USCFC General Jurisdiction-Reported

Subscribe to USCFC General Jurisdiction-Reported feed
U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago

05-381L • ARKANSAS GAME AND FISH COMMISSION, v. UNITED STATES OF AMERICA

Filed 11/16/2006
Motion to compel; RCFC 37(a); entry upon land for testing and sampling; fact discovery; piezometers; RCFC 34(a)(2); scope of discovery; protective conditions for entry upon land; RCFC 26(b) Signed by Judge Lettow.

05-183C • KAEPER MACHINE, INCORPORATED, v. UNITED STATES OF AMERICA

Filed 11/16/2006
Purchase Order; 48 C.F.R. § 13.302-4; 48 C.F.R. § 52.213-4(f); Equitable Estoppel; Substantial Performance Signed by Judge Firestone.

04-1223L • CLAYTA FORSGREN, et al., v. UNITED STATES OF AMERICA

Filed 11/15/2006
Motion for Reconsideration, RCFC 59; 28 U.S.C. § 1500; Subject Matter Jurisdiction; Dismissal Without Prejudice;
Statute of Limitations Signed by Judge Sweeney.

05-0525T • USA CHOICE INTERNET SERVICE, LLC, v. UNITED STATES OF AMERICA

Filed 11/15/2006
Post-trial decision on tax refund claim; applicability of communications excise tax to an internet service provider; 26 U.S.C. § 4251; local telephone service; private communication service; 26 U.S.C. § 4252; "substantial variance" rule; 26 U.S.C. § 7422(a) Signed by Judge Lettow.

06-569C • STANLEY BAKER v. UNITED STATES OF AMERICA

Filed 11/13/2006
Motion to Dismiss; Pro Se Standard RCFC 12(a) and   (b);28 U.S.C. § 1491 Signed by Judge Smith.

06-571C • OTI AMERICA, INC., v. UNITED STATES OF AMERICA

Filed 11/08/2006
Deselection bid protest; cross-motions for judgment upon the administrative record; multiple-award contracts with the Government Printing Office for development of devices and materials for electronic passports, preparation and testing of prototypical materials for use in electronic passports, and production of such materials; application of the technical testing criteria for materials to be used with electronic passports Signed by Judge Lettow.

06-607C • NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC., v. UNITED STATES OF AMERICA

Filed 11/07/2006
RCFC Rule 24(a)(2); Motion to Intervene; Limited Intervention; OMB Circular No. A-76; FAIR Act 31 U.S.C. § 501; Trade
Secrets Signed by Judge Block.

05-1179L • RITA MOHLEN and RICHARD SKRINDE, v. UNITED STATES OF AMERICA

Filed 11/07/2006
Motion to Dismiss; Regulatory Taking Signed by Judge Horn.

06-116C • CALIFORNIA OREGON BROADCASTING, INC., v. UNITED STATES OF AMERICA

Filed 11/06/2006
Application of State Law; Lease; Right of First Refusal; Option; Damages; Lost Profits Signed by Judge Firestone.

95-498C • AMERICAN FEDERAL BANK, FSB, v. UNITED STATES OF AMERICA

Filed 11/01/2006
Damages in Winstar-related case; reconsideration in accord with RCFC 54(b) and 59(a); offset for costs awarded under RCFC 37(c) and the court's inherent authority Signed by Judge Lettow.

01-116C • NEBRASKA PUBLIC POWER DISTRICT v. UNITED STATES OF AMERICA

Filed 10/31/2006
Government contract - spent nuclear fuel case; Mandamus issued by D.C. Circuit in Northern States; Whether mandamus may be collaterally attacked; Christopher Village; Judgment void if unsupported by waiver of sovereign immunity; Void order doctrine - applicability to mandamus writs; Section 119 of the Nuclear Waste Policy Act; Jurisdictional premises in Northern States inconsistent with Federal Circuit holding in PSEG; Judgment and mandamus in Northern States exceeded scope of section 119; Section 119 does not provide waiver of sovereign immunity; Waiver under APA section 702 unavailable; Statutory versus nonstatutory review cases under APA section 704; Consolidated Edison; Mandamus is void; Briefing on unavoidable delay clause ordered. Signed by Judge Allegra.

03-2263C • DEMARCO DURZO DEVELOPMENT CO. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Contract Disputes Act, 41 U.S.C. §605; Computation of Time, RCFC 6; Federal Rule of Civil Procedure 6; Material Facts; Motion for Reconsideration, RCFC 59; Restatement (Second) of Contracts (1981) § § 201(1), 202(1); Williston on Contracts (4th ed.) § § 34:6, 72:1. Signed by Judge Braden.

05-517C • GEORGE W. HALL v. UNITED STATES OF AMERICA

Filed 10/31/2006
Motion to Dismiss, RCFC 12(b)(1), RCFC 15(c)(2); 28 U.S.C. § 1500. Signed by Judge Braden.

04-1489C • INFORMATION INTERNATIONAL ASSOCIATES, INC. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Clerical Error; Contract Disputes Act, 41 U.S.C. § § 601, et seq.Deemed Denial of Certified Claim; Equitable Adjustment; Motion for Summary Judgment, RCFC 56; Reformation; Restatement (Second) of Contracts § 153; Unilateral Mistake; 41 U.S.C. § 611; 48 C.F.R. § § 2.101, 14.407, 14.407-4(b), (c), 15.508, 52.233-1(c). Signed by Judge Braden.

03-1390C • MICHAEL STRICKLAND v. UNITED STATES OF AMERICA

Filed 10/31/2006
Board for Correction of Naval Records; Correction of Military Records; Remand; 28 U.S.C. § 1491(a)(2). Signed by Judge Braden.

99-363C • TRAFALGAR HOUSE CONSTRUCTION, INC. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Certification; Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Equitable Adjustment; Jurisdiction; Tucker Act, 28 U.S.C. § 1491(a)(2); 48 C.F.R. § 52.236-2 (Differing Site Condition); 48 C.F.R. § 52.236-3 (Site Investigation And Conditions Affecting The Work); Fed. R. Ev. 702; RCFC 12(b)(1); RCFC 52(c). Signed by Judge Braden.

95-518C • FIRST FEDERAL LINCOLN BANK. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Winstar-related case; contracts; expectancy damages; lost profits; causation; reasonable certainty. Signed by Judge Margolis.

09-58V • DORY ZATUCHNI, EXECUTRIX OF THE ESTATE OF E. BARBARA SNYDER v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/31/2006
National Vaccine Injury Compensation Program; Recovery of Lifetime Economic Losses and Death Benefits for Vaccine-Caused Injuries and Death; Plain Reading of Act. Signed by Judge Wheeler.

02-272C • O. AHLBORG & SONS, INC. v. UNITED STATES OF AMERICA

Filed 10/31/2006
Merchant Marine Act of 1936, 46 App. U.S.C. § 1271 et seq.; Maritime Administration Loan Guarantee; Issue Preclusion; Privity; Third-Party Beneficiary; Implied-In-Fact Contract. Signed by Judge Williams.

02-30C, 04-1822C, & 05-249C - consolidated • AMBER RESOURCES CO., et al., v. UNITED STATES OF AMERICA

Filed 10/31/2006
Motion for Partial Summary Judgment; Outer Continental Shelf Oil and Gas Leasing; Outer Continental Shelf
Lands Act; Rescission and Restitution; Offset of Restitution Award ; Recovery of Sunk Costs as Restitutionary Damages; Reliance Damages Distinguished Signed by Judge Bruggink.

Pages