USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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07-157C AND 07-167C • PACIFIC GAS AND ELECTRIC COMPANY V. THE UNITED STATES

Filed 04/02/2013
Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Allegra.

07-157C AND 07-167C • PACIFIC GAS AND ELECTRIC COMPANY, ET AL. V. THE UNITED STATES

Filed 04/02/2013
Declaratory Judgment; California Power Crisis Signed by Judge Smith.

07-165C • HERNANDEZ, KROONE AND ASSOCIATES, INC. V. THE UNITED STATES

Filed 03/29/2013
Equitable Adjustment; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 42 U.S.C. § 7103(c)(2). Signed by Judge Merow.

10-589 • THE ESTATE OF MORTON LIFTIN, JOHN LIFTIN, EXECUTOR v. THE UNITED STATES

Filed 03/29/2013
Estate Tax Refund Claim; Reasonable Cause for Late Filing; Reasonable Reliance on Advice of Counsel; Substantial Variance; 26 U.S.C. § 6651; United States v. Boyle, 469 U.S. 241 (1985); Estate of La Meres v. Comm’r, 98 T.C. 294 (1992). Signed by Judge Miller, G..

11-297C • DAVITA, INC. V. UNITED STATES OF AMERICA

Filed 03/28/2013
Tucker Act, 28 U.S.C. § 1491(a); Subject-Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 601-12; Contracts for Hospital Care and Medical Services in Non-Department Facilities, 38 U.S.C. § 1703; 38 C.F.R. § 17.56; Authorizations; Money-Mandating Regulation; Failure to State a Claim upon Which Relief Can Be Granted. Signed by Judge Williams.

12-327C • MONROE QUAILES, JR. V. THE UNITED STATES

Filed 03/27/2013
Pro Se, Wrongful Discharge from Navy, General Discharge by Reason of Misconduct, Disability Benefits, Subject Matter Jurisdiction, Statute of Limitations, Board for Correction of Naval Records Signed by Judge Damich.

09-844C & 10-741C • SIKORSKY AIRCRAFT CORPORATION V. UNITED STATES

Filed 03/27/2013
Post-trial decision on government’s claim for damages based upon alleged misallocation of indirect costs to government contracts; statute of limitations; 41 U.S.C. § 7103(a)(4)(A); Cost Accounting Standards; scope and thrust of 48 C.F.R. § 9904.418–50; criteria for proper cost-accounting allocation of indirect costs; significance of costs of management and supervision of activities related to direct labor or materiel costs; applicability of 48 C.F.R. § 9904.418–50(e); proper use of a surrogate to allocate indirect materiel costs Signed by Judge Lettow.

12-855C • DANNY SELLERS et al. V. THE UNITED STATES

Filed 03/25/2013
Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Tort Claims Act; Tort Claims; Eighth Amendment; Constitutional Claims; Transfer to District Court; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court’s Inherent Power Signed by Judge Hewitt.

06-435V • CYNTHIA LA LONDE, parent of M.L., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/25/2013
Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant Signed by Judge Sweeney.

12-842C • PREFERRED SYSTEMS SOLUTIONS, INC. V. THE UNITED STATES

Filed 03/22/2013
Bid Protest; Standing; Best Value Procurement; Deference to Technical Evaluation. Signed by Judge Firestone.

06-868V • CLAIRE BARNETTE, a minor, by her mother, KAREN BARNETTE, and her father, TIMOTHY BARNETTE V. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/21/2013
The special master’s conclusion that a vaccination was not a substantial factor in bringing about harm was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law where the special master employed the correct legal standard, carefully considered the relevant evidence, and ultimately relied on the testimony of experts judged by the special master to be qualified and credible. Signed by Judge Wiese.

11-54C • CENTURY EXPLORATION NEW ORLEANS, LLC, ET AL. V. THE UNITED STATES

Filed 03/21/2013
Breach of Oil and Gas Lease; and Risk of Regulatory Change; Sovereign Acts Doctrine; Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331-1356 (2006); Motion for Summary Judgment, RCFC 56. Signed by Judge Bush.

11-765C • MORRIS SHELKOFSKY V. UNITED STATES OF AMERICA

Filed 03/20/2013
Motion for Judgment on the Administrative Record; Military Retirement Pay; Disability Retirement Pay; Severance Pay; Supplementation of Record Signed by Judge Hodges.

10-731T • ROBERT F. GOELLER and JEANETTE M. GOELLER V. THE UNITED STATES

Filed 03/20/2013
Tax refund suit; Cross-motions for summary judgment under RCFC 56; Deductibility of “theft” loss under I.R.C. § 165(c)(3); Definition of “theft;” Edwards; Reliance upon state law definitions of crimes contrary to normal rules for interpreting Federal tax statutes; Burnet v. Harmel; Anomalous results produced by incorporating state criminal law into Federal taxing statute; Common law definition of “theft” established; Questions of facts as to allowance and amount of deduction; Trial. Signed by Judge Allegra.

11-377C • RALPH J. LAMSON V. THE UNITED STATES

Filed 03/15/2013
Claim Construction; "Virtual Reality Immersion Therapy" Method Patent Signed by Judge Firestone.

94-522C • FIRST ANNAPOLIS BANCORP, INC. V. THE UNITED STATES

Filed 03/15/2013
Lack of Standing; Dismissal Without Prejudice; Award of Costs; 28 U.S.C. § 1919; Rule 54; Prevailing Party; Congressional Reference. Signed by Judge Williams.

07-271L • JACK LADD and MARIE LADD, et al. V. UNITED STATES OF AMERICA

Filed 03/14/2013
Rails-to-Trails Act; Fifth Amendment Takings; Notice of Interim Trail Use (NITU); Temporary Takings; End Date; Consummation of Abandonment; Railroad Property Rights; Calculation of Damages Signed by Judge Hodges.

12-628C • JORDAN M. MESCHKOW V. THE UNITED STATES

Filed 03/14/2013
Stipulation in Bankruptcy Court; Lack of Subject Matter Jurisdiction; Contracts Entered Into by United States in Sovereign Capacity; Takings; Dismissal for Failure to State a Claim Signed by Judge Damich.

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

Filed 03/13/2013
RCFC 26(c); Protective Order; Motion for Access to Protected Information; Proprietary Information; Competitive Decision-Maker; Restricted Information; Export Controls Signed by Judge Hewitt.

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