USCFC General Jurisdiction-Reported

Motion to Clarify Decision [of September 27, 2005 Opinion and Order]: Whether an Individual Representative FLSA Plaintiff is Entitled to an Award of Reasonable Compensation When His Individual Claim Involves Less Time Than the
Reasonable Time on Which the Award of Reasonable Compensation is Based Signed by Judge Hewitt.

Pre-award bid protest; motion for judgment upon the administrative record; U. S. Postal Service's solicitation of offers for inter-island carriage of mail in Hawaii;
equitable relief Signed by Judge Lettow.

Post-Award Bid Protest; Injunctive Relief;   Prejudicial Error in the Procurement Process; Administrative Dispute Resolution Act of 1996; Standing; "Interested Party"; "Zone of Active Consideration"; Small Business Set-Aside
Contract; 15 U.S.C. § 644(o); 13 C.F.R. § 125.6(a);   Limitations on Subcontracting Clause; FAR § 52.219-14; AO Timeliness Rule; 4 C.F.R. § 21.2(a)(1) Signed by Judge Hodges.

Post-Award bid protest;
28 U.S.C. §1491(b)(1);
Jurisdiction to reviewtask order awards;
Alternate proposals Signed by Judge Bruggink.

Post-award Bid Protest;
FAR 15.208; FAR 15.206(e);
Late Proposal; Amendment of Solicitation; Cancellation of Solicitation; Permanent Injunction Signed by Judge Williams.

NICHOLAS BERNHARDT, by his father and next best friend, JOHN BERNHARDT, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (05-592V)

Vaccine Act: A challenge to a non-custodial parent's right to sue on behalf of a minor child implicates this court's
jurisdiction under the Vaccine Act and, as such, presents an issue that must be decided before proceedings are permitted to continue. The court's jurisdiction under the Vaccine Act is not confined to review of a special master's decision but rather extends to all determinations of a special master for which relief may be sought under Rule 60(b). Where a petitioner's purpose in filing a voluntary dismissal is frustrated by a retroactive change in procedure, the
court has authority under Rule 60(b)(6) to vacate the dismissal and reinstate the petition.

Signed by Judge Wiese.

Post-award bid protest; Arbitrary and Capricious, Motion to Reconsider RCFC 59 Signed by Judge Smith.

Breach of Contract;
Default Termination;
Equitable Adjustment;
Jurisdiction; Partial Summary Judgment;
RCFC 56(c); RCFC 15(d);
Supplemental Pleadings Signed by Judge Braden.

Deselection bid protest; multiple-award contracts with the Government Printing Office for development of electronic passport covers, preparation and testing of prototypical covers, and production of such covers; motion to dismiss; 28 U.S.C. § 1491(b)(1); bid-protest jurisdiction where multiple contracts are used to conduct a procurement competition; motion for discovery to supplement the administrative record of the procurement Signed by Judge Lettow.

Tax Refund Suit; Statute of Limitations, 26 U.S.C. § 6511; Equitable Tolling Signed by Judge Hodges.

Implied-In-Fact Contract;
Authority to Bind Government; Mutual Intent; Christian Doctrine Signed by Judge Smith.

Action by Surety; Equitable Subrogation; Illegal Contract; Void ab initio Signed by Judge Firestone.

Trial; Fair Labor Standards Act, 29 U.S.C. § § 201-219 (2000); Claims for Activities Performed Off Duty; Reasonableness of Time Claimed; Applicable Statute of Limitations Signed by Judge Hewitt.

Motion to Dismiss, RCFC 12(b)(1); Motion for Summary Judgment, RCFC 56; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2000); Sum Certain, FAR 52.233-1; New Claim; Certified Claim; Lease Agreement; Holdover Tenancy; Application of Federal Law; Interest Signed by Judge Bush.

Subject matter jurisdiction, breach of contract, stipulated order settling Federal Trade Commission enforcement action, sovereign capacity, proprietary capacity, Kania, Sanders Signed by Judge Miller, G..

Motion for extension of time to file motion for reconsideration; RCFC 59(b); Timing of motion for reconsideration where no judgment filed; RCFC 59(a)(1) Signed by Judge Allegra.

Motion to Dismiss Claim For Refund of Tax; Informal Claim Doctrine Signed by Judge Bruggink.

Tax Refund; Motion to Dismiss;   26 U.S.C. § 7482 Signed by Judge Horn.

RCFC 19; Indispensable Party; Tribal Sovereign Immunity Signed by Judge Firestone.

Trial of Winstar-related case;
liability for breach of contract; contract interpretation; expectancy damages; mitigation; cost of replacement of goodwill;
incidental losses Signed by Judge Lettow.