USCFC General Jurisdiction-Reported

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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.

13-378C • BCPEABODY CONSTRUCTION SERVICES, INC. V. UNITED STATES

Filed 09/25/2013
Post-award bid protest; best-value negotiated procurement conducted under FAR Part 15; a procurement official’s discretion to seek clarification of minor or clerical errors in offers; FAR § 15.306(a)(2); abuse of discretion Signed by Judge Lettow.

12-102C • DOTCOM ASSOCIATES I, LLC v. UNITED STATES OF AMERICA

Filed 09/23/2013
Failure to state a claim; Implied covenant of good faith and fair dealing; Leave to amend a complaint Signed by Judge Block.

10-192T • SALEM FINANCIAL, INC. v. UNITED STATES

Filed 09/20/2013
Tax Refund Suit; STARS Structured Transaction Between BB&T Bank and Barclays Bank; Availability of Foreign Tax Credits From Payment of United Kingdom Taxes; Deductions for Interest and Transaction Costs; Economic Substance Doctrine Applied to Trust and Loan Components of Transaction; Assessment of Penalties. Signed by Judge Wheeler.

06-539C • FRANK GAYLORD v. UNITED STATES

Filed 09/20/2013
Copyright Infringement; Measure of Damages for Postal Service’s Use of Copyrighted Image on Postage Stamp; 28 U.S.C. § 1498 (b); 17 U.S.C. § 504; Zone of Reasonableness Based Upon Evidentiary Record. Signed by Judge Wheeler.

13-245C • SUPREME FOODSERVICE GMBH V. THE UNITED STATES

Filed 09/18/2013
Post-Award protest; Responsibility evaluation; Discussions; Responsiveness; Equality of evaluations. Signed by Judge Merow.

12-894L • COPAR PUMICE COMPANY, INC., et al. V. THE UNITED STATES

Filed 09/18/2013
Fifth Amendment Taking; Breach of Settlement Agreement; Forest Service regulation of pumice mines under the Mining Law, 30 U.S.C. §§ 22-42, Common Varieties Act, 30 U.S.C. § 611 et seq., and Jemez National Recreation Area Act, 16 U.S.C. § 460jjj; statute of limitations; collateral estoppel; res judicata; promissory estoppel; unjust enrichment; misrepresentation Signed by Judge Firestone.

13-290C • ARCHURA LLC v. THE UNITED STATES

Filed 09/17/2013
Post-Award Bid Protest; Unequal Treatment; Lack of Prejudice; No Substantial Chance of Award; Clarifications; Patent Ambiguity Signed by Judge Firestone.

13-51X • THOMAS CHARLES BEAR, et al., v. THE UNITED STATES

Filed 09/17/2013
Congressional Reference Case; Rule 12(b)(1) Motion to Dismiss; Effect of Other Pending Cases; Legal v. Equitable Claims; Indian Canons of Construction. Signed by Judge Wheeler.

09-184C • SEVEN RESORTS, INC. v. UNITED STATES

Filed 09/16/2013
Partial Summary Judgment; National Parks Service Concessions Contract; Valuation of Concessioner’s Possessory Interest; Leasehold Surrender Interest; Statutory Interpretation; Contract Interpretation; Implied-in-Fact Contract. Signed by Judge Horn.

12-913C • SAMY GHARB v. THE UNITED STATES

Filed 09/12/2013
Pro se Plaintiff; RCFC 12(b)(6); 28 U.S.C. § 1498(a); Sufficiency of a Complaint’s Factual Allegations; Conclusory Statements Signed by Judge Sweeney.

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

Filed 09/04/2013
Motion for Reconsideration;Pro Se Plaintiffs; Frivolous Claims; Sanctions Warranted Signed by Judge Hewitt.

12-175C • JOHNATHAN DANIEL KING, et al., v. THE UNITED STATES

Filed 08/30/2013
Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b); Motion to Transfer Denied; Court of Federal Claims may hear FLSA cases after Supreme Court’s decision in United States v. Bormes, 133 S. Ct. 12 (2012) Signed by Judge Firestone.

11-877C • AAA PHARMACY, INC. v. THE UNITED STATES

Filed 08/30/2013
Summary Judgment; Fifth Amendment Taking; Medicare Part B, 42 U.S.C. 1395 et seq. (2000); 42 C.F.R. § 405.874; Regulatory Taking; Extraordinary Delay; Revocation and Reinstatement of Medicare Billing Privileges; Bad Faith. Signed by Judge Williams.

12-836 L • SHINNECOCK INDIAN NATION v. THE UNITED STATES

Filed 08/29/2013
Court Lacks Jurisdiction over Claims by Federally Recognized Indian Tribe for Denial of Effective Redress in Federal Courts; Amendment of Pleadings; Judicial Takings Claim Fails to State a Claim upon Which Relief Can Be Granted Signed by Judge Hewitt.

13-258C • ALICIA CONNOLLY-LOHR v. UNITED STATES

Filed 08/29/2013
Civilian pay claim; application of the regulations of the Office of Personnel Management that govern the rates of pay for General Schedule employees; 5 C.F.R. § 531.211(b) Signed by Judge Lettow.

08-848C • LUMMI TRIBE OF THE LUMMI RESERVATION, LUMMI NATION HOUSING AUTHORITY, FORT BERTHOLD HOUSING AUTHORITY, AND HOPI TRIBAL HOUSING AUTHORITY v. THE UNITED STATES

Filed 08/29/2013
Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. §§ 4101–4212 (2006): 24 C.F.R. § 1000.318, a regulation directing the Department of Housing and Urban Development to remove housing units that are no longer owned or operated by a tribe from the Formula Current Assisted Stock component of the tribe’s funding calculation, does not conflict with the statutory mandate, found at 25 U.S.C. § 4152(b)(1), that the allocation formula be based on housing units a tribe owned or operated as of September 30, 1997. Signed by Judge Wiese.

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