USCFC General Jurisdiction-Reported

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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.

12-526C • SYSTEMS APPLICATION & TECHNOLOGIES, INC. V. THE UNITED STATES

Filed 12/10/2012
Bid Protest; Ability One Program; Severely Disabled Workers Signed by Judge Bruggink.

12-561C • MANAGEMENT & TRAINING CORPORATION V. THE UNITED STATES

Filed 12/07/2012
Pre-Award Bid Protest; Small-Business Set Aside; Contract to Operate Dayton Job Corps Center; Workforce Investment Act of 1998; Selection of Operators “On a Competitive Basis”; 29 U.S.C. § 2887(a); Competition in Contracting Act of 1984; “Full and Open Competition”; 41 U.S.C. § 3301; 41 U.S.C. § 3303(b); “Rule of Two”; Reasonable Expectation That At Least Two Responsible Small-Business Concerns Capable of Performing the Contract Will Submit Offers at Fair Market Prices; FAR 19.502-2(b); Preliminary Injunction Sought by Large-Business Incumbent Contractor to Stop Issuance of RFP for Follow-On Contract; Loss of Long-Time Personnel and Community Relations; Preliminary Injunction Denied. Signed by Judge Miller, G..

02-1909C • HONEYWELL INTERNATIONAL INC. V. UNITED STATES

Filed 12/05/2012
Damages for Patent Infringement, 28 U.S.C. § 1498(a); Burden of Proof; Causation; Invention Secrecy Act, 35 U.S.C. §§ 181-88; Military Specification; Remand; Standard Essential Patent. Signed by Judge Braden.

12-57C • GROUND IMPROVEMENT TECHNIQUES, et al. V. THE UNITED STATES

Filed 12/05/2012
RCFC 17(a); Real Party in Interest for Claims Transferred to Creditors in Bankruptcy Case; No Privity of Contract Between the United States and Subcontractor of Prime Contractor. Signed by Judge Bush.

09-796C • FLORENTINO L. MATA V. THE UNITED STATES

Filed 12/03/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Title VII Settlement Agreements; Money Damages in Event of Breach. Signed by Judge Wheeler.

04-09C • PORTLAND GENERAL ELECTRIC COMPANY, et al. V. THE UNITED STATES

Filed 11/30/2012
Government Contracts; Spent Nuclear Fuel; Nuclear Waste; Nuclear Repository; Damages; Pickup Exchanges Signed by Judge Bruggink.

11-335T • WYODAK RESOURCES DEVELOPMENT CORP. V. THE UNITED STATES

Filed 11/30/2012
Illegal Exaction; Office of Surface Mining (OSM); Surface Mining Control and Reclamation Act (SMCRA); Reclamation Fees; "Coal Produced"; Lignite Coal Signed by Judge Damich.

12-336C • EDWIN MARK ACKERMAN V. THE UNITED STATES

Filed 11/30/2012
Issue Preclusion; Motion to Dismiss, RCFC 12(b)(1); Pro Se; Servicemember's Civil Relief Act of 2003, 50 U.S.C. app. §§501-96 Statute of Limitations, 28 U.S.C. § 2501; Tucker Act Jurisdiction, 28 U.S.C. § 1491. Signed by Judge Braden.

10-06L • THE WARREN TRUST AND THE MARIETTA TRUST V. THE UNITED STATES

Filed 11/30/2012
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(h)(3); Summary Judgment; RCFC 56; Fifth Amendment Taking; Regulatory Taking; 28 U.S.C. § 1500; Tohono; Tecon; Order-of-Filing Rule; Categorical and Noncategorical Taking; Parcel as a Whole; Partial Regulatory Taking Signed by Judge Sweeney.

05-981C • K-CON BUILDING SYSTEMS, INC. V. THE UNITED STATES

Filed 11/30/2012
Motion to Dismiss; Cross-Motions for Summary Judgment; Contract to Design and Build Prefabricated Building; Jurisdiction; Validity of Claims; Enforceability of Liquidated Damages Clause; Challenge to Components of the Liquidated Damages Rate; Personnel Costs; Excusable Delay Signed by Judge Sweeney.

11-860C • INNA KROLL V. UNITED STATES OF AMERICA

Filed 11/29/2012
Pro Se Plaintiff; Department of Housing and Urban Development Foreclosure Sale; Earnest Money Deposit; Misrepresentation; Mistake; Contractual Right of Rescission; Preclusion; RCFC 41(a)(1), “Two Dismissal Rule” Signed by Judge Hodges.

09-619T • TERESA A. WHALEN and THOMAS WILLIAMS V. UNITED STATES OF AMERICA

Filed 11/29/2012
Exhaustion of administrative remedies; Attorneys’ fees and costs Signed by Judge Block.

12-107C • FRANK J. VISCONI V. THE UNITED STATES

Filed 11/28/2012
Correction of Military Records, 10 U.S.C. § 1552; Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; Res Judicata; Tucker Act Jurisdiction, 28 U.S.C. § 1491. Signed by Judge Braden.

12-173C • KINGDOMWARE TECHNOLOGIES, INC. V. THE UNITED STATES

Filed 11/27/2012
Bid Protest; Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-28 (2006 & West Supp. 2012); Veteran-Owned Small Business Set-Asides; Chevron Statutory Interpretation Signed by Judge Firestone.

12-601C • FIRSTLINE TRANSPORTATION SECURITY, INC. V. THE UNITED STATES

Filed 11/27/2012
Pre-Award Bid protest; TSA Procurement for Airport Security Services; Challenges to RFP Terms; Small Business Goals; Adequacy of Performance Information Furnished by Agency; Prejudice. Signed by Judge Wheeler.

12-321C • LCM ENERGY SOLUTIONS V. THE UNITED STATES

Filed 11/26/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Section 1603 of the American Recovery and Reinvestment Act of 2009; Money-Mandating Source of Law; Consequential Damages. Signed by Judge Wheeler.

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