USCFC General Jurisdiction-Reported

Bid protest; timely SBA status protest; specificity of protest letter; duty to investigate all HUBZone certifications; prejudice due to agency errors. Signed by Judge Margolis.

Trial; Takings; Excess Seepage; Gravity Drainage; Levee Erosion; Claim Accrual; Statute of Limitations Signed by Judge Hewitt.

Contract Disputes Act; 41 U.S.C. § 601 et seq.; Type I and Type II Differing Site Conditions; Contract Interpretation; Summary Judgment Signed by Judge Williams.

Pro se; Constitutional Claims; Tort Claims Signed by Judge Horn.

Patent infringement; 28 U.S.C. § 1498; process patent; burden of proof; preponderance of the evidence Signed by Judge Damich.

Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Standard Contract; Partial Breach of Contract; Past Damages; Mitigation; Repudiation; Expert Testimony; Daubert; Fed. R. Evid. 702; Future Damages; Speculation; Full Core Reserve; Reracking Costs; Dry Storage Facility; Decommissioning Costs Signed by Judge Hodges.

Breach of Contract; CFCR 12(b)(6); Contract Disputes Act, 41 U.S.C. § § 601 et seq.; Equitable Estoppel; Motion to Dismiss; Takings Claim Signed by Judge Braden.

National Childhood Vaccine Injury Act; Measles, mumps and rubella (MMR) vaccination; Causation of fatal condition known as hemophagocytic lymphohistio-cystosis (HLH); Knudsen; Improper use of "bare" or "naked" statistics; Unreliable random observations; Findings arbitrary and capricious and contrary to law; Remand for further findings consistent with opinion Signed by Judge Allegra.

Winstar-related case; summary judgment, RCFC 56; liability; counteroffer; unilateral contract; acceptance through conduct; mutuality of intent; consideration; authority to contract; delegation of authority; allocation of risk of regulatory change Signed by Judge Hewitt.

Implied-in-Fact Contract; Motion to Dismiss; Appointment to Federal Employment Signed by Judge Merow.

Motion for reconsideration; equitable relief; balancing of harms; final judgment under RCFC 54(b) Signed by Judge Lettow.

Advisory Opinion; Motion for Reconsideration; Post Award Bid Protest; RCFC 40.2-Related Cases; 28 U.S.C. § 1491(b)(1) and (2) Signed by Judge Braden.

RCFC 56(f) Relief Granted; Discovery is Authorized; Motions For Partial Summary Judgment Are Denied Without Prejudice; 26 U.S.C. § 6226(b); 26 C.F.R. § 1.701-2; Sham Transaction Doctrine; Economic Substance Doctrine; Substance Over Form Doctrine; Step Transaction Doctrine Signed by Judge Williams.

Federal Employees Overtime Pay; Federal Equal Pay Act; Fair Labor Standards Act; Motion to Substitute for Deceased Plaintiffs; Survival of Cause of Action Signed by Judge Bruggink.

Remand to Secretary of the Army; Pre-Enforcement Procedural Review of Reevaluation Process; Signed by Judge Smith.

Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Armed Services Procurement Act, 10 U.S.C. § § 2302, et seq.; Competition in Contracting Act, 31 U.S.C. § § 3551, et seq.; Federal Acquisition Regulations, Part 19, 48 C.F.R. § § 19.000, et seq.; North American Industry Classification System, 13 C.F.R. § § 121.201, 121.402(b); Permanent Injunction; Pre-Award Bid Protest; Small Business Act, 15 U.S.C. § § 631 et seq.; "Substantial Chance" Standing Test; Supplementation of the Administrative Record; Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.

Takings; summary judgment; peanut quotas, 7 U.S.C. § § 1358-1359 (2000); Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-171, 116 Stat. 134 (codified at 7 U.S.C.A. § § 7951-7960 (West Supp. 2003)); property interest Signed by Judge Miller, C..

Winstar-related Case; Prior Material Breach; Restitution Signed by Judge Firestone.

Subject matter jurisdiction; criminal proceeding; motion to dismiss; plea bargain Signed by Judge Damich.

Military pay; correction of records, reinstatement and lost pay claim; 10 U.S.C. § § 807, 809, 815 (2000); U.S. Const. amend. IV; justiciability; scope of review of nonjudicial punishment in the military; unreasonable seizure; when probable cause required; lawful order Signed by Judge Hewitt.