USCFC General Jurisdiction-Reported

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11-134T • ROBERT M. HEGER V. UNITED STATES

Filed 08/21/2013
Claim for refund of taxes paid; counterclaim for taxes allegedly due; summary judgment; RCFC 56; forfeiture of fraudulent claims; 28 U.S.C. § 2514; proof of income received subject to taxation Signed by Judge Lettow.

09-844C & 10-741C • SIKORSKY AIRCRAFT CORPORATION V. UNITED STATES

Filed 08/20/2013
Post-judgment motions to modify and effectively negate a protective order; timeliness; Federal Circuit Rule 11(d); confidential commercial information; RCFC 26(c)(1)(G); cost-of-production data; competitive harm Signed by Judge Lettow.

11-389L • DENNIS J. QUEBEDEAUX, on behalf of himself and all other similarly situated persons and entities v. THE UNITED STATES

Filed 08/20/2013
Takings case; Motion to dismiss under RCFC 12(b)(6); Morganza Floodway – release of water; Iqbal/Twombly – pleading standard; Sponenbarger doctrine; Tort vs. takings; Rejection of bright line test in favor of multi-factored approach; Motion denied. Signed by Judge Allegra.

12-370C • CAROL ANN VASKO V. UNITED STATES

Filed 08/19/2013
Pro Se Plaintiff; Failure to State a Claim; Lack of Subject Matter Jurisdiction; Breach of Contract; Takings; Torts; Due Process. Signed by Judge Horn.

93-531C • AMBASE CORPORATION AND CARTERET BANCORP, INC. V. THE UNITED STATES

Filed 08/16/2013
Motion to vacate, motion for further relief, winstar-related case Signed by Judge Smith.

11-439L • ROBERT A. LUCIANO, JR., Trustee of the Robert A. Luciano Jr. Revocable Trust Dated February 27, 1995 V. UNITED STATES OF AMERICA

Filed 08/15/2013
Fifth Amendment takings; water rights takings claim; 1866 and 1891 Act ditch rights takings claim; ripeness of regulatory takings claim; standing to bring takings claim; statute of limitations for takings claim. Signed by Judge Margolis.

11-157C • BAY COUNTY, FLORIDA V. UNITED STATES

Filed 08/14/2013
Alleged partial breach of contracts for utility services provided by Bay County to Tyndall Air Force Base; Bay County as an independent regulatory body; DFARS Section 241.101; invocation of the Christian doctrine; applicability of FAR Section 54.241-7 rather than Section 54.241-8; partial summary judgment Signed by Judge Lettow.

13-223C • ST NET, INC. V. THE UNITED STATES

Filed 08/13/2013
Post-award Bid Protest; Standing under 28 U.S.C. § 1491(b)(1); Interested Party; Substantial Chance of Award; Clarifications; Agency Discretion to Exclude Offeror for Incomplete Proposal; Clerical Errors Signed by Judge Firestone.

12-727C • CANDIDA M. PEREZ V. THE UNITED STATES

Filed 08/12/2013
RCFC 12(b)(1); subject matter jurisdiction; Back Pay Act, 5 U.S.C. § 5596. Signed by Judge Damich.

13-37C • COHEN FINANCIAL SERVICES, INC. V. THE UNITED STATES

Filed 08/12/2013
Bid protest; FDIC Acquisition Policy Manual ¶ 3.210(c) (price evaluation); FDIC Acquisition Procedures, Guidance, and Information 3.206(a)(2) (required price analysis in best value procurements); 3.210(c)(2) (price realism); 3.214 (documentation of source selection); 5 U.S.C. § 706(2)(A) (review under the Administrative Procedure Act); 28 U.S.C. § 1491(b)(4) (review of bid protests); RCFC 15(a) (amended pleading). Signed by Judge Braden.

11-616C • THOMAS SMITH V. UNITED STATES

Filed 08/09/2013
Patent case; claim construction for United States Patent No. 5,970,024 Signed by Judge Lettow.

13-29C • PAUL MICHELOTTI V. THE UNITED STATES

Filed 08/07/2013
Pro Se Complaint Challenging Government Safety Standard Prohibiting Enhanced Brake Light Systems; Motion to Dismiss for Lack of Jurisdiction; Motion to Amend the Complaint Signed by Judge Hewitt.

04-1376 • NET RESULTS, INC. V. THE UNITED STATES

Filed 08/06/2013
Claim Construction; Patent Infringement, 28 U.S.C. § 1498(a); RCFC 54(b) (Motion for Reconsideration). Signed by Judge Braden.

08-1981, 07-4262 • NATHAN and DEBORAH CHILDERS, et al. V. THE UNITED STATES

Filed 08/05/2013
Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; Just Compensation; Fair Market Value of Property Pre- and Post-Taking; Severance Damages; Conversion Land Damages; Cost to Cure; Buffering; Loss of Access; Unit Rule; Noneconomic Remainder; Highest and Best Use; Private Deed Restrictions; Public Use Restrictions; Zoning; Covenants, Conditions, and Restrictions; Expert Disclosures; Striking Expert Testimony. Signed by Judge Williams.

13-189C • MARCUM LLP V. UNITED STATES

Filed 08/02/2013
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Criminal Justice Act, 18 U.S.C. § 3006A; Fifth Amendment Takings Claim Signed by Judge Horn.

12-374C • AEROPLATE CORP. V. THE UNITED STATES

Filed 08/01/2013
Subcontractors’ Motion to Intervene; RCFC 24(a)(2) Signed by Judge Sweeney.

12-859C • JULIO A. RAMOS V. THE UNITED STATES

Filed 08/01/2013
Takings; 28 U.S.C. § 2501 (2006); RCFC 12(b)(1); RCFC 12(b)(6); Untimely Claim; Confiscation of Property at Time of Criminal Arrest Not a Taking for Public Use; Res Judicata Signed by Judge Bush.

11-466C • AUDREY S. WAGSTAFF V. THE UNITED STATES

Filed 07/31/2013
Pro Se; Takings; Illegal exactions; Motion for Summary Judgment, RCFC 56(c); 31 U.S.C. Section 3720A (2006) (authorizing tax refund offsets against taxpayers who owe debts to federal agencies); 31 U.S.C. Section 3720D (2006) (authorizing wage garnishments against persons who owe debts to federal agencies); Fed. R. Evid. 902(4) (certified copies of public records); RCFC 34(a)(1) (authorizing inspection of original documents). Signed by Judge Braden.

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

Filed 07/31/2013
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); “Rule of Two”; FAR 19.502-2(b). Signed by Judge Miller, G..

12-818C • KAREEM R. ROCK V. THE UNITED STATES

Filed 07/31/2013
Motion for Judgment on the Administrative Record; RCFC 52.1; Disability Retirement Pay Claim Under 10 U.S.C. § 1201 Signed by Judge Hewitt.

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