USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-779C • STARR INTERNATIONAL COMPANY, INC., on its behalf and on behalf of a class of others similarly situated V. THE UNITED STATES

Filed 03/11/2013
Fifth Amendment and Illegal Exaction Claims; Certification of Class Action Under Rule 23 of the Court of Federal Claims; Appointment of Class Counsel. Signed by Judge Wheeler.

11-535C • NCL LOGISTICS COMPANY V. THE UNITED STATES

Filed 03/08/2013
Post-award Bid Protest; Supplementation of the Administrative Record; Nonresponsibility Determination; De Facto Debarment; Due Process; National Security; Disparate Treatment. Signed by Judge Williams.

13-9C • AIRCRAFT CHARTER SOLUTIONS, INC. V. THE UNITED STATES

Filed 03/08/2013
Post-Award Bid Protest; Cardinal Change Doctrine; Whether an Out-of-Scope Modification of the Awardee’s Contract Occurred; Laches. Signed by Judge Bush.

11-717T • KENNETH D. CHRISTMAN and SALLY CHRISTMAN V. THE UNITED STATES

Filed 03/06/2013
Tax; Refund Suit, 26 U.S.C. § 7422 (2006); Additions to Tax, 26 U.S.C. §§ 6651(a)(2), 6654 (2006); No Reasonable Cause, or Other Statutory Provision, to Excuse Taxpayers from Tax Penalties. Signed by Judge Bush.

13-1C • SUPREME FOODSERVICE GMBH V. THE UNITED STATES

Filed 03/04/2013
Post-award bid protest; override of the CICA automatic stay, 31 U.S.C. § 3553(d); Defense Logistics Agency Troop Support; judgment on the administrative record, RCFC 52.1; Subsistence Prime Vendor contract; stay applies when result of corrective action is protested; Reilly’s Wholesale factors; no immediate threat to health, safety or welfare supports urgent and compelling circumstances determination; best interests determination running counter to evidence; reasonable alternative; irrational cost-benefit analysis; declaratory relief. Signed by Judge Wolski.

12-27C • NEIL F. KEEHN V. UNITED STATES

Filed 03/01/2013
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations; Breach of Contract; Fifth Amendment Taking; Intellectual Property. Signed by Judge Horn.

11-483C • CHRISTOPHER W. CALDBECK V. THE UNITED STATES

Filed 02/28/2013
10 U.S.C. § 620 (Active-duty lists); 10 U.S.C. § 641 (exceptions to Active-duty lists); 10 U.S.C. § 10211 (Reserve officer participation in preparation and administration); 10 U.S.C. § 14002(a) (Reserve active-status lists); Failure To State A Claim, RCFC 12(b)(6); Judgment On The Administrative Record, RCFC 52.1; Justiciability; MILPERSMAN 1001 (FTS Reserve Officers); Military Pay Act, 37 U.S.C. § 204 (2000); OPNAVINST 1427.1 (Regulations Governing Running Mates, Precedence, and Competitive Categories for Officers of the Navy Reserve); SECNAVINST 1400.1B (Officer Competitive Categories for the Active Duty List of the Navy and Marine Corps); SECNAVINST 1420.1B (Promotion, Special Selection, Selective Early Retirement, And Selective Early Removal Boards For Commissioned Officers Of The Navy And Marine Corps); SECNAVINST 1920.6C (Administrative Separation Of Officers); Tucker Act, 28 U.S.C. § 1491 (2006). Signed by Judge Braden.

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..

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