USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-841C • BRIAN CHARLES VAETH V. THE UNITED STATES

Filed 05/15/2013
Application for Energy Project Grant(s); Complaint of Political Bias; Standing; Failure to have Submitted Application; Hypothetical Injury; Procurement Signed by Judge Damich.

10-723C • JUANITA L. HUGHETT V. THE UNITED STATES

Filed 05/15/2013
Motion for Attorney’s Fees and Costs; Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Procedural Remand Did Not Convey Prevailing Party Status on Plaintiff; Government’s Litigating Position Was Substantially Justified. Signed by Judge Bush.

13-202C • BEECHCRAFT DEFENSE COMPANY, LLC V. THE UNITED STATES

Filed 05/10/2013
Post-Award Bid Protest; Override of the CICA Automatic Stay; 31 U.S.C. § 3553(d); Acquisition of Light Air Support Aircraft for the Afghan Air Force. Signed by Judge Miller, G..

11-200C • SALVATORE BORTONE V. THE UNITED STATES

Filed 05/09/2013
Living Quarters Allowance eligibility under the Overseas Differentials and Allowances Act; 5 U.S.C. § 5923; Department of State Standardized Regulations §§ 031.11-.12; Department of Defense Instruction 1418.1 Signed by Judge Firestone.

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

Filed 05/09/2013
Pre-award bid protest; challenge to agency’s disqualification of veteran-owned small business from participating in VA’s Veterans First Contracting Program; application of “control” within the meaning of 38 C.F.R. § 74.4 Signed by Judge Lettow.

04-1365C • CHEVRON U.S.A., INC. V. THE UNITED STATES

Filed 05/08/2013
Breach of Contract; Department of Energy Organization Act, Pub. L. No. 95-91 (1977); Implied Covenant of Good Faith and Fair Dealing; National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106 (1996); Naval Petroleum Reserves Production Act of 1976, Pub. L. No. 94-258 (1976); Privileged Documents; Reliance Damages; Sanctions for “Bad Faith” Conduct During Discovery; Pub. L. No. 105-261 (1998); RESTATEMENT (SECOND) OF CONTRACTS §§ 344(b) (Purposes of Remedies), 349 (Reliance Damages), 350 (Mitigation). Signed by Judge Braden.

12-224C • SERVICE DISABLED VETERAN OWNED SMALL BUSINESS NETWORK, INC. V. UNITED STATES OF AMERICA

Filed 05/06/2013
Subject matter jurisdiction; Bid protest; Standing; Tucker Act Signed by Judge Block.

13-87C & 13-91C • CGS ADMINISTRATORS, LLC, and PALMETTO GBA, LLC V. THE UNITED STATES

Filed 05/06/2013
Post-Award Bid Protest; Best Value Award Not Shown To Be Arbitrary, Capricious, an Abuse of Discretion, or Contrary to Law. Signed by Judge Bush.

12-863C and 12-883C • INSIGHT SYSTEMS CORP., and CENTERSCOPE TECHNOLOGIES, INC. V. THE UNITED STATES

Filed 05/06/2013
Pre-award bid protest; Cross-motions for judgment on the administrative record; Standard of review – Bannum; Proposals received by government mail server, but not forwarded to the next server in the government mail system, were covered by the Government Control exception to the “late is late” rule found in 48 C.F.R. § 52.212-1(f)(2)(i)(B); Plain meaning of regulation controls; Watterson Constr.; Specific/general canon of construction; Contrary GAO decisions rejected; Injunction issued. Signed by Judge Allegra.

11-201C • ROSS-HIME DESIGNS, INC. V. THE UNITED STATES

Filed 05/06/2013
Access to Information Developed Under Space Act Agreement; Right to Public Inspection Under Space Act; Protective Order Signed by Judge Hewitt.

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 05/03/2013
Vaccine case; petitioners’ challenge to a special master’s failure to act on a remanded vaccine case within the statutorily specified time; 42 U.S.C. § 300aa-12(e)(2)(C); absence of mandatory remedy; analogy to a request for relief by way of a writ of mandamus Signed by Judge Lettow.

12-907C • QUEST DIAGNOSTICS, INC. V. THE UNITED STATES

Filed 05/01/2013
Bid Protest; Agency Corrective Action; Limit on Proposal Revisions after Solicitation Amendment; Incumbency Signed by Judge Bruggink.

09-594T • COLORCON, INC. V. THE UNITED STATES

Filed 04/30/2013
26 U.S.C. § 483; 26 U.S.C. § 163; Tax Refund; Unstated Interest; Interest Deduction; Deferred Payment; Short-Form Merger; In Lieu of Payment. Signed by Judge Firestone.

06-436C • ULYSSES, INC. V. THE UNITED STATES

Filed 04/30/2013
Contract Disputes Act, 41 U.S.C. §§ 604 and 605; Request for Quotation; Approved Source; 48 C.F.R. § 13.004; Termination for Convenience, FAR 52.249-1; Government Counterclaims; False Claims Act, 31 U.S.C. § 3729 et seq.; Government Knowledge Defense; Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514. Signed by Judge Williams.

11-581C • UNITRAC, LLC V. THE UNITED STATES

Filed 04/30/2013
Patent infringement, 28 U.S.C. § 1498; summary judgment, RCFC 56; means-plus-function limitations, 35 U.S.C. § 112 Signed by Judge Damich.

12-539C • DIVERSIFIED MAINTENANCE SYSTEMS, INC. V. THE UNITED STATES

Filed 04/26/2013
Motion to Dismiss for Lack of Subject-Matter Jurisdiction, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109; Burden of Proof for Jurisdictional Facts Establishing Submission of Claim to Contracting Officer Signed by Judge Merow.

12-79T • CLEAN FUEL LLC V. UNITED STATES OF AMERICA

Filed 04/26/2013
American Recovery and Reinvestment Tax Act; Subject matter jurisdiction; RCFC 12(b)(1); Consequential damages; Lost profits; Tucker Act; “Money-mandating” source of law Signed by Judge Block.

12-216C • UUSI, LLC, and OLDNAR CORP. V. THE UNITED STATES

Filed 04/25/2013
Patent Infringement; 28 U.S.C. § 1498(a); 41 U.S.C. § 114; 28 U.S.C. § 2071(a), (c); 28 U.S.C. § 2503(b); Subject-Matter Jurisdiction; Rules of the United States Court of Federal Claims 12(b)(1), 14(b), 14(c)(1)(A); Third-Party Practice; Third-Party Indemnification. Signed by Judge Williams.

03-2623C • SYSTEM FUELS, INC., et al. V. UNITED STATES

Filed 04/23/2013
Post-trial decision in a remanded case involving the Standard Contract for pickup of spent nuclear fuel; application of the 1987 industry-wide acceptance rate; causation; costs of mitigation for partial breach; avoided costs Signed by Judge Lettow.

12-852C • CMS CONTRACT MANAGEMENT SERVICES, ET AL. V. THE UNITED STATES

Filed 04/19/2013
Pre-award Bid Protests; Project-based HUD Section 8 Housing Assistance Program; Procurement Contracts Contrasted With Cooperative Agreements; 31 U.S.C. §§ 6301 - 6308; Applicability of Competition in Contracting Act and Federal Acquisition Regulation; Analysis of HUD Housing Assistance Statutes and Regulations. Signed by Judge Wheeler.

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