USCFC General Jurisdiction-Reported

Motion to Dismiss, RCFC 12(b)(1); RCFC 12(b)(6); RCFC 60(b), 60(b)(4); Indian Claims Commission Act (ICCA);
Finality Provisions; 25 U.S.C. § 70u (1976) 25 U.S.C. § 70k (1976); ICCA § 22; Aboriginal Title; Treaty of Ruby Valley; 28 U.S. C. § 2501 (2000) Signed by Judge Smith.

Timber sale contracts, suspensions, lost profits, independent and collateral undertakings, subject matter of the contract, foreseeability at time of contracting, availability of cover, partial breach, delayed delivery, election, waiver, expectancy damages, lost volume seller, burden of proof, offset of profits on previously suspended sales, lost
production opportunity, "hole in the profit pipeline", additional timber sale contracts, full operating capacity, ability to sell additional lumber, profitability of additional sales Signed by Judge Miller, G..

Administrative Procedure Act; 5 U.S.C. § § 701, et seq.; Intervenor as a Matter of Right, RCFC 24(a);
Jurisdiction; Motion for Judgment on the Administrative Record, RCFC 52.1; Permanent Injunction; Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); Price Realism Analysis;
48 C.F.R. § § 15.208, 15.305(a), 15.306(c), 15.308, 15.404-1 Signed by Judge Braden.

Congressional Reference Case; Effect of Army's AICUZ Study on Sale of Property Near Military Airfield; Absence of Causation; Summary Judgment Signed by Judge Wheeler.

Punitive Discharge; Military Retirement; Court Martial; Failure to State a Claim Signed by Judge Firestone.

Contracts-Economic Price Adjustment Clauses:
(1) The government's use of the Petroleum Marketing Monthly ("PMM") as a basis for its economic price adjustments satisfies the legal requirement that economic price adjustment clauses be market based; a PMM-based economic price adjustment clause is thus a legitimate and enforceable contract term.
(2) In the absence of any evidence that the parties misapprehended the source data reported by the PMM or the manner in which it would be applied as a reference guide in the adjustment of contract prices, plaintiffs have failed to assert a viable claim for misrepresentation, mistake, failure of consideration, or frustration of purpose. Federal Acquisition Regulation (FAR) § 15.802(b) (currently codified at FAR § 15.402(a)): The directive that a contracting officer purchase supplies and services at prices that are "fair and reasonable" does not create a judicially enforceable right in the contractor. Fifth Amendment Takings: A plaintiff may not pursue a contract-based takings claim where it has available to it a contractual remedy. Equal Protection: An alleged equal protection violation affecting the bidding process, while actionable in this court, may only be remedied through the court's injunctive authority and not through a claim for damages or restitution. Waiver: A plaintiff may not pursue a claim more than seventeen years after the first injury should have come to light Signed by Judge Wiese.

Document preservation order; Pueblo of Laguna; Authority to issue order under RCFC 16(c) and 26(c), as well as the court' s inherent authority; Preservation order necessary, owing to defendant's loss or destruction of potentially
relevant evidence; Preservation order, largely proposed by parties, not unduly burdensome;
Preservation order issued Signed by Judge Allegra.

United States Postal Service; Lease Agreement; Breach of Contract; Mutual Breach; Mitigation of Damages; Apportionment of Damages Signed by Judge Horn.

Jurisdiction; 28 U.S.C. § 1500; Contamination; Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § § 9601-9675; Fifth Amendment Taking Signed by Judge Williams.

Motion for Summary Judgment; Overtime Pay; Federal Employees Pay Act; 5 U.S.C. § 5542; 5 C.F.R. § 550.111; Written Orders for Overtime Signed by Judge Bruggink.

Partial Summary Judgment; Overtime Pay; Federal Employees Pay Act, 5 U.S.C. § 5542; 5 C.F.R. § 550.111; Written Orders for Overtime Signed by Judge Bruggink.

RCFC 56(f); continuance to permit additional discovery to respond to motion for summary judgment Signed by Judge Damich.

Public Safety Officers' Benefits Act, 42 U.S.C. § 3796, et seq.; "Direct and Proximate Cause"; "Substantial Factor"; Carbon Monoxide Inhalation; Preexisting Condition; Prima Facie Case; Reasonable Doubt Rule, 28 C.F.R. § 32.4; Expert Opinion; Law of the Case: Agency Failure to Comply with Remand Instructions Signed by Judge Baskir.

Motion to dismiss; Cross-motions for summary judgment; Surety with payment bond; Doctrine of subrogation; Dicta in
Insurance Co. of the West conflicts with prior binding precedent and will not be followed; Tucker Act covers damages claim arising where payment bond surety pays subcontractors; Defendant liable where, after receiving notice from surety, it disburses funds to contractor Signed by Judge Allegra.

Fifth Amendment Takings; Flooding; Elevated Groundwater; Seepage and Drainage Problems; Causation. Signed by Judge Firestone.

 Fifth Amendment; taking; illegal exaction; RCFC 12(b)(6); Intellectual Property Clause, U.S. CONST. Art. I,
§ 8, Cl. 8; patents; patent fees Signed by Judge Miller, G..

Trial on damages in Winstar-related case; expectancy damages; cost of replacement capital; incidental losses; tax
gross-up; motion for costs under RCFC 37 Signed by Judge Lettow.

Fifth Amendment, Takings, In rem forfeitures Signed by Judge Smith.

Anti-Injunction Act, 26 U.S.C. § 7421; Interlocutory Review, 28 U.S.C. § 1292(d)(2); Motion for Reconsideration, RCFC 59;
Pro Se Signed by Judge Braden.

Contract Damages:
Direct Damages - the value of the performance promised. The holder of an assignable contract for satellite launch services may recover as direct damages for a breach of that contract the value of the contract as established by its hypothetical sale, less the holder's actual contract price. The gain realized upon the sale is not a profit but instead is part of the actual value of the performance promised.
Consequential Damages - assets whose value is dependent upon the performance promised. Diminution in value of a communication satellite due to a breach of a launch contract constitutes a consequential damage. Signed by Judge Wiese.