USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

09-869C • BENJAMIN GAL-OR, et al. V. THE UNITED STATES

Filed 11/21/2013
The Act of June 15, 1917 (authorizing war-time expropriation of property and payment of just compensation); U.S. Const. amend. V; Pro Se; 18 U.S.C. Section 1839(3) (federal "trade secrets"); 28 U.S.C. Section 1498(a) (jurisdiction re: patent infringement by the federal government); 28 U.S.C. Section 2501 (statute of limitations); 28 U.S.C. Section 2502(a) (the "reciprocity Act"); RCFC 12(b)(1) (lack of subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim). Signed by Judge Braden.

12-785C • RICHARD P. WATSON V. THE UNITED STATES OF AMERICA

Filed 11/21/2013
Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Waiver; Motion for Judgment on the Administrative Record; RCFC 52.1; 37 U.S.C. § 204; 10 U.S.C. § 1201; RCFC 52.2 Signed by Judge Campbell-Smith.

12-882C • KWV, INCORPORATED V. UNITED STATES

Filed 11/19/2013
Post-judgment request for attorney’s fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); justification for the government’s posture in the case Signed by Judge Lettow.

11-358C • RONALD J. HELFERTY v. UNITED STATES

Filed 11/15/2013
Claim by discharged Navy veteran for reinstatement and back pay; denial of relief by the Board for Correction of Naval Records on remand from the court; Military Pay Act, 37 U.S.C. § 204(a); sufficiency of evidence of ingestion of cocaine; alleged ineffective assistance of counsel in a proceeding before an Administrative Discharge Board; criteria governing performance of counsel Signed by Judge Lettow.

12-690C • SAMUEL DUSTIN V. UNITED STATES

Filed 11/15/2013
Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); Student Loan Repayment Program; Back Pay Act Signed by Judge Wheeler.

07-876C • YANKEE ATOMIC ELECTRIC COMPANY V. THE UNITED STATES

Filed 11/14/2013
Partial Breach of Standard Contract for Disposal of Spent Nuclear Fuel; Damages; Foreseeability; Causation; Allocation of Settlement Proceeds; Recovery of Lobbying Costs; and Recovery of Litigation Costs. Signed by Judge Merow.

13-270C • RICHARD HIGBIE V. THE UNITED STATES

Filed 11/14/2013
28 U.S.C. § 1500; 28 U.S.C. § 1491; subject matter jurisdiction. Signed by Judge Damich.

13-895C • DAVID HOVER V. THE UNITED STATES

Filed 11/14/2013
Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

12-850T • TERESA TIERNAN V. UNITED STATES

Filed 11/12/2013
Claims for refund of income tax; application of I.R.C. § 7422(a), the full payment rule, and the “look back” provisions of I.R.C. § 6511(b); penalties imposed under I.R.C. § 6702 Signed by Judge Lettow.

13-229T • JEREMIAH HARRIS V. THE UNITED STATES

Filed 11/08/2013
RCFC 12(b)(6); Tax Refund Suit; Economic Reality; No Funds on Which Instrument Draws; Redemption Theory Signed by Judge Sweeney.

13-506C • AMAZON WEB SERVICES, INC. V. THE UNITED STATES

Filed 11/08/2013
Post-Award Bid Protest; Cloud Computing Services Contract; Agency Corrective Action Following GAO Decision; No Prejudice to Party Lacking Any Chance of Contract Award; Reopening of Competition Unnecessary. Signed by Judge Wheeler.

13-689C • DYNCORP INTERNATIONAL LLC, et al. V. THE UNITED STATES

Filed 11/05/2013
Bid Protest; CICA stay override; 31 U.S.C. § 3553. Signed by Judge Bruggink.

07-650L • THOMAS H. ASKINS, JR., et al. V. THE UNITED STATES

Filed 11/05/2013
Motion to strike class allegations; motion to dismiss; American Pipe class action tolling; anti-stacking rule; statute of limitations; avigation easement takings claims. Signed by Judge Wolski.

91-1470L • THE ESTATE OF E. WAYNE HAGE AND THE ESTATE OF JEAN N. HAGE V. THE UNITED STATES

Filed 11/04/2013
Motion for Hearing; Motion for Briefing; Motion for Appointment of Special Master; RCFC 52(b); RCFC 59; Res Judicata Signed by Judge Sweeney.

12-85C • ADVANCED AEROSPACE TECHNOLOGIES, INC. V. THE UNITED STATES

Filed 10/31/2013
Ripeness; Standing; 28 U.S.C. § 1498(a) (waiver of sovereign immunity and jurisdiction re: certain patent infringement claims); 28 U.S.C. § 1498(c) (patent claims arising abroad); 28 U.S.C. § 1631 (transfer to cure want of jurisdiction); 35 U.S.C. § 154(a)(1) (content and term of a patent); 35 U.S.C. § 271(a) (liability for patent infringement as to the use, an offer to sell, or sales within the United States and imports thereto); 35 U.S.C. § 271(b) (inducing patent infringement); 35 U.S.C. § 271(c) (contributory infringement); 35 U.S.C. § 271(f) (infringement for exporting components of patented invention); RCFC 7.1 (Disclosure Statement); RCFC 12(b)(1) (Motion to Dismiss). Signed by Judge Braden.

12-597C • MILES CONSTRUCTION, LLC V. UNITED STATES

Filed 10/31/2013
Post-judgment request for attorneys’ fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing party; whether the government’s posture in the case was substantially justified; fees Signed by Judge Lettow.

13-822C • SHAUNTELL SMITH V. THE UNITED STATES

Filed 10/30/2013
Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

12-15C • LUTHER BRADY TANSIL V. THE UNITED STATES

Filed 10/30/2013
RCFC 12(b)(1), Military Pay, Statue of Limitations, Accrual Suspension, Legal Disability Signed by Judge Sweeney.

07-889V • DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/29/2013
Vaccine case; petitioners’ challenge to a special master’s decision on remand; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochondrial defect; claim asserting an aggravation of a pre-existing condition; Loving causation framework; entitlement; remand Signed by Judge Lettow.

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