USCFC General Jurisdiction-Reported

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11-453C • SUFI NETWORK SERVICES, INC. v. THE UNITED STATES

Filed 10/16/2013
Recovery of Attorneys’ Fees, Expenses, and Interest; Lodestar Method; Attorneys’ Reasonable Rates and Hours Expended; Overhead and Profit. Signed by Judge Wheeler.

00-40C • GENERAL MOTORS CORPORATION v. THE UNITED STATES

Filed 10/10/2013
Original Cost Accounting Standards (“CAS”) 413.50(c)(12) segment closing adjustment; calculation of “actuarial liabilities” under CAS 413.50(c)(12); pension benefit increases added shortly prior to segment closing do not result in “inequitable” segment closing calculation Signed by Judge Firestone.

11-456T • JONATHAN L. KAPLAN v. THE UNITED STATES

Filed 10/09/2013
Rule 12(b)(1) Motion to Dismiss; 26 U.S.C. § 6672; Tax Refund Suit; Divisible Tax; Cohan Rule; Payroll Taxes Signed by Judge Wheeler.

12-484C • FASTSHIP, LLC v. UNITED STATES

Filed 10/09/2013
Patent case; claim construction for United States Patents Nos. 5,080,032; 5,231,946 Signed by Judge Lettow.

09-108 T • AMERGEN ENERGY CO., LLC, by and through EXELON GENERATION CO., LLC, tax matters partner v. THE UNITED STATES

Filed 10/08/2013
Tax; Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), 26 U.S.C. §§ 6221-6234 (2006); Adjustment of Partnership Tax Items; 26 U.S.C. §§ 461(h), 468A, 1012 (2006); Economic Performance Rule; Cost Bases of Acquired Nuclear Power Plants Do Not Include Decommissioning Liabilities. Signed by Judge Bush.

00-512L • PETRO-HUNT, L.L.C. v. THE UNITED STATES

Filed 10/04/2013
Denial of protective order; Fees and costs under RCFC 37; Opportunity to be heard; Plaintiff’s motion for protective order was not “substantially justified”; No circumstances make an award unjust; Attorney’s fees awarded. Signed by Judge Allegra.

13-597 C • TRC GLOBAL SOLUTIONS, INC. v. UNITED STATES OF AMERICA

Filed 10/04/2013
Subject-matter jurisdiction Signed by Judge Block.

13-596 C • CAPITAL RELOCATION SERVICES, LLC v. UNITED STATES OF AMERICA

Filed 10/04/2013
Subject-matter jurisdiction Signed by Judge Block.

13-592 C • BROOKFIELD RELOCATION INC. v. UNITED STATES OF AMERICA

Filed 10/04/2013
Pre-award bid protest; Subject-matter jurisdiction; Ripeness; Standing; Mootness Signed by Judge Block.

12-45 L • THE HOPI TRIBE, a federally recognized Indian Tribe v. UNITED STATES OF AMERICA

Filed 10/04/2013
Motion to dismiss; Subject-matter jurisdiction; Sovereign immunity; Indian trust Signed by Judge Block.

11-681C • ANNETTE E. JONES; NORMAN SAMPSON;WAYNE RANDOLF SCOTT, ROLAND SIMMONS; HAZELLA THORNHILL, SIDNEY WALLACE, ANTHONY WILLIAMS, MICHAEL YAHKO, for themselves and on behalf of all others similarly situated v. THE UNITED STATES

Filed 10/02/2013
Overtime pay case; Motion to dismiss under RCFC 12(b)(1); Fathauer; Statute of limitations – 28 U.S.C. § 2501; Back Pay Act does not alter six-year statute of limitations; Equitable estoppel – OPM v. Richmond; Claims beyond statutory period dismissed. Signed by Judge Allegra.

13-671C • MORI ASSOCIATES, INC. v. THE UNITED STATES

Filed 10/01/2013
Pre-award bid protest; GSA Federal Supply Schedules; government-wide acquisition contract; task order solicitation; FASA protest prohibition, 41 U.S.C. § 4106(f); no jurisdiction over protest of selection of task order vehicle to obtain help desk services. Signed by Judge Wolski.

11-564C • MICHAEL ETCHEGOINBERRY, et al. V. UNITED STATES

Filed 09/30/2013
Fifth Amendment Takings; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Stabilization Doctrine; Justifiable Uncertainty. Signed by Judge Horn.

13-185C • SPERIENT CORPORATION, INC. V. THE UNITED STATES

Filed 09/30/2013
Contract Disputes Act, 41 U.S.C. §§ 601–13 (now codified at 41 U.S.C. §§ 7101–09); Federal Acquisition Regulations 48 C.F.R. pt. 31 (Contract Cost Principals and Procedures); 48 C.F.R. subpt. 31.2 (Contracts with Commercial Organizations); 48 C.F.R. § 52.233-1 (Disputes); 48 C.F.R. § 52.216-7 (Allowable Cost and Payment); Jurisdiction (RCFC 12(b)(1)); 15 U.S.C. § 638(a)–(e) (Small Business Innovation Research Program). Signed by Judge Braden.

12-865 • SIGMA CONSTRUCTION, INC., a/k/a SIGMA SERVICES, INC. v. THE UNITED STATES

Filed 09/30/2013
Administrative Procedure Act, 5 U.S.C. § 706; Contract Disputes Act, 41 U.S.C. § 7103; Declaratory Relief Act, 28 U.S.C. § 2201; Duty of Good Faith and Fair Dealing; Federal Acquisition Regulation, 2.101 (contract modification); 43.103(a) bilateral contract modification); 49.001 (settlement agreement); 49.107 (audit of settlement proposals); 52.249-2(a) (termination for convenience of the Government –fixed price); Small Business Act, 15 U.S.C. § 637(a)(1)(B); Motion to Dismiss, RCFC 12(b)(1) (lack of subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim). Signed by Judge Braden.

13-369 C • MICHEAL WAYNE LONG v. THE UNITED STATES

Filed 09/30/2013
Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; 28 U.S.C. § 2501 Signed by Judge Braden.

04-1123C • ZIP-O-LOG MILLS, INC., d/b/a, ZIP-O TIMBER CO. v. THE UNITED STATES

Filed 09/30/2013
Timber Sale Contract; Summary Judgment; Futility of Trial; Effective Termination Date; Compensation for Termination of Timber Sale; RCFC 30(b)(6). Signed by Judge Williams.

12-861C • THOMAS R. CORNISH v. THE UNITED STATES

Filed 09/30/2013
Judicial pay; Judicial COLAs; Bankruptcy judges; 28 U.S.C. § 153(a); Beer v. United States. Signed by Judge Bruggink.

13-494C • JACQUELINE R. SIMS, aka JRS STAFFING SERVICES V. THE UNITED STATES

Filed 09/30/2013
Pre-Award Bid Protest; Preliminary Tasks Set Forth in the Solicitation As “Special Contract Conditions” Which Will Occur Before a Task Order Issues Under the Contract Are Not Contract Performance and Are Not Improper. Signed by Judge Bush.

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

Filed 09/27/2013
Motion to Certify Court Order for Interlocutory Review; 28 U.S.C. § 1292(d)(2); Timeliness of Motion; Factors to be Considered; Whether a Novel and Controlling Issue is Presented; Whether a Fuller Record After Trial Would Aid Appellate Review; Whether an Immediate Appellate Review Would Materially Advance the Termination of the Litigation. Signed by Judge Wheeler.

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