USCFC General Jurisdiction-Reported

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

05-585T • GEORGE C. GEORGEFF and DENISE S. GEORGEFF, v. THE UNITED STATES

Filed 08/29/2005
Tax Refund; Motion to Dismiss; 26 U.S.C. § 6511; Statute of Limitations Signed by Judge Horn.

94-1C, etc., • CIENEGA GARDENS, et al., v. THE UNITED STATES

Filed 08/29/2005
Trial of temporary takings claims after remand; National Housing Act; Emergency Low Income Housing Preservation Act; Low-Income Housing Preservation and Resident Homeownership Act; Housing Opportunity Program Extension Act; ripeness; accord and satisfaction; Assignment of Claims Act; temporary taking; just compensation Signed by Judge Lettow.

93-601C • DISTRICT OF COLUMBIA, v. THE UNITED STATES

Filed 08/26/2005
Motion for Summary Judgment; RCFC 56; Subject Matter Jurisdiction; Tucker Act, 28 U.S.C. § 1491 (2000); Money-Mandating Statute; Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, 24 U.S.C. § § 225-225h (2000); Bowen v. Massachusetts, 487 U.S. 879 (1988) Signed by Judge Bush.

92-828C • HANSEN BANCORP, INC., ET AL., v. THE UNITED STATES

Filed 08/24/2005
Contracts; breach of contract; Winstar case; goodwill; amortization of covered-asset assistance; restitution; material breach of contract; judicial estoppel; SM-1 forbearance Signed by Judge Miller, C..

04-0033C • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., v. THE UNITED STATES

Filed 08/24/2005
Spent nuclear fuel cases; subject matter jurisdiction; motion to dismiss; Nuclear Waste Policy Act of 1982;
damages for alleged partial breach of contract; Restatement (Second) Contracts § 348(2)(a); takings Signed by Judge Lettow.

98-553L • JAMES SARTORI, DAVID SARTORI, WILLOWBROOK COAL COMPANY, AND WILLOWBROOK FARMS, v. THE UNITED STATES - ERRATA -

Filed 08/22/2005
Categorical and regulatory taking; U.S. Const. amend. V; Clean Water Act, 33 U.S.C. § § 1251, 1311, 1344, 1362 (2000); ripeness; "parcel as a whole;" temporary categorical taking; temporary regulatory taking Signed by Judge Miller, C..

94-785C • NEW VALLEY CORP., v. THE UNITED STATES

Filed 08/19/2005

Contracts: satellite launch services; anticipatory repudiation; right to damages. The rule recognizing the discharge of an obligation to pay damages for a total breach by repudiation where "it appears after the breach that there would have been a total failure by the injured party to perform his return promise" (Restatement (Second) of Contracts § 254(1)) is an application of the basic principle requiring the injured party to demonstrate that the breach caused the injury.

Damages: The excess of market price over contract price does not represent the exclusive measure of damages
suffered where the value of the breached contract can be determined by comparison of a hypothetical sale in the no-breach world with an actual replacement transaction in the real world.

Signed by Judge Wiese.

00-136L • LINDA VAIZBURD and ARKADY VAIZBURD, v. THE UNITED STATES

Filed 08/18/2005
Remand; Constitutional taking; Physical invasion by sand; Damages based on cost of cure Signed by Judge Bruggink.

98-553L • JAMES SARTORI, DAVID SARTORI, WILLOWBROOK COAL COMPANY, AND WILLOWBROOK FARMS, v. THE UNITED STATES

Filed 08/18/2005
Categorical and regulatory taking; U.S. Const. amend. V; Clean Water Act, 33 U.S.C. § § 1251, 1311, 1344, 1362 (2000); ripeness; "parcel as a whole;" temporary categorical taking; temporary regulatory taking Signed by Judge Miller, C..

04-1255C • LUMBERMENS MUTUAL CASUALTY, v. THE UNITED STATES

Filed 08/17/2005
Miller Act Surety Case; Motion to Dismiss;
Equitable Subrogation; Notice of Default;
Impairment of Suretyship;
48 C.F.R. § § 52.232-5, 52.236.15; Modification of Bonded Contract; Alleged Mismanagement of Bonded Contract Signed by Judge Hodges.

95-532C • BLUEBONNET SAVINGS BANK FSB, STONE CAPITAL, INC. and JAMES M. FAIL, v. THE UNITED STATES

Filed 08/16/2005
Winstar-related case; Damages; Expectancy;
Expert Testimony; Burden of Proof; "But-for" costs;
Reasonable Certainty;
Jury Verdict Damages Signed by Judge Futey.

4-1135C • S. K. J. & ASSOCIATES, INC., v. THE UNITED STATES

Filed 08/11/2005
Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Claim for Bid Protest Costs and Bid Preparation and Proposal Costs; 28 U.S.C. § 1491(b)(2) (2000); Mootness Doctrine Signed by Judge Bush.

03-1245C • HOWARD V. GARY, ET AL., v. THE UNITED STATES

Filed 08/10/2005
Subject matter jurisdiction; informer contract; sovereign capacity; actual authority to enter into contract binding on Government; implied authority; individual ratification; institutional ratification; accrual of taking claim Signed by Judge Miller, G..

03-87V • CLAUDIA RODRIGUEZ as legal representative of MARIO ARTURO RODRIGUEZ, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICE

Filed 08/08/2005

CLAUDIA RODRIGUEZ as legal representative of   MARIO ARTURO RODRIGUEZ, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

 (03-87V)

Vaccine Act; Burden of Proof Standard; MMR Vaccination; Transverse Myelitis

Signed by Judge Merow.

05-736C • AEROPLATE CORPORATION v. THE UNITED STATES

Filed 08/05/2005

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); reasonableness of contracting officer's   nonresponsiveness determination based
on post-bid opening communications

(1) from surety that contractor not authorized to submit bid bond and

(2) from contractor that would not have a payment or performance bond; effect of contracting officer's non-responsibility
determination in absence of reference to the Small Business Administration

Signed by Judge Miller, C..

05-750C • CHAPMAN LAW FIRM CO., v. THE UNITED STATES

Filed 08/05/2005
Denial of Preliminary Injunction; Best Interests Determination, 48 C.F.R.
33.104(c)(2) (2000); Judicial Review of Agency Override of Automatic Stay Signed by Judge Firestone.

04-473C • M. G. CONSTRUCTION, INC., v. THE UNITED STATES

Filed 08/04/2005
Summary Judgment; Contract Interpretation; Ambiguity; Duty to Inquire Signed by Judge Horn.

04-750C • STEPHEN CARROLL, ET. AL, v. THE UNITED STATES

Filed 07/29/2005
Tucker Act; Back Pay Act; "Money-mandating" statute; Dismissal for lack of jurisdiction; "NAFI" doctrine Signed by Judge Bruggink.

01-495C • KENT CHRISTOFFERSON, ET. AL, v. THE UNITED STATES

Filed 07/29/2005
Civilian Pay; Overtime Pay; Fair Labor Standards Act; Executive Exemption Signed by Judge Bruggink.

00-776T • ANDREW M. D'AVANZO, and LINDA J. D'AVANZO, v. THE UNITED STATES

Filed 07/29/2005
Tax refund suit; passive activity losses; real estate professional; material participation; 26 U.S.C. § 469(c); substantiation; Treas. Reg. § 1.274-5T; Form 1040, Schedules A and E; miscellaneous deductions Signed by Judge Miller, G..

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