USCFC General Jurisdiction-Reported

Implied warranty of specifications; defective specifications; dimension tolerances;reliance; change due to response to request for information; notice and request for equitable adjustment requirement for constructive change; earthworks; compaction of fill; density tests Signed by Judge Damich.

Post-trial findings and conclusions;Takings Clause of the Fifth Amendment; National Housing Act; Emergency Low Income Housing Preservation Act; Low-Income Housing Preservation and Resident Homeownership Act; temporary taking; Penn Central analysis; just compensation Signed by Judge Lettow.

Winstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment Signed by Judge Williams.

Winstar Liability; Standing; Summary Judgment; Contract Formation; Contract Interpretation; Risk of Regulatory Change Winstar; Breach of Contract; Prior Material Breach; Procedural Waiver; RCFC 8(c); Substantive Waiver; Investments in Service Corporations; Shareholder Loans; 12 C.F.R. § 563b(3)(c)(22); 12 C.F.R. § 563b.9; Summary Judgment Signed by Judge Williams.

Post-award bid protest; arbitrary evaluation process; awarding bid preparation and proposal costs; contemporaneous records; reconstructed records; staff time spent on proposal; costs incurred prior to issuance of solicitation; third party invoices; consultant costs; publishing support services costs Signed by Judge Wolski.

Military Pay; Jurisdiction; Voluntariness; Waiver of Sanctuary, 10 U.S.C. § 12686(b); Motion to Dismiss Signed by Judge Horn.

Mediation, RCFC, Appendix H Signed by Judge Braden.

Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2); Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514; Major Fraud Against the United States, 18 U.S.C. § § 2, 1031(a); Tucker Act, 28 U.S.C. § 1491; 18 U.S.C. § 287 (criminal false, fictitious or fraudulent claims); 31 U.S.C. § 3905(a), (b); FAR 52.232-5, Payments Under Fixed-Price Construction Contracts; FAR 52.232-27, Prompt Payment for Construction Contracts; RCFC 12(b)(6), Motion to Dismiss; RCFC 56(c), Motion for Partial Summary Judgment Signed by Judge Braden.

Vacatur; Inherent Authority of the Court; Balance of Equities Signed by Judge Firestone.

Subject matter jurisdiction; presentment and certification to contracting officer for final decision; equitable adjustment for differing site conditions; subsurface conditions; subgrade replacement; added pile lengths Signed by Judge Damich.

Tucker Act; Statutory Waiver of Sovereign Immunity; Internal Revenue Code § 6511(a); Statute of Limitations; Equitable Tolling; Protective Claim; Informal Refund Claim; Tort Claim; Contract Implied-in-Fact Signed by Judge Bush.

Termination for Default; Release; Unilateral Mistake; "Excuse" for Default; Duty to Cooperate; First Article Test Signed by Judge Firestone.

Claim of Fraudulent HUD Home Mortgage Forbearance Agreement; Six-Year Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Wheeler.

Civilian pay; Equal Pay Act, 29 U.S.C. § 206(d) (2000); statute of limitations, 29 U.S.C. § 255(a) (2000); transfer pursuant to 28 U.S.C. § 1631 (2000); 28 U.S.C. § 1500 (2000); res judicatas Signed by Judge Miller, C..

Public Safety Officers' Benefits Act of 1976, 42 U.S.C. § § 3796 - 3796c; Death Benefits Eligibility; Date of Injury Signed by Judge Firestone.

Drug Enforcement Administration Confidential Informant; Implied-In-Fact Contract; Actual Authority; Implied Actual Authority; Ratification; Summary Judgment; Subject Matter Jurisdiction; Tortious Breach of Contract Signed by Judge Williams.

Cost-plus-award-fee contract; summary judgment; stipulations of fact; breach of obligation that award fee be determined by contractually designated official; damages Signed by Judge Lettow.

Subject Matter Jurisdiction; RCFC 12(b)(1); Breach of Collective Bargaining Agreement; Overtime Compensation; Fair Labor Standards Act, 29 U.S.C. § § 201 et. seq.; Federal Employee Pay Comparability Act, 5 U.S.C. § §5541-5549; Statutory Interpretation; In Pari Materia; Expressio Unius Est Exclusio Alterius; Failure To State A Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6) Signed by Judge Williams.

Tax refund suit; Motion for leave to amend answer; Offset and equitable recoupment claims raised post-trial and post-decision on the merits; RCFC 15; RCFC 15(a) - leave to amend is to be "freely given when justice so requires"; Foman; leave not granted where there is prejudice and undue delay; RCFC 15(b); Motion denied Signed by Judge Allegra.

Class action under RCFC 23; Class notice Signed by Judge Allegra.