USCFC General Jurisdiction-Reported

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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.

12-402C • REEMA CONSULTING SERVCES, INC. V. THE UNITED STATES

Filed 11/26/2012
Post-award bid protest; Cross-motions for judgment on the administrative record; Plaintiff lacks standing to challenge agency corrective action; Bid proposal and preparation costs; Standard for the award of bid proposal and preparation costs; Plaintiff failed to show that it unnecessarily incurred costs due to a prejudicial error committed by defendant. Signed by Judge Allegra.

12-292C • COLIE L. DAVIS V. UNITED STATES

Filed 11/21/2012
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations; 10 U.S.C. § 3914; 10 U.S.C. § 1176; 37 U.S.C. § 204; Army Regulation 600–200; Army Regulation 635–200 Signed by Judge Horn.

08-910L • MARIA TOSCANO et al. V. THE UNITED STATES

Filed 11/20/2012
Constitutional Takings; Rails-to-Trails Act; Construction of Deeds; “State of Maine Transaction”; Apportionment of Easement; Extinguishment of Entire Easement; Valuation of Interest Taken. Signed by Judge Bruggink.

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

Filed 11/20/2012
Fifth Amendment Taking; Tucker Act, 28 U.S.C. § 1491(a)(1); Subject-Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6); Implied-In-Fact Contract; Social Security Act, Medicare Part B, 42 U.S.C. ch. 7, subch. XVIII; 42 C.F.R. §§ 405.874, 414.200-414.232, 421.210, 424.57, 489.13; Preemption. Signed by Judge Williams.

11-671L • LILIAN JACKSON, et al. V. THE UNITED STATES OF AMERICA

Filed 11/20/2012
28 U.S.C. § 1500; Subject matter jurisdiction Signed by Judge Block.

09-460L • DOUGLAS R. BIGELOW TRUST, JAMIE MORTENSON, et al. V. THE UNITED STATES

Filed 11/19/2012
Cross-motions for summary judgment; National Trails System Act; Takings – Preseault; Construction of deed; Michigan law applied; Deed unmistakably expressed grantor’s intent to convey fee simple to railroad; No takings of parcel. Signed by Judge Allegra.

11-690C • SCIENCE APPLICATIONS INTERNATIONAL CORP. V. THE UNITED STATES

Filed 11/19/2012
Post-award bid protest; deference to Agency adjectival ratings; disparate treatment; technically unacceptable; best value; prejudice. Signed by Judge Merow.

11-130C • RETURN MAIL, INC. V. THE UNITED STATES

Filed 11/16/2012
Motion to Disqualify Proposed Expert Witness Signed by Judge Merow.

08-920L • GENEVA ROCK PRODUCTS, INC. V. UNITED STATES

Filed 11/16/2012
Rails-to-trails case; takings; class action; interpretation of railroad easement granted under the 1875 General Railroad Right-of-Way Act; 43 U.S.C. §§ 934-939; ownership issues; liability; reopening class; measuring damages Signed by Judge Lettow.

07-175V • MEGAN VAUGHAN, on behalf of her daughter, A.H. V. THE UNITED STATES

Filed 11/14/2012
Vaccine Act, 42 U.S.C. §§ 300aa-1 et seq.; Review of Special Master’s Decision; off-table injury; Pediarix, hemophilus influenza type b & pneumococcal conjugate vaccines. Signed by Judge Damich.

12-251C • RES-CARE, INC. V. THE UNITED STATES

Filed 11/09/2012
Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction Signed by Judge Bruggink.

10-695C • HECTOR SANTIAGO V. THE UNITED STATES

Filed 11/08/2012
The Equal Pay Act, 29 U.S.C. § 206(d): (1) Statute of Limitations. Defendant may assert a statute of limitations defense, despite having failed to plead such a defense in its answer to the complaint, where plaintiff suffers no prejudice as a result. Mere awareness of the Equal Pay Act is insufficient to prove that defendant’s alleged violation of the Act was willful and thus that the statute of limitations period should be extended from two to three years. 29 U.S.C. § 255(a). (2) Prima Facie Case. Plaintiff has failed to make a prima facie case under the Equal Pay Act where plaintiff did not perform two significant tasks associated with the position of supervisor and therefore did not show that his work was substantially equal to the work of his female comparator. Signed by Judge Wiese.

11-804C • SUFI NETWORK SERVICES, INC. V. THE UNITED STATES

Filed 11/08/2012
Non-Appropriated Funds Contract for Telephone Services on U.S. Air Force Bases in Germany; Wunderlich Act Review of Board of Contract Appeals Decision; Burden of Proof on Damages; Standards of Review for Legal and Fact Issues; Wilful Breach of Contract. Signed by Judge Wheeler.

11-866C • TAMMY T. SILBAUGH V. THE UNITED STATES

Filed 11/07/2012
Military pay; denial of request to increase disability rating; Physical Disability Board of Review, 10 U.S.C. § 1554a (Supp. II 2008); 38 U.S.C. §§ 4.14, 4.126(d) (2011) (“VASRD”) (pyramiding of disabilities); VASRD § 4.129 (post-traumatic stress); VASRD § 4.130 (major depressive disorder). Signed by Judge Miller, C..

08-610C • TEXTAINER EQUIPMENT MANAGEMENT LIMITED, et al. V. THE UNITED STATES

Filed 11/06/2012
Fifth Amendment Taking; Sovereign Versus Proprietary Capacity; Real Party in Interest under RCFC 17; “Buyer in the Ordinary Course” and “Entrustment” Under the Uniform Commercial Code Signed by Judge Firestone.

06-945L • NAVAJO NATION V. THE UNITED STATES

Filed 11/06/2012
Tribal trust case; E-discovery order; Production of Electronically Stored Information (ESI); Privileges; Clawback agreement under Fed. R. Evid. 502(d) Signed by Judge Allegra.

12-353C • J.C.N. CONSTRUCTION, INC. V. UNITED STATES

Filed 11/06/2012
Post-award protest of a procurement award by the Postal Service of work to renovate the HVAC system in the principal post office in Portland, Maine; unequal treatment of offerors; evaluation of past performance; the covenant of good faith and fair dealing; prejudice; remedy Signed by Judge Lettow.

02-101C • YOLANDA QUIMBY, et al. V. THE UNITED STATES

Filed 11/05/2012
Class action settlement; RCFC 23(e),(h); RCFC 54(d); paid leave; nighttime and weekend additional pay; 38 U.S.C. §§ 7453, 7454; attorneys’ fees as a percentage of the common fund. Signed by Judge Wolski.

06-150C • VERIDYNE CORPORATION V. THE UNITED STATES

Filed 11/05/2012
Contract Disputes Act of 1978, 41 U.S.C. § 7103(c)(2) (Supp. IV 2011) (anti-fraud provision); costs of review; attorneys’ fees; documentation of costs. Signed by Judge Miller, C..

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