USCFC General Jurisdiction-Reported

Sale on behalf of the Customs Service of a seized vehicle containing hidden drugs; alleged breach of contract; motion to dismiss; subject matter jurisdiction; standing; privity of contract; third party beneficiary; implied warranty; covenant of good faith and fair dealing Signed by Judge Lettow.

Spent Nuclear Fuel (SNF); Nuclear Waste Policy Act; Standard Contract; Contract Liability; Rate of Acceptance; Pre-Breach Mitigation Damages; Unavoidable Delay Signed by Judge Damich.

Indian Tucker Act; 28 U.S.C. §1505 (2000); Whether Interest Accrues on Judgment Funds; 25 U.S.C. § § 161a, 162a, 162a(a); Creation of Trust Funds in the Treasury by Permanent Appropriation Repeal Act of 1934, ch. 756, 48 Stat. 1224 (codified as amended at 31 U.S.C. § 1321 (2000); Statute of Limitations Applicable to Claims for Losses to or Mismanagement of Trust Funds; Consolidated Appropriations Act of 2005, Pub. L. No. 108-447, 118 Stat. 2809; Motion for Class Certification; Determination that Plaintiffs Are an "identifiable group of American Indians" Entitled to Bring Suit under 28 U.S.C. § 1505; RCFC 1, RCFC 15, RCFC 23, RCFC 83(b) Signed by Judge Hewitt.

Motion to Compel the Production of Documents and Testimony Withheld as Privileged; Attorney-Client Privilege; Whether Description in Privilege Log is Sufficient to Invoke Attorney-Client Privilege; Work Product Doctrine; Whether Documents Prepared for Regulatory Proceedings were Prepared In Anticipation of Litigation;
Whether the Work Product Doctrine Applies to Certain Responses to Deposition Questions Signed by Judge Hewitt.

Substitution of Party; Death of Petitioner; RCFC 25(a)(1) Signed by Judge Wheeler.

Pre-award Bid Protest; Jurisdiction; Justiciability;
Standing; Administrative Procedure Act; 5 U.S.C. § 555(b);Small Business Administration Office of Hearings and Appeals; North America Industry Classification System (NAICS) Codes; Preliminary Injunction Signed by Judge Williams.

Contract Disputes Act, 41 U.S.C. § 601 et seq.; Motion In Limine; FED. R. EVID. 1006 Signed by Judge Williams.

Takings; Motion for Partial Summary Judgment; Erosion of Shoreline Property; Blocking by the Government of Littoral Drift of Sand; Whether the Government May Be Liable for Any Erosion Caused by Plaintiffs' Efforts to Mitigate Damages by Placing Shore Protection Structures on Their Properties; Section 10 of the River and Harbor Act of 1899 Signed by Judge Hewitt.

Post-award bid protest; Simplified Acquisition Procedures; FAR § 13.106-3; Responsibility Determination Signed by Judge Firestone.

Back Pay Act, Civil Service Reform Act, motion to dismiss, pro se plaintiff, subject matter jurisdiction, transfer, motion for reconsideration Signed by Judge Wheeler.

Post-award bid protest; motion for a preliminary injunction; Javits-Wagner-O'Day Act, 41 U.S.C. § § 46-48c; insufficient showing of likelihood of success Signed by Judge Wolski.

Contracts; post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); remand; fact-finding re: scoring on past-performance evaluations; challenge to Contractor Evaluation Forms; 48 C.F.R. (FAR) § § 15.306, 15.308, 42.1503, 2842.1503 (2003);
jurisdiction to challenge terms of solicitation Signed by Judge Miller, C..

Settlement Agreement Under Title VII of the Civil Rights Act of 1964; Jurisdiction; Money Mandating Signed by Judge Firestone.

Amicus Curiae;
RCFC Rule 83.1(c)(8) Signed by Judge Williams.

Motions to dismiss; subject matter jurisdiction; suretyship; performance and payment bonds under the Miller Act; renovation and repairs of a U.S. Coast Guard light tower; equitable subrogation; sovereign immunity; necessity of notice to the government to stop payment to the contractor Signed by Judge Lettow.

Military Pay; Cross-Motions for Judgment upon the Administrative Record;
Involuntary Discharge from the Military; Improperly Constituted Board of Inquiry;
Board for Correction of Naval Records; Harmless Error versus Fundamental Error Signed by Judge Horn.

EUGENE A. FISHER, Trustee, SEYMOUR P. NAGAN IRREVOCABLE TRUST, for itself and, as Representative of all similarly situated taxpayers, v. THE UNITED STATES
(04-1726T)

Class certification, tax refund, conversion of mutual life insurance company to stock company, demutualization, numerosity, impracticability of joinder, adequacy of representation, predominance of common questions of fact or law, superiority of class action, opportunity to present additional facts under Rule 23(c)(1)(C), renewed motion for class certification

Signed by Judge Miller, G..

Motion for reconsideration of order denying class certification, class action, Rule 23(a), numerosity, impracticability of joinder, Rule 23(b)(2), predominance of common questions of law or fact, superiority of class action, 28 U.S.C. § 1292(d)(2), certification of order for interlocutory appeal to the Federal Circuit, interlocutory appeal of order denying class certification, relevance of Fed. R. Civ. P. 23(f) to § 1292(d)(2) certification Signed by Judge Miller, G..

Motion to Dismiss, Lack of Subject Matter Jurisdiction, RCFC 12(h)(3); Tucker Act Jurisdiction; Fifth Amendment Due Process Claim; Military Review Board Unfettered Discretion; Arbitrary, Capricious, Contrary to Law, or Unsupported by Substantial Evidence; Res Judicata; Disability and Severance Pay, 10 U.S.C. § § 1201-21 (2000); Military Pay Act, 37 U.S.C. § 204 (2000); Petition for Writ of Mandamus Signed by Judge Smith.

National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.; Causation in Fact; Burden of Proof; Prima Facie Case; Medical Evidence; Remand Signed by Judge Williams.