USCFC General Jurisdiction-Reported

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

06-254L • PAT H. HAYES v. UNITED STATES OF AMERICA

Filed 10/30/2006
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Statute of Limitations; Effect of Earlier Filed Suit on Statute of Limitations; Continuing Claim Doctrine; Additional Briefing on Compliance of Notice with
Law Signed by Judge Hewitt.

97-834T & 97-835T • LAROSA'S INTERNATIONAL FUEL CO. INC.and JOSEPH LAROSA, v. UNITED STATES OF AMERICA

Filed 10/27/2006
Tax Refund Suit; Government Counterclaim for Additional Interest; Settlement Through Tax Court Stipulation and IRS Form 906 Agreement Signed by Judge Wheeler.

06-694C • AUTOMATION TECHNOLOGIES, INC., v. UNITED STATES OF AMERICA

Filed 10/27/2006
Post-Award Bid Protest; Standing; Multiple Indefinite Delivery/Indefinite Quantity Contracts; Task Order Protest Signed by Judge Horn.

06-677C • IVAN COMEDORE STAMPS, v. UNITED STATES OF AMERICA

Filed 10/26/2006
Pro Se Plaintiff; In Forma Pauperis; Improper Defendants; Tort Claims; Constitutional Claims; Civil Rights Claims; Breach of Contract; Injunction Relief Signed by Judge Horn.

04-954C • METRIC CONSTRUCTION CO., INC., v. UNITED STATES OF AMERICA

Filed 10/26/2006
Contracts;Equitable Adjustment; Constructive Change Doctrine; Summary Judgment; Burden on Nonmovant; Defective Specifications; Misrepresentation; Reasonableness of Contractor Action in Response to Direction
by the Government Signed by Judge Bush.

06-668C • REILLY'S WHOLESALE PRODUCE v. UNITED STATES OF AMERICA

Filed 10/26/2006
Motion for preliminary injunction; Automatic stay imposed by Competition in Contracting Act of 1984; Override decision under 31 U.S.C. § 3553(d)(3)(C); Jurisdiction to review under 28 U.S.C. § 1491(b); Likelihood of success on the merits; Rationale for override decision appears arbitrary and capricious; Other conditions for preliminary injunctive relief met; Preliminary injunction enjoining performance issued. Signed by Judge Allegra.

06-682C • ALION SCIENCE AND TECHNOLOGY CORPORATION, v. UNITED STATES OF AMERICA

Filed 10/23/2006
Temporary Restraining Order; Post-Award Bid Protest; Preliminary Injunction; Substantial Likelihood of Success on
the Merits Signed by Judge Hodges.

01-220C • INVERSA, S.A. and ASSEMBLY OF TORRE MIRAMAR CONDOMINIUM, v. UNITED STATES OF AMERICA

Filed 10/23/2006
Prompt Payment Act, 31 U.S.C. § 3901, Contract Disputes Act, 41 U.S.C. § 601, interest penalty, late payment, amount of payment in dispute, compliance with contract Signed by Judge Baskir.

02-898C and 03-2663C • VERMONT YANKEE NUCLEAR POWER CORPORATION, and ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al., v. UNITED STATES OF AMERICA

Filed 10/19/2006

 VERMONT YANKEE NUCLEAR POWER CORPORATION, and ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al., v. UNITED STATES OF AMERICA

(02-898C & 03-2663C)

Spent Nuclear Fuel Case; Partial Breach of Contract; Summary Judgment on Liability; Validity of Assignments Upon Sale and Transfer; Obligation to Pay One-Time Fee

Signed by Judge Wheeler.

06-122C • NVT TECHNOLOGIES, INC., v. UNITED STATES OF AMERICA

Filed 10/18/2006
Post-award bid protest; Motion for judgment on the administrative record; Bannum - difference between motion for judgment on the administrative record and motion for summary judgment; No ambiguity in final proposal revision; Effect of ambiguity on contract formation; Responsiveness; Agency action not arbitrary, capricious or otherwise contrary to law; Relief denied Signed by Judge Allegra.

04-1731C • ARMOUR OF AMERICA, v. UNITED STATES OF AMERICA

Filed 10/17/2006
Proprietary information; trade secret; umbrella or blanket protective order; issue preclusion Signed by Judge Damich.

04-74C consolidated with 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. UNITED STATES OF AMERICA

Filed 10/13/2006
Spent Nuclear Fuel Case; Trial of Liability and Damages for Partial Breach of Contract; Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425, 96 Stat. 2201 Signed by Judge Hewitt.

05-1045C • WILLIAM LOUIS TAYLOR v. UNITED STATES OF AMERICA

Filed 10/13/2006
RCFC 12(b)(1); RCFC 12(b)(6); Statute of Limitations, 28 U.S.C. § 2501; Settlement Agreements; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e to 2000e-17; Breach of Contract; Equitable Relief; Transfer, 28 U.S.C. § 1631 Signed by Judge Sweeney.

02-1914C • DAEWOO ENGINEERING AND CONSTRUCTION CO., LTD., v. UNITED STATES OF AMERICA

Filed 10/13/2006
Trial, Construction Case, Compact of Free Association, Corps of Engineers; 48 CFR § 15.306(d) Competitive Range, 48 CFR § 15.406-3 Documenting the Negotiation, SCC-1 Weather Clause, Embankment Clause; Defective Specifications, Delay Claims, Fraud Counterclaims, Earthwork Specifications, Time Extensions for Unusually Severe Weather (SCC-1), Post-Closing Amendments, Superior Knowledge, Design Specifications; Performance Specifications, Impossibility, Misrepresentation, Credibility, Critical Path, Fraud in the Inducement, Special Plea in Fraud (28 U.S.C. § 2514), CDA Fraud Statute (41 U.S.C. § 604), False Claims Act (31 U.S.C. § 3729), Measured Mile; Rebuttal Case, Cost Accounting Standards; FAR 31.105(d)(2)(I), Corps Manual (Construction Equipment Ownership and Operating Expense Schedule), Damages, Negotiating Ploy; CDA Costs Attributable to Reviewing Fraudulent Claim; Partial Judgement Signed by Judge Hodges.

02-911T • EDWARD A. BRINSKELE, v. UNITED STATES OF AMERICA

Filed 10/12/2006
IRC § § 6672, 4251, and 7501; "Collection Agent" Under the Color of Law Signed by Judge Firestone.

93-280C • FRANK P. SLATTERY, JR., et. al., v. UNITED STATES OF AMERICA

Filed 10/11/2006
Winstar-related case; Motion to Dismiss; RCFC 12(b)(1); Subject Matter Jurisdiction; 12 U.S.C. § 1821(d)(11)(A); FDIC-Receiver Signed by Judge Smith.

05-403C • WILLARD JEROME POLK, v. UNITED STATES OF AMERICA

Filed 10/11/2006
Motion to Dismiss; Statute of Limitations; Military Discharge; "Half-a-Loaf" Doctrine; Military pay Signed by Judge Smith.

93-280C • FRANK P. SLATTERY, JR., et. al., v. UNITED STATES OF AMERICA

Filed 10/11/2006
Damages; Tax Gross Up; Net Receivership Claims Signed by Judge Smith.

02-1795C • THE SWEETWATER, A WILDERNESS LODGE LLC, v. UNITED STATES OF AMERICA

Filed 10/06/2006
Term Special Use Permit; Equitable Consideration for Permit Termination; Contract Disputes Act; Taking Signed by Judge Merow.

06-300C • FELTON L. MATTHEWS, Jr. v. UNITED STATES OF AMERICA

Filed 10/05/2006
Motion for Reconsideration; Transfer; Pro Se Plaintiff; Application to Proceed In Forma Pauperis; Three Strikes Rule of the Prison Litigation Reform Act (PLRA); Allegation of Serious Physical Injury Raised for the First Time on Reconsideration; Lack of Evidence or Explanation to Support Allegation of Serious Physical Injury; Defamation and Libel Claims Signed by Judge Hewitt.

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