USCFC General Jurisdiction-Reported

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

99-690C • NATIONAL AUSTRALIA BANK v. THE UNITED STATES

Filed 03/25/2003
Contracts;
Winstar; Tax Benefit cases; Suits by foreign corporations under § 2502 Signed by Judge Bruggink.

95-660C, 95-797C • BANK OF AMERICA, FSB, ET AL., v. THE UNITED STATES

Filed 03/21/2003
Winstar: Contracts - (i) a Bank Board resolution approving a holding company's acquisition of a thrift institution and granting the institution special regulatory capital accounting privileges constitutes a contract between the Bank Board and the holding company where both the language of the resolution and the parties' preceding negotiations plainly evidence a bargained-for promissory exchange; (ii) the contract, being intended for the direct benefit of the thrift institution, is also enforceable by the institution as a third-party beneficiary; and (iii) principals of the holding company who agree to serve as guarantors of the holding company's promise to maintain the thrift institution's regulatory capital levels are not parties to the contract between the Bank Board and the holding company because they lack any direct and immediate stake in the contemplated performance and are not identified as contract parties Signed by Judge Wiese.

01-541C • DICK TRACY v. THE UNITED STATES

Filed 03/21/2003
Contracts;
 informant compensation;
implied actual authority Signed by Judge Margolis.

00-595C • DATA MARKETING CO. of VIRGINIA, and STANDARD DEVELOPMENT ASSOCIATION, INC. v. THE UNITED STATES

Filed 03/21/2003
Joint Venture Agreement; Privity; Third Party Beneficiary; Consequential Damages Signed by Judge Firestone.

92-710C • ROSE ACRE FARMS, INC., v. THE UNITED STATES

Filed 03/20/2003
Takings; Penn. Central test; Temporary regulatory taking; Categorical taking; 21 U.S.C. § 134a (1999); Just compensation; Consequential damages not recoverable; Interest; Attorney
Signed by Judge Futey.

99-119C • AMERICAN PELAGIC FISHING COMPANY, L.P. v. THE UNITED STATES

Filed 03/18/2003
Fifth Amendment; Taking;
Temporary Regulation;
Damages; Impact of Insurance Signed by Judge Bruggink.

94-599C • COMMERCIAL FEDERAL CORP., and COMMERCIAL FEDERAL BANK, FSB v. THE UNITED STATES

Filed 03/18/2003
Winstar-related Case; FIRREA; Purchase Method of Accounting; Contract Formation; Breach of Contract; Cross-Motions for Summary Judgment on Liability Signed by Judge Bush.

92-820C • WESTFED HOLDINGS, INC., v. THE UNITED STATES

Filed 03/17/2003
Trial; Winstar-Related Case; Reliance Damages; Foreseeability; Causation; Reasonable Certainty of Amount; Restitution Damages; Defense of Failure to Mitigate; Evidence; Business Records, Fed. R. Evid. 803(6); Admissions, Fed. R. Evid. 801(d)(2); Expert Testimony, Fed. R. Evid. 702
Signed by Judge Hewitt.

00-443L • EL-SHIFA PHARMACEUTICAL INDUSTRIES COMPANY and SALAH EL DIN AHMED MOHAMMED IDRIS v. THE UNITED STATES

Filed 03/14/2003
Personal Jurisdiction; Reciprocity for Foreign Nationals, 28 U.S.C. § 2502; Subject Matter Jurisdiction;   Admiralty; Potential Effect Upon Maritime Commerce; Standing of Foreign Nationals to Invoke Fifth Amendment Takings Clause; Requirement to Concede Authority of Government Action;   Application of Takings Clause to Military Operations; Enemy Property; Exercise of President's War Powers; Political Question Doctrine Signed by Judge Baskir.

02-734C • WILLIAM SANFORD GADD v. THE UNITED STATES

Filed 03/13/2003
Motion to Dismiss;   Jurisdiction; Forfeiture; Due Process; Takings;   Illegal Exaction Signed by Judge Horn.

99-124C • INSURANCE COMPANY OF THE WEST v. THE UNITED STATES

Filed 03/11/2003
Contracts; equitable subrogation; surety; motion to dismiss; summary judgment; stakeholder; payment to subcontractor Signed by Judge Miller, C..

03-110C • SEABORN HEALTH CARE, INC. v. THE UNITED STATES

Filed 03/11/2003
Pre-award bid protest; Federal Acquisition Regulations Part 13; Simplified Acquisition Requirements; Option Prices; Revised Quotations  
Signed by Judge Sypolt.

99-750T 00-572T • CINERGY CORP. v. THE UNITED STATES

Filed 03/10/2003
Trial; Tax refund suit; Section 1341 of the Internal Revenue Code; Restoration of amounts held under claim of right doctrine; Absolute versus apparent right to income; Nexus requirement; Independent deduction requirement; Exclusion of fuel cost overrecoveries; Deductibility of costs associated with asbestos encapsulation and removal Signed by Judge Allegra.

99-370C • G & C ENTERPRISES, INC., v. THE UNITED STATES

Filed 03/06/2003
Contract; Contract Disputes Act of 1978, 41 U.S.C. § § 601-613 (2003); claim for equitable   adjustment; summary judgment; risk of loss; beneficial occupancy; expert testimony; Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993); extraordinary contractual relief;
breach of contract; "best efforts" contract Signed by Judge Miller, C..

98-176L • TOWN OF GRANTWOOD VILLAGE v. THE UNITED STATES

Filed 03/06/2003
Attorneys' fees; Uniform Property Relocation Act   Signed by Judge Bruggink.

93-134L • DOROTHY M. MOORE, ET AL.,v. THE UNITED STATES - ERRATA

Filed 03/05/2003
Takings; Rails to Trails Act; Damages for Imposition of New Easement Signed by Judge Bruggink.

99-993C • D. V. GONZALEZ ELECTRIC & GENERAL CONTRACTORS, INC., v. THE UNITED STATES

Filed 03/03/2003
Breach of contract; 12(b)(1); 12(b)(6); Section 8(a) contract; Reliance on government estimate; Superior knowledge; Breach of good faith and fair dealing; Mutual mistake; Negligent misrepresentation Signed by Judge Smith.

02-1135C • UNITED PAYORS & UNITED PROVIDERS HEALTH SERVICES, INC., v. THE UNITED STATES

Filed 02/27/2003
Post-award bid protest; permanent injunction; cost realism analysis; rational basis for decision; violation of regulation or procedure; partial termination for convenience; mootness Signed by Judge Margolis.

02-1807C • ABF FREIGHT SYSTEM, INC., OLD DOMINION FREIGHT LINE, INC., OVERNITE TRANSPORTATION CO., ROADWAY EXPRESS, INC., YELLOW TRANSP...

Filed 02/26/2003

ABF FREIGHT SYSTEM, INC., OLD DOMINION FREIGHT LINE, INC., OVERNITE TRANSPORTATION CO., ROADWAY EXPRESS, INC., YELLOW TRANSPORTATION, INC., v. THE UNITED STATES

Post-award bid protest; Cross-motions for summary judgment on the administrative record; RCFC 56.1; Standing to bring action; Timeliness of protest

Signed by Judge Hewitt.

98-449C • WILLIAM C. ROSE v. THE UNITED STATES

Filed 02/24/2003
Summary Judgment; Literal Infringement; Means-plus-function; Commercial Product Contentions Signed by Judge Baskir.

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