USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago

95-518C • FIRST FEDERAL LINCOLN BANK, v. THE UNITED STATES

Filed 11/15/2005
Winstar-related case; summary judgment; damages; causation; lost profits claim; cost of replacement capital Signed by Judge Margolis.

02-478C • HELIX ELECTRIC, INC., v. THE UNITED STATES

Filed 11/10/2005
Summary Judgment; Contract Interpretation; Patent Ambiguity; Duty to Inquire; Cable Competition Act; 47 U.S.C. § 3541; Implied Duty to Cooperate; Implied Duty Not to Hinder Performance Signed by Judge Williams.

03-2869C • SOUTHERN CALIFORNIA EDISON, v. THE UNITED STATES

Filed 11/10/2005
Motion to dismiss; Subject matter jurisdiction; Bonneville Power Administration; Northwest Power Planning Act, 16 U.S.C. § § 839-839h; Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act, 41 U.S.C. § § 605, 609 Signed by Judge Lettow.

99-699C • TEMPLE-INLAND INC. and Subsidiaries, v. THE UNITED STATES

Filed 11/08/2005
Guarini Legislation; Causation; Duty to Mitigate Signed by Judge Bruggink.

04-336T • AD GLOBAL FUND, LLC, by and through NORTH HILLS HOLDING, INC., a Partner Other Than the Tax Matters Partner, v. THE UNITED STATE

Filed 11/08/2005

 AD GLOBAL FUND, LLC, by and through NORTH HILLS HOLDING, INC., a Partner Other Than the Tax Matters Partner, v. THE UNITED STATES

(04-336T)  

Pleading and practice; motion to certify for interlocutory appeal under 28 U.S.C. § 1291(d)(2) (2000); Tax Equity and Fiscal Responsibility Act of 1982, 26 U.S.C. § § 6221-6234 (2000); 26 U.S.C. § § 6501(a), 6229(a) (2000); prescribed period within which adjustment to partnership tax return must be issued; canons of construction for statutory interpretation applicable to tax statutes; plain meaning; legislative history; presumptions relating to tax legislation

Signed by Judge Miller, C..

03-1214C • NIGHT VISION CORP., v. THE UNITED STATES

Filed 11/08/2005
Summary Judgment; Motion to Dismiss; Small Business Innovative Research ("SBIR") Program; SBIR Data Rights; Implied Contract; Bid Protest Signed by Judge Block.

03-1653C • LOREN STEPHEN LOOMIS, v. THE UNITED STATES

Filed 11/07/2005
Military Discharge; "Don't Ask Don't Tell" Policy; Retirement in Lieu of Separation Signed by Judge Bruggink.

04-1388L • GREENLEE COUNTY, ARIZONA, v. THE UNITED STATES

Filed 11/03/2005
Money-Mandating Statute;
RCFC 12(b)(1), 12(b)(6), 56;
Payment in Lieu of Taxes Act; 31 U.S.C. § § 6901-6907; Political Question; Baker v. Carr; Justiciability; Implied-in-Fact Contract; Summary Judgment;
Subject Matter Jurisdiction Signed by Judge Hodges.

04-1335C • JOSEPH BARNES, KAYLENE HOLUB, SOCORRO YOSUICO, v. THE UNITED STATES

Filed 11/03/2005
Motion to certify class under RCFC 23; Civilian pay case involving claims for premium pay; Proper role of Quinault
factors in construing RCFC 23; Proposed class analyzed in terms of the RCFC 23 requirements of numerosity, commonality, typicality, adequacy, and superiority; Class certified Signed by Judge Allegra.

92-820C • WESTFED HOLDINGS, INC., v. THE UNITED STATES

Filed 11/01/2005
Motion for Entry of Revised Judgment; Whether Entry of Judgment After Issuance of Mandate is "Premature" While the Government Considers Whether to Seek Certiorari Signed by Judge Hewitt.

05-410C • MARIO R. LOPEZ-VELAZQUEZ, v. THE UNITED STATES

Filed 11/01/2005
Motion to remand to AFBCMR pursuant to RCFC 56.2 and 28 U.S.C. § 1491(a)(2) Signed by Judge Damich.

04-1719C • AAB JOINT VENTURE, v. THE UNITED STATES

Filed 11/01/2005
Contract Disputes Act; failure to certify claim to contracting officer Signed by Judge Damich.

04-1719C • AAB JOINT VENTURE, v. THE UNITED STATES

Filed 11/01/2005
Signed by Judge Damich.

95-498C • AMERICAN FEDERAL BANK, FSB,v.THE UNITED STATES

Filed 10/31/2005
Winstar-related case; cross-motions for summary judgment on damages; expectancy damages; cost of replacement capital; lost profits; reliance damages; incidental losses; tax gross-up Signed by Judge Lettow.

04-155L • ROY WALKER and SHELLIE WALKER,v. THE UNITED STATES

Filed 10/31/2005
Access Rights;
Certification of Question of State Law; Doctrine of Appropriation of Water Rights; Forage Rights;
Motion to Dismiss, RCFC 12(b)(6); Motion for Reconsideration, RCFC 59;
N.M. Const. art. XVI, § 2;
Statute of Limitations Signed by Judge Braden.

05-983T • POLET TCHAKARSKI, v. THE UNITED STATES

Filed 10/31/2005
Declaratory Judgment Act,
28 U.S.C. § § 2201, et seq.;
Equitable relief;
Freedom of Information Act,
5 U.S.C. § § 552, et seq.;
Jurisdiction; Pro Se,
Stock Options;
Federal Question Jurisdiction, 28 U.S.C. § 1331(a); Tucker Act, 28 U.S.C. § 1491; Civil Rights Act, 42 U.S.C. § § 1983, et seq.; RCFC 24(a), (c) Signed by Judge Braden.

05-517C • GEORGE W. HALL, v. THE UNITED STATES

Filed 10/31/2005
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Breach of Settlement;
Equal Credit Opportunity Act, 15 U.S.C. § § 1691, et seq.; Jurisdiction; Pro Se;
Tucker Act, 28 U.S.C. § 1491(a)(1); 28 U.S.C. § 1331; 28 U.S.C. § 1367;
RCFC 12(b)(1) Signed by Judge Braden.

04-440C • MAURICE L. BIANCHI, fdba M. BIANCHI of CALIFORNIA, v. THE UNITED STATES

Filed 10/31/2005
Motion to Dismiss; Subject Matter Jurisdiction; Election of Forum; Statute of Limitations; 28 U.S.C. § 1494; 23 U.S.C. § 1500; Tolling; Summary Judgment; Res Judicata Signed by Judge Horn.

03-2644C & 04-297C • AXION CORPORATION, v. THE UNITED STATES

Filed 10/31/2005
Termination for Default; Accord and Satisfaction; Release; Unilateral Mistake; Consideration; Statute of Limitations under 41 U.S.C. § 650(a); Laches Signed by Judge Firestone.

98-778C • ROYAL MANOR, LTD.,a TEXAS LIMITED PARTNERSHIP, v. THE UNITED STATES

Filed 10/31/2005
Regulatory Takings; Statue of Limitations; Ripeness Signed by Judge Firestone.

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