USCFC General Jurisdiction-Reported

FmHA housing loan program, section 515 of the Housing Act of 1949, Emergency Low Income Housing Preservation Act of 1987 (ELIHPA), RCFC 12(b)(1), privity of contract, joint tenant, right of survivorship, assumption of mortgage, RCFC 17(a), real party in interest, Fifth Amendment, taking, RCFC 12(b)(6), Penn Central analysis, regulatory taking Signed by Judge Miller, G..

Contracts; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); Administrative Disputes Resolution Act of 1996, 28 U.S.C. § 1491(b)(1) (2000); motion to dismiss; jurisdiction to hear contract claims versus well-pleaded contract; authority of government representative to bind Government; standing; interested party Signed by Judge Miller, C..

Contracts; Contract Disputes Act of 1978, 41 U.S.C. § § 601-13 (1994 & Supp. V 1999); summary judgment;
reimbursable expenses; deferred compensation Signed by Judge Miller, C..

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.

Administrative Discharge Board; Administrative Procedure Act, 5 U.S.C. § 706; Board for Corrections of Naval Records; Burden of Proof; Department of Defense Directive 1332.14;
Jurisdiction; Justiciability;
Military Pay Act, 37 U.S.C. § 204(a)(1); Military Personnel Manual 1900-144;
Remand; Secretary of Navy Instruction 1910.4B; 10 U.S.C. § 1169(1); RCFC 56.1 Signed by Judge Braden.

TODD NILSON,   Parent and Legal Guardian of JOSEPH EDWARD NILSON, Deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (98-797V)

Vaccine Case; Table Injury;
42 U.S.C. § § 300aa-10 to-34; Encephalopathy; Burden of Proof; Factors Unrelated;
Standard of Review;
Credibility Determination

Signed by Judge Hodges.

Waiver of FLSA rights; Waivers must be explicit, clear and unmistakable; Under appropriate circumstances, private sector employment cases may be used as persuasive authority in the federal sector employment context Signed by Judge Damich.

Subject-Matter Jurisdiction; Government Overpayment of Living Quarters Allowance; Waiver of Debt; Exaction;
Fifth Amendment Taking Signed by Judge Williams.

Summary judgment; implied contract arising out of government loan guarantee;
lack of jurisdiction over claims of detrimental reliance and promissory estoppel; dismissal for lack of jurisdiction Signed by Judge Merow.

MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., v. THE UNITED STATES

 (No. 99-279C (Consolidated With Nos. 99-529C, 99-530C, 00-531C, 03-1537C)

Contract Disputes Act,
41 U.S.C. § 609(d);
Discovery; Jurisdiction;
Motion to Transfer and Consolidate; RCFC 26(c);
Stay

Signed by Judge Braden.

Motion for summary judgment military pay; service secretary; correspondence courses; Air National Guard; Army National Guard; 37 U.S.C. § 206; 32 U.S.C. § 502(f); 10 U.S.C. § 10107; statutory interpretation; equivalent training Signed by Judge Damich.

Breach of standard contract for disposal of spent nuclear fuel; damages; mitigation; Restatement (Second) of Contracts § 350; scope of relief available for sequential partial breaches Signed by Judge Lettow.

Accrual of Interest; Bureau of Justice Assistance; Motion for Judgment on the Administrative Record, RCFC 56.1; "Public Safety Officer," 42 U.S.C. § 3796b(8)(A); Public Safety Officers' Benefits Act, 42 U.S.C. § § 3796, et seq.; Remand;
Standing; Statute of Limitations, 28 U.S.C. § 2501; "Student," 5 U.S.C. § 8101(17) Signed by Judge Braden.

Consolidation;
RCFC 42(a) Signed by Judge Braden.

Consolidation;
RCFC 42(a) Signed by Judge Braden.

Contract Disputes Act,
41 U.S.C. § § 601, et seq.;
Contract Modification;
Motion for Summary Judgment, RCFC 56(c);
Small Business Act, 15 U.S.C. § § 631-651 Signed by Judge Braden.

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES  

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Standing; Real party in interest; Substitution under RCFC 17(a)

Signed by Judge Damich.

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Substitution under RCFC 25(a) and 17(b); Timeliness;
Formal suggestion of death; In order for distributees to act as substitutes estate must be fully distributed;
Personal representative may act as substitute under Wyoming law

Signed by Judge Damich.

Consolidation;
RCFC 42(a) Signed by Judge Braden.

Trial; Alleged infringement of patent by NASA in developing super lightweight external tank for Space Shuttle; Claim construction; Phillips; "predetermined underaged strength level"; "less than 300o F"; Validity of patent; Anticipation; Obviousness; Graham factors; Terminal Disclaimer; Infringement; Addition of silver; Temperature; External tank infringes Boeing patent; No license Signed by Judge Allegra.