USCFC General Jurisdiction-Reported

Motion to dismiss; statute of limitations; subject matter jurisdiction; taking; Fifth Amendment of the United States Constitution; Tucker Act, 28 U.S.C. § 1491; flowage easement; inverse condemnation; 28 U.S.C. § 2501 Signed by Judge Damich.

Pre-award bid protest; Defense Production Act; Competition in Contracting Act; domestic source restriction; rated orders; critical components; price evaluation; price-related factors Signed by Judge Wolski.

Takings; motion to dismiss; statute of limitations; regulatory requirement for notice Signed by Judge Miller, C..

Pleading and practice; violation of protective order; contempt proceeding; 28 U.S.C. § 2521(b)(3) (2000) Signed by Judge Miller, C..

Fifth Amendment Taking; Railroad Easement; Reversionary Interest; General Railroad Right of Way Act of 1875, 43 U.S.C. § 934 et seq.; Abandoned Railroad Right of Way Act of 1922, 43 U.S.C. § 912; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); National Trails System Improvements Act of 1988, 16 U.S.C. § 1248(c) Signed by Judge Horn.

Motion for Summary Judgment RCFC 56; Fifth Amendment Takings Claim; Section 10 Permit under the Rivers and Harbors Appropriation Act, 33 U.S.C. §403; Validity of Easement; Applicability of Release Clause; Equitable Estoppel; Contract of Adhesion Signed by Judge Bush.

Tax refund suit; Lack of jurisdiction; Claim for refund requirement - 26 U.S.C. §7422(a); Exhaustion rule -- 26 U.S.C. §6532(a)(1); Properly executed return as refund claim - 26 C.F.R. § 301.6402-3(a)(5) (2004); Plaintiff's Form 1040, which did not provide proper information, not a return and thus not a claim for refund; Case dismissed for lack of jurisdiction Signed by Judge Allegra.

Post-award bid protest; Cross-motions for judgment on the administrative record;
Dredging contract; 33 U.S.C. § 624 (2000) - 25 percent rule; HUBZone Small Business program - 10 percent evaluation preference; Agency discretion to review and revise initial government estimate;
Bean Dredging Corp - disagreed with, in part; Agency did not act in arbitrary and capricious fashion in reviewing and then revising its estimate to reflect higher diesel prices; Relief denied Signed by Judge Allegra.

Spent nuclear fuel case; standing; motion for summary judgment; RCFC 56; partial breach of contract; Nuclear Waste Policy Act of 1982; exception to rules of merger and bar for damages from partial breach; Restatement (Second) Judgments § 26 Signed by Judge Lettow.

Federal Aviation Administration employment authority; appointed and contractual government employees;
authority of government representatives to contract; 49 U.S.C. § 106; "housekeeping statute" Signed by Judge Wolski.

ELIZABETH O. SCHNEIDER, as natural mother and guardian of her son, JOHN R. SCHNEIDER, Petitioner,   v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES  

(99-0160V)  

Vaccine Act: The special master's decision denying compensation is upheld where: (i) the evidence failed to support petitioner's assertions that she was directed to proceed to a hearing without the benefit of counsel and with a hostile witness; (ii) the special master properly rejected a discovery request that required the initiation of a scientific study to examine the relationship between alleged neurological injuries and a protease inhibitor used in the manufacture of the Hepatitis B vaccine;
and (iii) the record offered no evidence to support petitioner's claim of vaccine-caused anaphylactic shock

Signed by Judge Wiese.

Jurisdiction, 28 U.S.C. § 1500, Motion to Dismiss Signed by Judge Smith.

Federal Employees Overtime Pay; Motion to Dismiss Bankrupt Plaintiff;
Motion to Substitute Bankruptcy Trustee as Real Party in Interest;
RCFC 17(a); Judicial Estoppel Signed by Judge Bruggink.

Signed by Judge Baskir.

Winstar-related case; Trial on Lost Profits; Foreseeability; Causation;
Reasonable Certainty Signed by Judge Firestone.

Contracts; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2000); patent ambiguity; critical path delay; liquidated damages Signed by Judge Miller, C..

Spent nuclear fuel case; standing; motion for summary judgment; RCFC 56; Nuclear Waste Policy Act of 1982; exception to rules of merger and bar for damages from partial breach; Restatement (Second) Judgments § 26 Signed by Judge Lettow.

Post-award bid protest; SBA HUBZone Small Business concern; requirements for HUBZone status; principal office determination Signed by Judge Margolis.

Civilian Pay; FLSA and FEPA Overtime Pay;
Tolling of FLSA' s Limitations Period ;
FEPA's "Ordered and Approved in Writing" Requirement; FLSA's Executive Exemption Signed by Judge Bruggink.

Takings and contract case involving waters of the Klamath Basin; Motion to intervene, as of right, under RCFC 24(a)(2); 1966 amendments to Fed. R. Civ. P. 24(a); Practical impairment; Impact of stare decisis in impairing or impeding putative intervenor's interests; Types of "interests" covered by RCFC 24(a); Commercial fishing interests; American Maritime - proper interpretation; Rejection of artificial barriers to intervention as devoid of substance; Adequate representation;
Intervention of PCFFA allowed Signed by Judge Allegra.