USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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..

05-1133V • WILLIAM TAYLOR, parent of JOSEPH TAYLOR, a minor V. SECRETARY OF HEALTH & HUMAN SERVICES

Filed 02/15/2013
Vaccine Act; Motion for Review of Special Master’s Decision; DTaP Vaccination; Infantile Spasms; Lack of Evidence of Causation; Althen Test. Signed by Judge Wheeler.

11-333L, 11-374L & 11-713L • WEST CHELSEA BUILDINGS, LLC, et al., and WEST 13TH STREET LLC, et al., and TENTH AVENUE ASSOCIATES, LP, et al. V. THE UNITED STATES

Filed 02/14/2013
“Rails-to-Trails” case; New York law; third-party beneficiary; covenant not to sue agreement; scope of takings claim under the Trails Act; voluntary waiver of Fifth Amendment claims; Nollan/Dolan takings analysis and voluntary agreement Signed by Judge Firestone.

10-193L • SHARON RAULERSON, et al. V. THE UNITED STATES OF AMERICA

Filed 02/14/2013
Rails-to-trails class action; approval of settlement and attorney?s fees. Signed by Judge Margolis.

12-388C • 1200 SIXTH STREET, LLC V. THE UNITED STATES

Filed 02/14/2013
Breach of Contract Claim; Rule 12(b)(6) Motion to Dismiss; GSA Option Agreement to Purchase Real Property; Whether Option Was Ever Exercised. Signed by Judge Wheeler.

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

Filed 02/14/2013
Pre-award bid protest; disparate intra-agency decisions regarding the unconditional nature of a service-disabled veteran’s ownership of a small business; evidence of “ownership” within the meaning of 38 C.F.R. § 74.3; prejudice; remedy Signed by Judge Lettow.

12-186C • RED HAWK CONSTRUCTION, INC. V. THE UNITED STATES

Filed 02/13/2013
Dismissal of Complaint for Lack of Jurisdiction Because Plaintiff Is Without the Rights Plaintiff Claims in the Proceeds of a Government Contract Signed by Judge Hewitt.

08-286C • D’ANDREA BROTHERS LLC V. THE UNITED STATES

Filed 02/08/2013
CRADA and Licensing Agreement; Breach of the Implied Covenant of Good Faith and Fair Dealing; “Reasonableness” Standard; Prior Material Breach; Reliance Damages; Restatement (Second) of Contracts § 349 Signed by Judge Firestone.

09-158L • MARK S. RASMUSON and BRENDA S. RASMUSON, husband and wife, et al. V. THE UNITED STATES

Filed 02/08/2013
Rails to Trails; Construction of Fee Deeds under Iowa Law; No Taking Where Railroad Owns Right-of-way in Fee Signed by Judge Firestone.

10-125C • CONSTANCE SPEED V. UNITED STATES

Filed 02/07/2013
Claim for damages stemming from alleged breach of a settlement agreement; motion for summary judgment; unambiguous language of agreement; bar on use of extrinsic evidence to create ambiguity Signed by Judge Lettow.

09-242L • LOUIS A. BURGESS, et al. V. THE UNITED STATES

Filed 02/07/2013
Takings case; Cross-motions for partial summary judgment; Rails-to-Trails Act; Determination of claimant’s property interests; Preseault; Iowa law construed; Easements for railroad purposes; Railroad relocation – fee simple deeds; Deeds executed under threat of condemnation; Deeds with reverter clauses – application of Iowa Code § 614.24, Stale Users and Reversions Act (SURA); Dedication of alley to public use; Questions of fact precludes rulings as to certain parcels; Recreational trail and railbanking not encompassed within “railroad purpose”; Scope of takings; Trial. Signed by Judge Allegra.

12-125C • JAMES H. WOLLMAN V. THE UNITED STATES

Filed 02/06/2013
10 U.S.C. §1201 (2006) and 37 U.S.C. § 204(a)(2006); Military Disability Retirement; Existed Prior to Service, “EPTS”; Presumption of Incurrence and Aggravation; 28 U.S.C. § 1491(a)(2), Remand. Signed by Judge Firestone.

99-2051C • ROBERT A. ATHEY ET AL. V. THE UNITED STATES

Filed 01/30/2013
5 U.S.C. § 5596, The Back Pay Act; 5 U.S.C. §§ 5551-5552, lump-sum payment statutes; RCFC 12(b)(1), RCFC 12(b)(6); Wallace v. Office of Personnel Management, 283 F.3d 1360 (Fed. Cir. 2002); Muniz v.United States, 972 F.2d 1304 (Fed. Cir. 1992) Signed by Judge Smith.

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