USCFC General Jurisdiction-Reported

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11-779C • STARR INTERNATIONAL COMPANY, INC., on its behalf and on behalf of a class of others similarly situated V. THE UNITED STATES

Filed 07/29/2013
Deposition of Witness Holding High-Level Government Position; Personal Knowledge of Relevant Facts; Improbability of Obtaining Same or Similar Information From Other Persons or Sources; Appropriate Judicial Oversight. Signed by Judge Wheeler.

07-754C • THE RAVENS GROUP, INC. V. THE UNITED STATES

Filed 07/26/2013
Breach of Contract for Negligent, Bad Faith, or Misleading Estimates; Jury Verdict Method; Demonstrating Injury as Part of Breach Claim Signed by Judge Firestone.

13-361C • EXCEL MANUFACTURING, LTD. V. THE UNITED STATES

Filed 07/24/2013
Post-Award Bid Protest; Standing; Limitations on Subcontracting Clause, 48 C.F.R. § 52.219-14 (2012). Signed by Judge Bush.

08-357C • MARY E. VERBECK V. UNITED STATES

Filed 07/23/2013
Wrongful termination claim by former Lieutenant Commander in the Public Health Service Commissioned Corps; application of Commissioned Corps Personnel Manual 23.7-I1 I1 §§ D, E Signed by Judge Lettow.

99-172C • GENERAL ELECTRIC COMPANY V. THE UNITED STATES

Filed 07/23/2013
Original Cost Accounting Standards (“CAS”) segment closing adjustment obligation; CAS 413.50(c)(12); CAS 413.50(c)(5)(i) and (ii) asset allocation; calculation of Teledyne share; “measurable benefit” for future periods under DIRECTV Group, Inc. v. United States, 670 F.3d 1370 (Fed. Cir. 2012) Signed by Judge Firestone.

12-191T • GREGORY BLUE V. THE UNITED STATES

Filed 07/22/2013
Burden of Proof; Exclusion Rule, 26 U.S.C. § 72; Federal Tax Refund, 26 U.S.C. § 7422(a); Gross Income, 26 U.S.C. § 61(a); Qualified Pension, 26 U.S.C. § 401; Taxability of Employees’ Trust, 26 U.S.C. § 402; Pension Exclusion Ratio; Presumption of Correctness; Pro Se; RCFC 9(m)(1) (Tax Refund Claim); RCFC 26(a)(1)(A)(i) (Required Initial Disclosure); RCFC 56 (Summary Judgment). Signed by Judge Braden.

12-845C • DOUGLAS J. SMITH V. THE UNITED STATES

Filed 07/19/2013
Taxability of Military Disability Retired Pay; Combat-Related Operations; 10 U.S.C. § 1201; 26 U.S.C. § 104(a). Signed by Judge Miller, G..

13-197C • CHRISTIAN J. WURST III V. THE UNITED STATES

Filed 07/19/2013
Motion To Dismiss, RCFC 12(b)(1); Pro Se; Tucker Act, 28 U.S.C. § 1491(a)(1), (c) (actions against Tennessee Valley Authority). Signed by Judge Braden.

13-172C • ALEXANDER VLAHOS V. THE UNITED STATES

Filed 07/19/2013
Motion to Dismiss, RCFC 12(b)(1) (subject matter jurisdiction); Tucker Act Jurisdiction, 28 U.S.C. § 1491; 5 U.S.C. § 3341(b)(1) (details within Executive or military departments); RCFC 10(a) (complaint caption). Signed by Judge Braden.

07-443V • JOAN CAVES V. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 07/18/2013
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Review of Special Master’s Determination of Reasonable Costs; Expert Costs. Signed by Judge Bush.

12-481C • MATTHEW WALTER STEPHAN V. THE UNITED STATES

Filed 07/17/2013
Overseas Differentials and Allowances Act of 1960, 5 U.S.C. § 5921 et seq.; Living Quarters Allowance; Department of State Standardized Regulations; Civilian Personnel Management Instruction; RCFC 12(b)(1); subject matter jurisdiction. Signed by Judge Damich.

06-835C, 06-853C, 06-858C, 07-82C • GULF GROUP GENERAL ENTERPRISES CO. W.L.L. V. UNITED STATES

Filed 07/17/2013
False Claims Act, 31 U.S.C. § 3729; Special Plea in Fraud, 28 U.S.C. § 2514; Contract Disputes Act, 41 U.S.C. § 604; Rescission and Disgorgement; Termination; Breach of Contract; Abuse of Discretion; Demurrage. Signed by Judge Horn.

13-198C • MCAFEE, INC. V. UNITED STATES

Filed 07/17/2013
Pre-award bid protest; jurisdiction; standing; brand-name, sole-source procurement; Competition in Contracting Act, 41 U.S.C. § 3301; 10 U.S.C. § 2304(a)(1); factors governing equitable relief; interests of national defense and national security; 28 U.S.C. § 1491(b)(3) Signed by Judge Lettow.

12-529L • QUAPAW TRIBE OF OKLAHOMA V. THE UNITED STATES

Filed 07/16/2013
Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders. Signed by Judge Wheeler.

12-431L • GRACE M. GOODEAGLE, et al. V. THE UNITED STATES

Filed 07/16/2013
Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders. Signed by Judge Wheeler.

11-236C • DEMODULATION, INC. V. THE UNITED STATES

Filed 07/12/2013
Cooperative Research and Development Agreement; Foreign Sovereign Immunities Act of 1976, Pub. L. No. 94-583, 90 Stat. 2891; Motion to Dismiss, RCFC 12(b)(1); Stevenson-Wydler Technology Innovation Act of 1980, codified as amended at 15 U.S.C. §§ 3701-22 (2006); 35 U.S.C. § 41(c) (delayed payment of patent maintenance fees); 37 C.F.R. § 1.378(b) (same); 10 C.F.R. § 782 (patent infringement claims against the Department of Energy); RCFC 12(f)(1) (striking text from a pleading); RCFC 19(a)(1) (joinder); RCFC 56 (summary judgment). Signed by Judge Braden.

13-145C • THE McVEY COMPANY, INC. V. THE UNITED STATES

Filed 07/09/2013
Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1(c); Best Value Evaluation; Organizational Conflict of Interest; Corrective Action Signed by Judge Hewitt.

06-167L • OTAY MESA PROPERTY, L.P., et al. V. THE UNITED STATES

Filed 07/08/2013
Motion for Reconsideration; Recovery of Interest for Permanent Taking of Non-Exclusive Easement Under Fifth Amendment; Determination of the Starting Date for Calculation of Interest. Signed by Judge Wheeler.

12-723C • MAJOR W.D. FOSTER V. THE UNITED STATES

Filed 07/03/2013
Subject Matter Jurisdiction; Claim Under Traumatic Injury Act, 38 U.S.C § 1980A; Statutory Provision Designating District Court Jurisdiction; Sua Sponte Transfer to a Court of Appropriate Jurisdiction, 28 U.S.C. § 1631. Signed by Judge Wheeler.

12-432T • THE CHEESECAKE FACTORY INC. V. THE UNITED STATES OF AMERICA

Filed 07/03/2013
Granting Motion to Dismiss for Lack of Jurisdiction; Claim for Refund for Tax Year as to Which Plaintiff Received a Notice of Deficiency and Filed a Petition in the Tax Court; I.R.C. § 6512(a) Signed by Judge Hewitt.

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