6); Spent Nuclear Fuel; Nuclear Waste Policy Act, 42 U.S.C. § § 10101-10270; One-Time Fee; Recoupment or Setoff Signed by Judge Bruggink.

03-289C • UNITED MEDICAL SUPPLY COMPANY, INC v. THE UNITED STATES

Filed 06/27/2007
Duty to preserve relevant evidence; Breach of duty; Spoliation sanctions; Inherent authority to impose sanctions; RCFC 37 - discovery abuse; No requirement of bad faith in order to impose sanctions; Precedential value of Federal Circuit procedural rulings in patent cases; Balancing test; Reckless disregard of duty to preserve by government employees; Misrepresentations; Sanctions imposed - limitations on examination and use of expert witnesses, as well as costs and attorney's fees. Signed by Judge Allegra.

07-12L • ROBERT INGRUM, v. UNITED STATES OF AMERICA

Filed 06/26/2007
Fifth Amendment Taking; Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Equitable Tolling Signed by Judge Williams.

06-851T • CHARLES P. DANIELS, JR., and LINDA M. DANIELS, v. UNITED STATES OF AMERICA

Filed 06/26/2007
Tax; tax refund; jurisdiction; full-payment rule Signed by Judge Miller, C..

98-533Tconsolidated 98-5330 - 98-5350 • FENTON GINGERICH, et al., v. UNITED STATES OF AMERICA

Filed 06/22/2007
Post-trial decision; time limit on assessment of taxes pertaining to a partnership item that is the subject of a settlement; I.R.C. § § 6229(f), 6231(b)(1); settlement of matters at issue before the Tax Court; partnership items; non-partnership items; application of Treaty Pines;offer and acceptance; existence of contract where written agreement is contemplated; offer distinguished from invitation to offer; mutual assent; parties'intent; closing agreement Signed by Judge Lettow.

07-385C • JAMES A. FULLARD, SR., v. UNITED STATES OF AMERICA

Filed 06/22/2007
Application by Pro Se Plaintiff to Proceed In Forma Pauperis; Obstruction of Justice; Conspiracy; Improper Parties; Sua Sponte Dismissal for Lack of Subject Matter Jurisdiction Signed by Judge Sweeney.

07-210C • SOUTHERN FOODS, INC., v. UNITED STATES OF AMERICA

Filed 06/21/2007
Post-Award Bid Protest; Jurisdiction; Tucker Act, 28 U.S.C. §1491; Motion to Dismiss for Lack of Jurisdiction; Nonappropriated Fund Instrumentalities; RCFC 52.1, Judgment on the Administrative Record Signed by Judge Bruggink.

02-176C • ROXCO, LTD., v. UNITED STATES OF AMERICA

Filed 06/20/2007
Government Contracts; Motion to Dismiss; RCFC 12(b)(1); Contract Disputes Act; 41 U.S.C. § § 605(a), (c)(6); Government Claim; Placeway; Engineered Demolition; Air Force Signed by Judge Sweeney.

06-770C • SEYMOUR WINUK, Individually as the father of Glenn Winuk, Deceased, v. UNITED STATES OF AMERICA

Filed 06/20/2007
Motion for Judgment Upon the Administrative Record; Public Safety Officers' Death Benefits Act, 42 U.S.C. § § 3796-3796c; Expedited Payment for Heroic Public Safety Officers, Public Law 107-37; "Certification" by Public Agency Signed by Judge Horn.

05-1245L • ZOYA ATAMIRZAYEVA, v. UNITED STATES OF AMERICA

Filed 06/20/2007
Takings; Fifth Amendment; RCFC 12(c); RCFC 12(b)(6); standing; "substantial connections" to the United States Signed by Judge Damich.

07-345C • RANDALL L. JENNETTE, v. UNITED STATES OF AMERICA

Filed 06/19/2007
Application by Pro Se Plaintiff to Proceed In Forma Pauperis; Breach of Contract; Copyright Infringement; Improper Parties Signed by Judge Sweeney.

07-335C • RANDALL L. JENNETTE, v. UNITED STATES OF AMERICA

Filed 06/19/2007
Application by Pro Se Plaintiff to Proceed In Forma Pauperis; Breach of Contract; Copyright Infringement Signed by Judge Sweeney.

05-517C • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES

Filed 06/19/2007
Winstar, damages, FIRREA, contract breach as cause of curtailed asset growth, lost profits derived from thrift's actual historic yields and costs of funds, failure to approve merger application as breach, prior material breach, damages due to compelled modified conversion, offset of benefits from conversion, award of damages where Government was large economic stakeholder of mutual thrift, contractual provision for recovery by prevailing party of "attorneys' fees and other costs," motion under RCFC 59(a)(1) for reconsideration of non-final order, RCFC 54(d)(2)(A) and (B), entry of final judgment pursuant to RCFC 54(b) as to all claims except claim for attorneys' fees and related nontaxable expenses, deferral of consideration of latter claim, RCFC 58(c)(1) Signed by Judge Miller, G..

92-580C • SPARTON CORPORATION, v. UNITED STATES OF AMERICA

Filed 06/18/2007
Requests for production of documents; requests for admission; RCFC 34; RCFC 36; timeliness; fact discovery vs. expert discovery; prior production of documents; requests for admission shall be separately set forth; unduly burdensome; 28 U.S.C. section 1498; patent infringement; sonobuoys Signed by Judge Damich.

07-358C • JAMES AGGREY-KWEGGYIRR ARUNGA, et al., v. UNITED STATES OF AMERICA

Filed 06/14/2007
Subject Matter Jurisdiction; Pro Se Plaintiff; Improper Parties; Civil Rights Claims; Tort Claims; Criminal Claims; Habeas Corpus Petition Signed by Judge Horn.

07-277C • JACOB STEPHEN BROWN, v. UNITED STATES OF AMERICA

Filed 06/14/2007
Application to Proceed in Forma Pauperis; Requirement of Poverty; Procedural Requirements; Presumption that Plaintiff is Not Barred by Three Strikes Rule Where Government Did Not Oppose Motion Signed by Judge Hewitt.

05-455C • CORT ANCMAN and EILEEN ANCMAN, v. UNITED STATES OF AMERICA

Filed 06/13/2007
Motion to Dismiss; Jurisdiction; Secretary of the Air Force's Rejection of the Recommendation of the Air Force Board for Correction of Military Records; Retirement Pay; 37 U.S.C. § 204; 10 U.S.C. § 1552 Signed by Judge Sweeney.

04-1454C • DAVID P. BAIRD, v. UNITED STATES OF AMERICA

Filed 06/11/2007
Military Pay Case; Pro se Plaintiff; Motion for Judgment Upon the Administrative Record; Motion to Dismiss for Failure to State a Claim; Review Following Remand to Board for Correction of Military Records, Office of the General Counsel, United States Department of Homeland Security Signed by Judge Wheeler.

02-197C • ADVANCED TEAM CONCEPTS, INC. v. UNITED STATES OF AMERICA

Filed 06/08/2007
Motion for Summary Judgment; Motion for Clarification; Damages; Christian Doctrine Signed by Judge Smith.

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