USCFC General Jurisdiction-Reported

Pre-award bid protest;
HUD management and marketing services contract; cascade procedure; small business set aside; responsibility determination Signed by Judge Bruggink.

Bid Protest; 5 U.S.C. § 706; Buy American Act; 28 U.S.C. § 1491(b)(4); American Jobs Creations Act; Contracting Officer's Discretion Signed by Judge Hodges.

Patent infringement; 28 U.S.C. § 1498; doctrine of equivalents; demonstrative exhibit; means-plus-function; feeder system for high speed mail sorter Signed by Judge Damich.

Patent infringement; 28 U.S.C. § 1498; doctrine of equivalents; demonstrative exhibit; means-plus-function; feeder system for high speed mail sorter Signed by Judge Damich.

Post-award bid protest; negotiated procurement; failure to disclose numerical weight of factors; criterion of exceeding solicitation requirements; errors by individual technical evaluators; inconsistent use of evaluator scores; re-scoring proposal; arbitrary evaluation process Signed by Judge Wolski.

Fifth Amendment Taking: A state water right does not confer an attendant right to graze cattle on federal lands as such grazing was historically permitted at the sufferance of the federal government Contracts—Leasehold interests in public lands: A lease to graze cattle issued under the Taylor Grazing Act, 43 U.S.C. § § 315-315r (2000), does not constitute a contract binding the United States Signed by Judge Wiese.

Motions for partial summary judgment; Takings claims under Fifth Amendment;
Contract claims; Interests in water of the Klamath Basin; Private property; Federal reclamation law - Reclamation Act of 1902; Section 8 - appurtenancy and beneficial use clause; California; Water distribution to be determined under state
law; Ickes line of cases; State law - Oregon Act of 1905; Pre-1905 interests;
Post-1905 interests; Interests based on contracts; Third-party beneficiaries; Standing of districts to sue; Interests
based on deeds and certificates Signed by Judge Allegra.

Civil Penalty; Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § § 4821 et seq.; Motion to Reconsider, RCFC 59; Residential Lead-Based Paint Reduction Act of 1992, 42 U.S.C. § § 4851 et seq.; Tolling Statute of Limitations; Toxic Substances Control Act, 15 U.S.C. § § 2601 et seq.;
Tucker Act, 28 U.S.C. § 1491(a); 28 U.S.C. § 2671 et seq. 24 C.F.R. § § 35.92(a), 35.94; 28 C.F.R. § 14.2(a);
FED. R. CIV. P. 12(b)(1);
RCFC 5(a), 5(e), 7 Signed by Judge Braden.

Breach of Implied Contract;
Mutuality of Intent;
Remand; Supervisory Goodwill; Winstar-related case Signed by Judge Braden.

Alternative Minimum [Federal Income] Tax, 26 U.S.C. § § 55-59; Jurisdiction; Pro se;
Summary Judgment, RCFC 56(c); 26 U.S.C. § 6213(a);
28 U.S.C. § 1346(a)(1);
28 U.S.C. § 1491(a)(1) Signed by Judge Braden.

Americans With Disabilities Act, 42 U.S.C. § § 12101 et seq.; Civil Rights, 42 U.S.C. § 1981; Claims Against District of Columbia;
Pro Se; Subject Matter Jurisdiction; Transfer, 28 U.S.C. § 1631; 28 U.S.C. § 1346(b) Signed by Judge Braden.

DIANNE J. MILLER and ROBERT N. MILLER, and LISA M. SHANIKA, For Themselves and as Representatives of a Class of Similarly Situated Persons, v. THE UNITED STATES

 (03-2489L)

Inverse Condemnation; Rails to Trails Act; Fee versus easement

Signed by Judge Bruggink.

Pro se; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1491(a)(1) (2000); Unjust Conviction and Imprisonment Claim; 28 U.S.C. § § 1495, 2513 (2000) Signed by Judge Bush.

Bureau of Justice Assistance; Motion for Judgment on the Administrative Record, RCFC 56.1;
Public Safety Officers' Benefits Act, 42 U.S.C. § § 3796, et seq.; Ripeness;
Standing; Statute of Limitations Signed by Judge Braden.

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.;
Standing; Statute of Limitations, 28 U.S.C. § 2501; "Student," 5 U.S.C. § 8101(17) Signed by Judge Braden.

Implied Covenant of Good Faith and Fair Dealing; Motion for Judgment on the Administrative Record, RCFC 56.1; Post-Award Bid Protest; RESTATEMENT (SECOND) OF CONTRACTS § 205 Signed by Judge Braden.

Vaccine Act; Non-Table Injury; Causation-in-fact; Not in Accordance with Law Signed by Judge Hewitt.

Pleading and practice; Equal Access to Justice Act, 28 U.S.C. § 2412 (2000);
eligibility requirements, 28 U.S.C. § 2412(d)(2)(B)(ii); prevailing party, 28 U.S.C. § § 2412(d)(1)(A), 2412(d)(2)(B)(ii) Signed by Judge Miller, C..

FED. R. EVID. 1006; Untimely Disclosure of Trial Exhibits; Untimely Identification of Documents Underlying Summary Chart; RCFC, Appendix A, ¶ 13 Signed by Judge Williams.

Remand; Constitutional taking; Physical invasion by sand; Damages based on cost of cure Signed by Judge Bruggink.