USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-375C • SIERRA NEVADA CORPORATION V. THE UNITED STATES

Filed 11/01/2012
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; corrective action; negotiated procurement; basis for corrective action; reasonableness of decision to take corrective action canceling award to protestor in case at bar; reasonableness of corrective action implemented to call for new proposals based on amended solicitation. Signed by Judge Miller, C..

12-337C & 12-441C • LEONARD P. MACHULAS V. THE UNITED STATES

Filed 11/01/2012
Discrimination Claims Related to Discharge from Air Force; Lack of Subject Matter Jurisdiction; Collateral Estoppel; Statute of Limitations; No Further Actions to be Filed Without Leave of Court. Signed by Judge Wheeler.

10-853C • ADAM M. BOYLE V. THE UNITED STATES

Filed 10/31/2012
Military pay; motion for judgment on the administrative record; review of military correction board action; disability pay; remand pursuant to RCFC 52.1; Army Reg. 635-200 ¶ 14-17.g.(1) (June 6, 2005); post-traumatic stress disorder; presumption of regularity. Signed by Judge Miller, C..

05-626V • JESSIE CONTRERAS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/26/2012
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Proof of Causation; Petitioner’s Burden to Establish Prima Facie Case; Remand. Signed by Judge Bush.

12-499C • RICHARD HAKA V. THE UNITED STATES

Filed 10/26/2012
TSA Airport Passenger Screening Policies; RCFC 12(b)(1) Motion to Dismiss; Lack of Subject Matter Jurisdiction; No Money-Mandating Statute Alleged. Signed by Judge Wheeler.

11-799L • STUEVE BROS. FARMS, LLC et al. V. THE UNITED STATES

Filed 10/26/2012
Takings; Motion for Reconsideration of Dismissal of Complaint or, in the Alternative, for Leave to File an Amended Complaint Signed by Judge Hewitt.

10-540C • CANVS CORPORATION V. THE UNITED STATES

Filed 10/25/2012
Patent Claim; Insufficiency of Claim Chart; No “Timely Showing of Good Cause”; Denying Motion to Amend Claim Chart; Denying Reconsideration Under Rule 54(b); Dismissal of Claims Under Rule 41(b) Signed by Judge Hewitt.

11-742C • TANYA L. TOWNE V. THE UNITED STATES

Filed 10/25/2012
Enhanced Military Disability Severance Pay; Combat-Related Operations; Wounded Warrior Act; National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 110-181, § 1646(a), 122 Stat. 3, 472 (2008); 10 U.S.C. § 1212(c)(1)(A); Reasoned Decision making; Limitations on Chevron Deference; Remand to Army Board for Correction of Military Records, 28 U.S.C. § 1491(a)(2), RCFC 52.2. Signed by Judge Miller, G..

12-167C • JAMES RAY STANLEY V. THE UNITED STATES

Filed 10/23/2012
Wrongful Discharge from U.S. Army; Discharge for Good of the Service in Lieu of Court Martial; Statute of Limitations; Legal Disability Tolling; Accrual Suspension Rule Signed by Judge Damich.

10-445T • MARGARET V. STINE V. THE UNITED STATES

Filed 10/23/2012
Tax; Refund Suit; 26 U.S.C. § 6651(a) (2006); Illness Did Not Provide Reasonable Cause to Excuse Failure to Timely File Gift Tax Return and Payment. Signed by Judge Bush.

10-536L, 11-676L • DELARICK EVANS, In Re The Estate of Lorraine Ruth Williams also known as ESTATE of LORRAINE RUTH WILLIAMS; DELARICK EVANS V. UNITED STATES

Filed 10/22/2012
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject-Matter Jurisdiction; Failure to State a Claim; Statute of Limitations; Declaratory Judgment. Signed by Judge Horn.

12-509C • YOUR RECRUITING COMPANY, INC. V. THE UNITED STATES

Filed 10/22/2012
Bid Protest; Procurement Integrity Act; Alleged Plagiarism; De Novo Review. Signed by Judge Bruggink.

12-622C • LABORATORY CORP. OF AMERICA V. THE UNITED STATES

Filed 10/22/2012
Bid protest; Time for submitting proposal – difference between solicitation and GSA e-Buy website; Defendant argues GSA e-Buy website incorporated into solicitation; Failure to maintain any copy of the website post-award; Arguments regarding possible spoliation and sanctions to be briefed. Signed by Judge Allegra.

11-499C • HARTFORD FIRE INSURANCE COMPANY V. THE UNITED STATES

Filed 10/22/2012
Contract Disputes Act; Motion to Dismiss for Failure to State a Claim; Miller Act, 40 U.S.C. Section 3131; Equitable Subrogation Rights; Notice Requirements for Stakeholder Duty; Reasonable Discretion in Disbursing Funds Signed by Judge Futey.

09-648L • GEORGE E. SUTTON, JR., et al. V. THE UNITED STATES OF AMERICA

Filed 10/18/2012
Rails-to-Trails; Fifth Amendment Takings Clause; Application of State Property Law; California Law; RCFC 56 Cross-motions for Summary Judgment; Chain of Title Evidence Signed by Judge Hodges.

11-520C • AFGHAN AMERICAN ARMY SERVICES CORPORATION V. THE UNITED STATES

Filed 10/18/2012
REDACTED ADDENDUM TO OPINION AND ORDER Signed by Judge Williams.

11-502C • KENNEY ORTHOPEDIC, LLC, et al. V. THE UNITED STATES

Filed 10/17/2012
28 U.S.C. § 1500 (2006); 28 U.S.C. § 1561 (2006); 28 U.S.C. § 2283 (2006); RCFC 8 (rules of pleading); RCFC 9(b) (pleading fraud or mistake; conditions of mind); RCFC 12(b)(1) (subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim); RCFC 12(f) (motion to strike); RCFC 15(a)(2) (amending pleadings); Restatement (Second) of Contracts § 159 (1981). Signed by Judge Braden.

12-332C • IHS GLOBAL INC. V. THE UNITED STATES

Filed 10/16/2012
Bid protest; Challenge to Sole-Source Award Under CICA, 10 U.S.C. § 2304(c)(1); Ownership of Technical Data Rights; DFARS Provision for Resolving Data Rights Disputes; Analysis of Standing Requirements. Signed by Judge Wheeler.

11-659C • ETTEFAQ-MELIAT-HAI-AFGHAN CONSULTING, INC. V. THE UNITED STATES

Filed 10/16/2012
Post-award Bid Protest; Responsibility Determination; Corrective Action; Ineligibility Under Vendor Vetting Program; Apparent Successful Offeror. Signed by Judge Williams.

12-89C • UNION PACIFIC RAILROAD COMPANY V. THE UNITED STATES

Filed 10/16/2012
Dispute over contract for construction of railroad facilities, including two large culverts; statute of limitations; 28 U.S.C. § 2501; date of accrual of claim Signed by Judge Lettow.

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