USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-541L • STOCKTON EAST WATER DISTRICT and CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT V. THE UNITED STATES

Filed 02/28/2013
Contract damages; expectation damages; cost of cover; reasonableness of mitigation; foreseeability; causation of damages. Signed by Judge Miller, C..

04-541L • STOCKTON EAST WATER DISTRICT and CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT V. THE UNITED STATES

Filed 02/28/2013
Contract damages; expectation damages; cost of cover; reasonableness of mitigation; foreseeability; causation of damages. Signed by Judge Miller, C..

12-731C • ADAMS AND ASSOCIATES, INC. V. THE UNITED STATES

Filed 02/28/2013
Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Rule of Two; Fair Proportion Analysis; Workforce Investment Act Signed by Judge Bruggink.

11-724T • SEHAT SUTARDJA and WEILI DAI V. THE UNITED STATES

Filed 02/27/2013
Tax Refund Suit; Exercise of Stock Options; Applicability of Internal Revenue Code Section 409A Regarding Deferred Compensation Plans; Cross-Motions for Partial Summary Judgment; Material Fact Issues Requiring Trial. Signed by Judge Wheeler.

13-116C • METTERS INDUSTRIES, INC. V. THE UNITED STATES

Filed 02/27/2013
Preliminary injunction; pre-award bid protest; small business set-aside; Plaintiff; GSA schedule contract task order; appeal of size determination pending before SBA’s Office of Hearing and Appeals; explicitly required size status recertification, 13 C.F.R. § 121.404(g)(3)(v) Signed by Judge Wolski.

11-543L • LONE STAR INDUSTRIES, INC. V. UNITED STATES OF AMERICA

Filed 02/27/2013
Fifth Amendment Taking; Closure of Waterway Outlet; Property Interest; Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; Rule 12(b)(6); LA. CIV. CODE ANN. art. 690, et seq.; Predial Servitude; Enclosed Estate; Regulatory Taking; Lack of Property Interest in Deep-Draft Access; Lack of Direct Regulation of Private Property. Signed by Judge Williams.

07-36V • KEITH and BEVERLY LANGLAND, on behalf of their daughter, [M.L.] V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/26/2013
Vaccine Act off-table case; Althen; DTaP; celiac disease; absence of plausible medical theory of causation; statements of treating physicians; document referenced in expert report as party admission; no appropriate temporal association without reputable explanation of mechanism. Signed by Judge Wolski.

12-516C • EXTREME COATINGS, INC. V. THE UNITED STATES

Filed 02/26/2013
Contract Dispute; RCFC 12(b)(6); Elements of a Differing Site Conditions Claim; “Act of God” Weather Conditions. Signed by Judge Bush.

02-1211V • WALTER RAY GRAVES and LISA GRAVES as Representatives of the Estate of HAYLEY NICOLE GRAVES, deceased V. SECRETARY OF THE DEPT. OF HEALTH AND HUMAN SERVICES

Filed 02/25/2013
Vaccine Act; application of statutory cap on pain, suffering and emotional distress in death case; 42 U.S.C. § 300aa-15(a)(4); Youngblood v. Sec’y of HHS, 32 F.3d 552 (Fed. Cir. 1994). Signed by Judge Merow.

12-730C • DYNAMIC EDUCATIONAL SYSTEMS, INC. V. THE UNITED STATES

Filed 02/25/2013
Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Rule of Two; Fair Proportion Analysis; Workforce Investment Act Signed by Judge Bruggink.

12-364C • NICHOLE MEDICAL EQUIPMENT & SUPPLY, INC. and DOMINIC ROTELLA V. THE UNITED STATES

Filed 02/25/2013
Medicare equipment supplier; settlement agreement; warranty; covenant of good faith and fair dealing; motion to dismiss. Signed by Judge Bruggink.

12-366C • KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES

Filed 02/22/2013
Motion to Dismiss; LOGCAP III; Cost Plus Award Fee; Burnside-Ott Aviation Training Ctr. v. Dalton, 107 F.3d 854 (Fed. Cir. 1997); Implied Duty of Good Faith and Fair Dealing; Contracting Officer’s Independent Judgment; FAR 16.401; AFARS 5116.405-2(b)(2)(C); Arbitrary and Capricious Award Fee Determination; Availability of Damages. Signed by Judge Miller, G..

09-318V • KELLY ARANGO, Parent of, ISABELA OROZCO, a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/22/2013
National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP Vaccine; Acute Encephalopathy; Seizures; 42 C.F.R. § 100.3(b)(2)(i)(E). Signed by Judge Miller, G..

12-783C • ANDREW P. KALICK V. THE UNITED STATES

Filed 02/21/2013
Pro Se; Motion to Dismiss; RCFC 12(b)(1); Transfer for Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1631 Signed by Judge Hewitt.

12-501C • ONE LARGO METRO, LLC V. UNITED STATES

Filed 02/21/2013
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Technical Evaluation; Best Value Trade-Off Analysis; Bid Preparation and Proposal Costs. Signed by Judge Horn.

11-268C • SECURITYPOINT HOLDINGS, INC. V. THE UNITED STATES

Filed 02/20/2013
Claim construction; Markamn hear; Plaintiff, plain and ordinary meaning. Signed by Judge Bruggink.

93-655C • ANAHEIM GARDENS, et al. V. THE UNITED STATES

Filed 02/19/2013
Reconsideration; Low-Income Housing; Preservations Statutes; ELIHPA; LIHPRHA; Summary Judgment; Affordability Restrictions; Prepayment; Futility; Ripeness Signed by Judge Damich.

12-222C • McTECH CORPORATION V. UNITED STATES

Filed 02/19/2013
Pre-award bid protest; series of incremental corrective actions; cumulative effect of actions; mootness Signed by Judge Lettow.

07-273L • STEPHEN J. ROGERS, et. al. V. THE UNITED STATES

Filed 02/19/2013
Fifth Amendment Taking; Motion to Dismiss; Rule 12(b)(1); Standing; Jurisdiction; Declaration of Protective Covenants; Beneficial Title; Equitable Conversion; Sufficiency of Property Description; Ability of Members of Homeowners’ Association to Maintain Takings Suit. Signed by Judge Williams.

12-728C • RED RIVER COMMUNICATIONS, INC. V. THE UNITED STATES

Filed 02/15/2013
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; whether waiver rule under Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007), applies to non-bidder or offeror; protest bar on task orders pursuant to the Federal Acquisition Streamlining Act, 10 U.S.C. § 2034c(e) (Supp. V 2011). Signed by Judge Miller, C..

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