USCFC General Jurisdiction-Reported

Motion for leave to file a second amended answer; affirmative defenses; counterclaim; motion to transfer and consolidate actions pending before the Department of Energy Board of Contract Appeals; recovery of additional award fees for work performed at Rocky Flats Nuclear Weapons Plant Signed by Judge Lettow.

Post-award Bid Protest; Medicare Prescription Drug Improvement Modernization Act; Override of CICA Stay; Declaratory Judgment Signed by Judge Williams.

Motion to Compel Discovery;
Motion for Sanctions;
Monetary Sanctions; RCFC 45; Third-party Subpoenas Signed by Judge Hodges.

Consolidation of ASBCA and Court of Federal Claims Cases, 41 U.S.C. § 609(d) Signed by Judge Horn.

Post-award bid protest; cross-motions for judgment upon the administrative record; standing; post-award, post-protest decision by Contracting Officer to disqualify the protestor from participating in any resolicitation that might be ordered by the court; organizational conflict of interest; variance between price evaluation actually conducted and that specified in the solicitation Signed by Judge Lettow.

Hazardous Duty Pay; Motion to Dismiss for Lack of Jurisdiction; Motion to Dismiss for Failure to State a Claim; Money-Mandating Source; Whether Exposure to Environmental Tobacco Smoke Entitles Current and Former Employees to Hazardous Duty Pay Under 5 U.S.C. § 5343 or 5 U.S.C. § 5545 Signed by Judge Hewitt.

EAJA, 28 U.S.C. § 2412;
Substantial Justification;
Statutory Cap; Cost of Living Adjustment Signed by Judge Futey.

I.R.C. § 83; Treas. Reg. § 1.83-3(a)(2); Stock Options; Margin Loans Signed by Judge Firestone.

Military pay; motion to dismiss; eligibility for reserve retirement pay pursuant to 10 U.S.C. § § 12731 - 12738 (2000); statute of limitations; equitable tolling; contract claims Signed by Judge Miller, C..

Contracts; Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Source Approval Requirement; Effect of Error in Solicitation; Compliance with Limitations on Subcontracting Requirement; Responsibility Determination; FAR § 9.105-2(b); Supplementation of Administrative Record Signed by Judge Hewitt.

Equitable Subrogation; Suretyship; Miller Act Payment Bond; Jurisdiction; Waiver of Sovereign Immunity; Dicta; Notice of Default; Actual Knowledge; Satisfaction of Claims; Payment in Full; Advisory Opinions Signed by Judge Block.

Military Pay; Disability Retirement Pay; Correction Board Action; Statute of Limitations Signed by Judge Merow.

Post-award bid protest; cross-motions for judgment on the administrative record;
performance-price trade-off respecting contract for solid waste management operations at Vandenberg Air Force Base Signed by Judge Lettow.

DORY ZATUCHNI, Executrix of the Estate of E. BARBARA SNYDER, deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
(94-58V)  

National Vaccine Injury Compensation Program;
Causation in Fact; Burden of Proof; Medical Evidence; Remand

Signed by Judge Wheeler.

Military Pay; Motion to Dismiss; Jurisdiction;
Voluntary Resignation Signed by Judge Horn.

Winstar; State-insured Thrifts; Sufficiency of Consideration; Tax Gross-Up Signed by Judge Bruggink.

Presentation and certification to the contracting officer; jurisdiction of default termination in the absence of monetary damage claim; failure to state a claim;
FAR 14.301 Signed by Judge Damich.

TAYLOR MARIE CAMPBELL a minor, by her parents and natural guardians, LEE and MANDY CAMPBELL, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
 (02-544V)

Vaccine review; Vaccine Rule 3(b) - "full and fair opportunity to present its case"; Vaccine Rule 8(c) - "fundamental fairness"; Failure to conduct evidentiary hearing; Vaccine Rule 8(d); Credibility findings based solely on medical records; Weight given to contemporaneous records in deciding whether to conduct a hearing; Special master's
reliance on Internet articles introduced sua sponte; Althen reliability standard; Website disclaimers; Failure to articulate reasoning; Vaccine rules violated; Arbitrary and capricious action taken; Remand.;

Signed by Judge Allegra.

Motion for Review of Special Master's Decision, National Vaccine Compensation Act,
42 U.S.C. § § 300aa-1 to 300aa-34; Statute of Limitations; Equitable Tolling Signed by Judge Horn.

Winstar damages; Cost of Performance/ Reliance interest; Wounded Bank damages; Expectancy interest; Restitution interest Signed by Judge Smith.