USCFC General Jurisdiction-Reported

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06-835C, 06-853C, 06-858C, 07-82C • GULF GROUP GENERAL ENTERPRISES CO. W.L.L. V. UNITED STATES

Filed 07/17/2013
False Claims Act, 31 U.S.C. § 3729; Special Plea in Fraud, 28 U.S.C. § 2514; Contract Disputes Act, 41 U.S.C. § 604; Rescission and Disgorgement; Termination; Breach of Contract; Abuse of Discretion; Demurrage. Signed by Judge Horn.

13-198C • MCAFEE, INC. V. UNITED STATES

Filed 07/17/2013
Pre-award bid protest; jurisdiction; standing; brand-name, sole-source procurement; Competition in Contracting Act, 41 U.S.C. § 3301; 10 U.S.C. § 2304(a)(1); factors governing equitable relief; interests of national defense and national security; 28 U.S.C. § 1491(b)(3) Signed by Judge Lettow.

12-529L • QUAPAW TRIBE OF OKLAHOMA V. THE UNITED STATES

Filed 07/16/2013
Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders. Signed by Judge Wheeler.

12-431L • GRACE M. GOODEAGLE, et al. V. THE UNITED STATES

Filed 07/16/2013
Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders. Signed by Judge Wheeler.

11-236C • DEMODULATION, INC. V. THE UNITED STATES

Filed 07/12/2013
Cooperative Research and Development Agreement; Foreign Sovereign Immunities Act of 1976, Pub. L. No. 94-583, 90 Stat. 2891; Motion to Dismiss, RCFC 12(b)(1); Stevenson-Wydler Technology Innovation Act of 1980, codified as amended at 15 U.S.C. §§ 3701-22 (2006); 35 U.S.C. § 41(c) (delayed payment of patent maintenance fees); 37 C.F.R. § 1.378(b) (same); 10 C.F.R. § 782 (patent infringement claims against the Department of Energy); RCFC 12(f)(1) (striking text from a pleading); RCFC 19(a)(1) (joinder); RCFC 56 (summary judgment). Signed by Judge Braden.

13-145C • THE McVEY COMPANY, INC. V. THE UNITED STATES

Filed 07/09/2013
Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1(c); Best Value Evaluation; Organizational Conflict of Interest; Corrective Action Signed by Judge Hewitt.

06-167L • OTAY MESA PROPERTY, L.P., et al. V. THE UNITED STATES

Filed 07/08/2013
Motion for Reconsideration; Recovery of Interest for Permanent Taking of Non-Exclusive Easement Under Fifth Amendment; Determination of the Starting Date for Calculation of Interest. Signed by Judge Wheeler.

12-723C • MAJOR W.D. FOSTER V. THE UNITED STATES

Filed 07/03/2013
Subject Matter Jurisdiction; Claim Under Traumatic Injury Act, 38 U.S.C § 1980A; Statutory Provision Designating District Court Jurisdiction; Sua Sponte Transfer to a Court of Appropriate Jurisdiction, 28 U.S.C. § 1631. Signed by Judge Wheeler.

12-432T • THE CHEESECAKE FACTORY INC. V. THE UNITED STATES OF AMERICA

Filed 07/03/2013
Granting Motion to Dismiss for Lack of Jurisdiction; Claim for Refund for Tax Year as to Which Plaintiff Received a Notice of Deficiency and Filed a Petition in the Tax Court; I.R.C. § 6512(a) Signed by Judge Hewitt.

13-246C • MVS USA, INC. V. UNITED STATES

Filed 07/02/2013
Post-award protest of a procurement award by the Defense Information Systems Agency for satellite communications services; alleged unequal treatment of offerors; FAR 8.405-2(c)(3)(iii)(C); standing Signed by Judge Lettow.

11-886T • JAMES M. LANGAN, JR., as the executor of the estate of Eleanor F. Langan V. THE UNITED STATES

Filed 06/28/2013
Tax refund; statute of limitations; presumption of timely filing. Signed by Judge Bruggink.

07-4261L • McCANN HOLDINGS, LTD. V. THE UNITED STATES

Filed 06/27/2013
Fifth Amendment Taking; Rails-to-Trails; 16 U.S.C. § 1241 et seq.; Just Compensation; Valuation; Severance Damages; Buffering; Berming; Cost to Cure; Loss of Access. Signed by Judge Williams.

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

Filed 06/26/2013
Fifth Amendment Taking and Illegal Exaction Claims; Motions to Dismiss Shareholder Derivative Action Due to Corporation’s Refusal of Plaintiff’s Demand Under RCFC 23.1; Application of Business Judgment Rule Under Delaware Law; Waiver of Demand Futility Argument by Making Demand; Independence of Board Members Appointed During Government Control; Whether Counsel Advising Corporation Had Conflict of Interest; Standing to Bring Direct Claims. Signed by Judge Wheeler.

13-100C • SAMY GHARB V. THE UNITED STATES

Filed 06/25/2013
MEMORANDUM OPINION AND ORDER Signed by Judge Firestone.

12-382L • BILOXI MARSH LANDS CORP. V. UNITED STATES OF AMERICA

Filed 06/24/2013
Fifth Amendment Taking; Inverse Condemnation; Statute of Limitations; Erosion; Mitigation; Dickinson principle; Mildenberger; Banks; Applegate Signed by Judge Hodges.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE V. THE UNITED STATES

Filed 06/24/2013
Tribal trust case; Trial; Standard of review; Cheyenne-Arapaho Tribes – statutes give rise to fiduciary obligation to maximize trust income by prudent investment; Breach of trust – investment decisions; Underinvestment – investing in short-term investments/lack of diversification; Liquidity; Pooling; Unauthorized disbursements; Deposit lag; Negative interest; Damages; Standard for damages for breach of trust; Use of investment modeling techniques; Evaluation of hypothetical portfolios; Damages determined for period of suit; No damages awarded for period from 1992 to present; Damages for breach of trust; Damages for deposit lag. Signed by Judge Allegra.

09-289L • THE DANA R. HODGES TRUST, et al., V. THE UNITED STATES

Filed 06/21/2013
Rails-to-Trails; Crossing Rights; National Trails System Act; Trail Use Agreements; Whether State Law Property Rights Pre-empted Signed by Judge Damich.

13-296C • TRAILBOSS ENTERPRISES, INC. V. THE UNITED STATES

Filed 06/18/2013
Jurisdiction Under 28 U.S.C. § 1291(b)(1) and (2); Contract Awardee Challenges Price; Terms of Contract Signed by Judge Firestone.

11-511C • SYSTEM FUELS, INC. V. THE UNITED STATES

Filed 06/13/2013
10 C.F.R. pt. 171 (Nuclear Regulatory Commission fees); RCFC 16(b)(4) (modification of scheduling orders). Signed by Judge Braden.

13-319C • IAN OWEN SHARPE et al. v. THE UNITED STATES

Filed 06/13/2013
Prison Mailbox Rule Applicable to Filing of Incarcerated Plaintiffs' Pro Se Complaint Signed by Judge Hewitt.

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