USCFC General Jurisdiction-Reported

Disability Determination Under the Veterans Administration Schedule for Rating Disabilities ("VASRD"); Waiver of Judicial Review of Army Board for Correction of Military Records ("ABCMR") Decision; Remand of ABCMR Decision Signed by Judge Firestone.

RCFC 41(a)(1)(ii); RCFC 41(a)(2); standing to challenge settlement; referral to DOJ for investigation of alleged fraud Signed by Judge Smith.

Pay; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Pro Se Plaintiff; NAFI Doctrine Signed by Judge Sweeney.

Published Signed by Judge Firestone.

Winstar Damages; Summary Judgment; Lost Profits; Cost of Capital; Out-of-Pocket Expenses; Wounded Bank Damages; Conflicting Experts Signed by Judge Williams.

JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, on behalf of themselves and all other persons similarly situated, v. UNITED STATES OF AMERICA

 (04-1335C)

Class action; Notice requirement of RCFC 23(c); Cost of providing notice to potential class members; Eisen; Assigning identification task to defendant based on efficiency and economy; Allocation of cost;   Oppenheimer Fund, Inc. v. Sanders; Substantiality of cost; Failure by defendant to provide detailed cost estimate; DFAS "activity based costing"; Burden of demonstrating substantiality of identification costs; Identification costs to be borne by defendant

Signed by Judge Allegra.

Motion to Dismiss, Subject Matter Jurisdiction, RCFC 12(b)(1) Signed by Judge Smith.

Bid Protest; Jurisdiction; 28 U.S.C. § 1500; Same Underlying Facts; Res Judicata; Claim Preclusion Signed by Judge Wheeler.

Building Construction;
Cumulative Impact Claims;
Accord and Satisfaction;
Release; Reservation of Rights; Liquidated Damages;
Promissory Estoppel Signed by Judge Wheeler.

Cuban Asset Control Regulations, 31 C.F.R. Part 515; Civil Service Reform Act of 1978; Annuity Benefits Under the Civil Service Retirement System, 5 U.S.C. § § 8331-8351 (2000); Treasury Department License; Lack of Jurisdiction. Signed by Judge Firestone.

Bid Protest; Cancellation of Solicitation; Rational Basis;
Violation of Applicable Procurement Statutes or Regulations; Agency Discretion; Adherence to Department-wide Program;Mistake Does Not Render Decision Arbitrary and Capricious

Signed by Judge Baskir.

Equal Pay Act; gender discrimination; 29 U.S.C. § 206(d); statute of limitations;
29 U.S.C. § 255(a); application of National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002);
continuing claim doctrine Signed by Judge Lettow.

GSA Building Lease; Contract Interpretation; Real Estate "Tax Adjustment" Clause; Special Assessments Distinguished;
Reliance on Continued Government Payment in Lease Renewal Negotiations Signed by Judge Wheeler.

Breach of Contract: Where the record shows that plaintiff curtailed her overseas housing search after only three weeks and the government provided her a hotel room at its own expense during that period, the agency's conclusion that
plaintiff's return to the United States was not at the convenience of the government is not inherently unreasonable and cannot be found to be arbitrary or capricious. Review of Agency Action: In determining whether a challenged agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under 5 U.S.C.
§ 706(2)(A) (2000), the reviewing court must limit itself to a review of the existing agency record Signed by Judge Wiese.

Jurisdiction; 28 U.S.C. § 1500; Pending Claim; Same Claim; Same Operative Facts; Takings; Federal Tort Claims Act; Administrative Claim; Comprehensive Environmental Response Compensation and Liability Act; Trespass Signed by Judge Williams.

Motion to dismiss; African-American farmer; Alleged breach of USDA settlement agreement involving racial discrimination claim; Tucker Act - claim based upon "any express or implied contract with the United States"; Kania construed - proprietary versus sovereign actions; Sanders; Requirement that claims be payable in money; "Contracts" under the Tucker Act generally not required to contain moneymandating language; Preemption; Court of "limited jurisdiction;" Jurisdiction found Signed by Judge Allegra.

Motion for Reconsideration; Whether the CDA Bars Review of Allegedly Invalid Contracting Officer's Decision When Review is Sought After More Than Twelve Months Have Elapsed "From the Date of the Receipt by the Contractor of the Decision of the Contracting Officer"; 41 U.S.C. § 609(a)(3); Whether Allegedly Invalid Contracting Officer's Decision is "Final and Conclusive" Under 41 U.S.C. § 605(b) Signed by Judge Hewitt.

Military Pay; Motion for Summary Judgment; Laches; Motion for Judgment on Administrative Record; Substantial Evidence Rule; Request for Correction of Military Records; Silencing Order; Post-Traumatic Stress Disorder; Whether BCNR Must Consider Subsequent Records Where Contemporaneous Records Do Not Reflect Symptoms of Disease; Remand Signed by Judge Hewitt.

Equal Pay Act; 29 U.S.C. § 206; Defenses; Burden of Proof; Summary Judgment; Genuine Issue of Material Fact; RCFC 56(f) Signed by Judge Williams.

Takings claim; illegal exaction; money-mandating law Signed by Judge Margolis.