USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-355V • C. K., as Mother and Next Friend of V.K. V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/19/2013
Vaccine case; off-table claim; Althen; petitioner’s challenge to the Special Master’s decision; HPV vaccine; Gardasil; systemic juvenile idiopathic arthritis Signed by Judge Bruggink.

13-219V • INA SCANLON V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/17/2013
Vaccine case; receipt of varicella zoster (“shingles”) vaccine; listing of vaccines covered by the Vaccine Act; 42 U.S.C. § 100.3 Signed by Judge Lettow.

13-268C • DAVIS WETLANDS BANK, LLC V. THE UNITED STATES

Filed 12/16/2013
Clean Water Act, 33 U.S.C. § 1344 (permits for dredged or fill material); Jurisdiction; Motion to Dismiss, RCFC 12(b)(1) and 12(b)(6); Regulatory instrument; 33 C.F.R. § 332.8(o)(3) (credits issued re: wetlands mitigation); 60 Fed. Reg. 58,605-02, 58,606 (Nov. 28, 1995) (Federal Guidance for the Establishment, Use and Operation of Mitigation Banks). Signed by Judge Braden.

10-540C • CANVS CORPORATION V. THE UNITED STATES

Filed 12/13/2013
Patents; Summary Judgment; Anticipation Pursuant to 35 U.S.C. § 102(e) (2006); Obviousness Pursuant to 35 U.S.C. § 103; Expert Testimony Signed by Judge Campbell-Smith.

12-58T • GERD TOPSNIK V. UNITED STATES

Filed 12/12/2013
Claim for tax refunds; prior suit; 28 U.S.C. § 1500; Brandt followed; motion for continued stay; no pressing need for continuation Signed by Judge Lettow.

13-532C • ECO TOUR ADVENTURES, INC. V. THE UNITED STATES

Filed 12/12/2013
Pre-Award Bid Protest; National Park Service Concessions Management Improvement Act of 1998, 16 U.S.C. §§ 5951-5966 (2012); Right of Preference for Preferred Offerors; Procurement Integrity Act, 41 U.S.C. §§ 2101-2107 (Supp. V 2011); Implied Contract to Consider Bids Fairly and Honestly. Signed by Judge Bush.

10-617C • KENNETH EARMAN V. THE UNITED STATES

Filed 12/12/2013
Contract; Reformation and Breach; Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2012); Incorporation of a Statute and Regulations into a Contract. Signed by Judge Bush.

09-371T • REORGANIZED RFS CORPORATION & SUBSIDIARIES V. THE UNITED STATES

Filed 12/11/2013
Tax Refund Suit; Property and Casualty Insurance Companies; Special Estimated Tax Payments; 26 U.S.C. § 847; Effect of Bankruptcy Proceedings; Collateral Estoppel. Signed by Judge Wheeler.

10-851T • CHARLES P. ADKINS and JANE E. ADKINS V. THE UNITED STATES

Filed 12/11/2013
Income Tax Refund; Cross-Motions for Summary Judgment, RCFC 56; Theft Loss; IRC § 165; 26 C.F.R. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Purchases of Stock Through Innocent Third-Party Brokers; Specific Intent to Deprive Victims of Their Property; Privity; Reasonable Prospect of Recovery; Genuine Issues of Material Fact Signed by Judge Sweeney.

13-164C • NEIE, INC. V. THE UNITED STATES

Filed 12/06/2013
Central Contractor Registration, 48 C.F.R. § 52.204-7(a) (2013) (changing the name of the CCR to the “System for Award Management”); Pre-Award Bid Protest Jurisdiction (28 U.S.C. § 1491(b)(1)); Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. § 644(g)(1)(A)(ii)); Standing; Federal Acquisition Regulations, 1.102(b)(3) (“The Federal Acquisition System will . . . [c]onduct business with integrity, fairness, and openness.”); 1.102-2(c)(3) (fair and impartial treatment of contractors); 1.602-2(b) (“impartial, fair, and equitable treatment” of contractors by contracting officers); 3.101-1 (standards of conduct for government personnel); 15.305 (evaluation of proposals); 16.504 (indefinite quantity contract); 19.1405 (SDVOSB set-aside procedures); 52.219-1 (voluntary certifications); 13 C.F.R. § 125.15(e)(1) (SDVOSB status determined at the time of an initial offer); 48 C.F.R. § 4.1201 (2012 and 2013) (representations and certifications); 48 C.F.R. § 52.204-13(b) (contractors responsibility for the accuracy of information in the Central Contractor Registration). Signed by Judge Braden.

03-2752C • KEITH L. KELLER V. THE UNITED STATES

Filed 12/06/2013
Military Pay; Standard of Review for Decisions Issued by a Board for Correction of Military Records. Signed by Judge Bush.

1:11-cv-00445 • TEKTEL, INCORPORATED v. USA

Filed 12/04/2013
REPORTED OPINION denying defendant's motion to dismiss Tektel's amended complaint and motion for summary judgment. [Duplicate od document #73, docketed for administrative purposes]. Signed by Judge Mary Ellen Coster Williams.

13-457C • TAMARA BARRY, et al., v. UNITED STATES

Filed 12/04/2013
Claims brought under the Fair Labor Standards Act, 29 U.S.C. § 216(b); motion to transfer based upon asserted absence of jurisdiction in this court; Bormes distinguished; King followed Signed by Judge Lettow.

13-403C • COLONIAL PRESS INTERNATIONAL, INC., v. UNITED STATES

Filed 12/03/2013
Post-Award Bid Protest; Government Printing Office; Statutory Construction; Responsibility Determination; Small Business Administration Certificate of Competency Program. Signed by Judge Horn.

11-48C • COFFEE CONNECTIONS, INC. V. THE UNITED STATES

Filed 12/03/2013
Concession Contracts; Breach of Contract; Motion to Dismiss RCFC 12(b)(1); Motion for Summary Judgment RCFC 56; Breach of Contract for Critical Violations Signed by Judge Sweeney.

13-508C • LYON SHIPYARD, INC. V. THE UNITED STATES

Filed 11/27/2013
Pre-award bid protest; Cross-motions for judgment on the administrative record; ID/IQ contract for marine boatyard services; Bannum – standard of review; FAR § 15.306(d) – meaningful discussions; Agency did not abuse its discretion in conducting discussions and in failing to reopen discussions; Agency did not engage in unequal treatment in evaluating the reasonableness of prices. Signed by Judge Allegra.

09-891C • CHAPMAN LAW FIRM, LPA, v. UNITED STATES

Filed 11/25/2013
Trial; Contract Disputes Act; Special Plea in Fraud; Forfeiture; False Claims Act; Spoliation. Signed by Judge Horn.

3-2209C • ENGLEWOOD TERRACE LIMITED PARTNERSHIP V. UNITED STATES

Filed 11/22/2013
Limited Remand for Recalculation of Lost Profits Damages for Contract Breach. Signed by Judge Horn.

13-587C • AQUATERRA CONTRACTING, INC. V. THE UNITED STATES

Filed 11/22/2013
Bid Protest; HUBZone Act, 15 U.S.C. § 657a; Rivers and Harbors Act, 33 U.S.C. § 624; FAR 52.219-4; Harmonizing Statutes; No Prejudice to Party Not Eligible for Award Under § 624(a)(2) Signed by Judge Firestone.

01-591L and 01-5910L through 01-59125L • KLAMATH IRRIGATION DISTRICT, et al. V. THE UNITED STATES

Filed 11/22/2013
Takings/contract case; Motion to dismiss for lack of subject matter jurisdiction – RCFC 12(b)(1); 28 U.S.C. § 1500; “Assignee”; Members of associations were not assignees for purposes of section 1500; Tohono O’odham; Same operative facts – concept examined; Comparison to jurisprudence under Rules 13, 15 and 20 of the Federal Rules of Civil Procedure; Four tests – elements enumerated; Issues of fact and law; Role of res judicata; Substantially the same evidence; Logical relationship; Claims in district court did not involve substantially the same operative facts as takings claim, but did have substantially the same operative facts as contract claim; Section 1500 applicable, in part. Signed by Judge Allegra.

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