USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-904C • JON T. HOFFMAN V. THE UNITED STATES

Filed 12/21/2012
Military Pay; Disability Determination; Military Correction Board. Signed by Judge Firestone.

04-1514L • VOTH OIL COMPANY, INC., et al. V. THE UNITED STATES

Filed 12/20/2012
Class Action Settlement; RCFC 23(e); Rails-to-Trails litigation; Attorneys’ Fees Under URA, 42 U.S.C. § 4654(c); Contingent Fee Agreement Signed by Judge Firestone.

11-263C • ALPENA MARC, LLC V. THE UNITED STATES

Filed 12/20/2012
Contracts; RCFC 56(a), summary judgment; lease of real property; base year for calculating tax adjustments; contract reformation; drafting error. Signed by Judge Miller, C..

10-111C • ERIC D. CUNNINGHAM V. THE UNITED STATES

Filed 12/20/2012
Breach of Settlement Agreement; Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1111; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Res Judicata; Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Bush.

12-627C • DELLEW CORPORATION V. THE UNITED STATES

Filed 12/20/2012
Protest of agency in-sourcing decision; 28 U.S.C. § 1491(b)(1) (2006); Department of Defense in-sourcing under 10 U.S.C. §§ 129a, 2463(e) (Supp. V 2011); standing; mootness; timing of in-sourcing decision; reasonableness of decision to in-source based on cost; equitable estoppel. Signed by Judge Miller, C..

11-160C • LAWRENCE MENDEZ, JR. V. THE UNITED STATES

Filed 12/20/2012
Military pay; Military Pay Act, 37 U.S.C. § 204 (2006); motion for judgment on the administrative record; review of correction board action; Marine Corps Order P1610.7F, Performance Evaluation System (Nov. 19, 2010); harmless error; presumption of regularity. Signed by Judge Miller, C..

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

Filed 12/20/2012
Civil Actions For Refund, 26 U.S.C. § 7422(a); Informal Claim Doctrine; Motion To Dismiss, RCFC 12(b)(1); Motion For A More Definite Statement, RCFC 12(e); Pro Se; Tax; Time To Serve A Responsive Pleading, RCFC 12(a)(4)(A)(i) Summary Judgment, RCFC 56; Waiver Doctrine. Signed by Judge Braden.

06-633C • JUDITH LOUISE CRONIN V. THE UNITED STATES

Filed 12/19/2012
Military pay; disability determination; military promotion; military correction board Signed by Judge Bruggink.

03-2830V • MARK and MELANIE WAX, as the Parents and Natural Guardians of ANDREW WAX, a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/18/2012
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 300aa-34 (2006); motion for review of findings of fact of special master; statute of limitations, 42 U.S.C. § 300aa-16(a)(2); equitable tolling. Signed by Judge Miller, C..

09-103L • DANIEL AND KATHY HAGGART, et al. V. UNITED STATES

Filed 12/18/2012
Rails-to-trails case; takings; class action with more than 500 opt-in plaintiffs; interpretation of deeds; ownership issues; liability; measuring damages Signed by Judge Lettow.

12-293C • AMERICAN APPAREL, INC. V. UNITED STATES

Filed 12/14/2012
Post-Award Bid Protest; Motion to Dismiss; Contract Modification Signed by Judge Horn.

09-63C • U.S. HOME CORPORATION, et al. V. THE UNITED STATES

Filed 12/14/2012
28 U.S.C. § 1500 (2006); United States v. Tohono O’odham Nation, 131 S. Ct. 1723 (2011); Substantially the Same Operative Facts in Suit Pending Before a District Court. Signed by Judge Allegra.

11-878C • MARY V. SIEBEN V. THE UNITED STATES

Filed 12/13/2012
Military Pay; 10 U.S.C. § 1201; Motion to Supplement the Administrative Record Signed by Judge Damich.

12-524C • STEPHAN M. MOORER V. THE UNITED STATES

Filed 12/12/2012
Pro se complaint; 28 U.S.C. § 1915 (2006) application to proceed in forma pauperis; RCFC 59(a) motion for reconsideration; three-strikes rule of 28 U.S.C. § 1915(g). Signed by Judge Miller, C..

10-101V • ERIN SILVA V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/11/2012
Vaccine Act; Attorneys’ Fees; Reasonable Basis for Claim; HPV Vaccine; Transverse Myelitis v. Conversion Disorder Signed by Judge Hodges.

11-148L • VLADIMIR KOGAN, M.D. V. THE UNITED STATES OF AMERICA

Filed 12/11/2012
Rule 83.1(a)(3) of the Rules of the United States Court of Federal Claims (RCFC); When an Individual Who Is Not an Attorney Is Entitled to the Privileges of an Attorney in This Court Pursuant to RCFC 83.1(a)(3) Signed by Judge Hewitt.

12-358T • NORMAN DOUGLAS DIAMOND AND ZAIDA GOLEÑA DEL ROSARIO V. UNITED STATES

Filed 12/11/2012
Taxation of U.S.-source income received by persons resident abroad; failure to file a proper tax return requesting a refund; application of I.R.C. § 7422(a) Signed by Judge Lettow.

07-777C • METCALF CONSTRUCTION CO., INC. V. THE UNITED STATES

Filed 12/10/2012
Accord and Satisfaction; Contract Disputes Act, 41 U.S.C. § 7109; Damages; Federal Acquisition Regulations: 32.614-1, 48 C.F.R. § 32.614-1 (interest due government); 52.211-13, 48 C.F.R. § 52.211-13 (compensable delay); 52.242-14, 48 C.F.R. § 52242-14 (delay damages exclude profit); 52.236-2(b), 48 C.F.R. § 52.236-2(b) (contracting officer’s duty to investigate a notice of a differing site condition); Interest. Signed by Judge Braden.

07-651L • THOMAS F. ABERNETHY, JR., et al. V. THE UNITED STATES

Filed 12/10/2012
RCFC 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction; statute of limitations, 28 U.S.C. § 2501; class action tolling under Bright v. United States; RCFC 56 motion for summary judgment; laches; defense prejudice. Signed by Judge Wolski.

12-261C • TIDEWATER CONTRACTORS, INC. V. THE UNITED STATES

Filed 12/10/2012
Contract Disputes Act of 1978; Motion to Dismiss; RCFC 12(b)(1); Placeway; Constructive Termination for Default Signed by Judge Sweeney.

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