USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-520C • AFGHAN AMERICAN ARMY SERVICES CORPORATION V. THE UNITED STATES

Filed 10/15/2012
Post-award Bid Protest; Responsibility Determination; Supplementation of the Administrative Record; Referral for Proposed Debarment; Withdrawal of Proposed Debarment; Disparate Treatment; Remand. Signed by Judge Williams.

11-894C • ATLANTIC DIVING SUPPLY, INC. V. THE UNITED STATES

Filed 10/11/2012
Bid Protest; Deference Due to Agency Technical Ratings; Internal Agency Documents; Change in Score Upon Reevaluation; Disparate Treatment of Offerors; Agency’s Discretion to Conduct Discussions Signed by Judge Firestone.

10-60C • LISA ADAMS, et al., on behalf of themselves and all others similarly situated V. THE UNITED STATES

Filed 10/11/2012
Class Action Settlement; 38 U.S.C. §§ 7453, 7454; RCFC 23(e)(2)(Settlement of class action). Signed by Judge Braden.

12-325C • PHOENIX MANAGEMENT, INC. V. THE UNITED STATES

Filed 10/09/2012
Bid protest; Executive Order 13,495, 74 Fed. Reg. 6103 (2009); Federal Acquisition Regulations 3.104-7(a)(1) (duty to report violations involving proprietary or source selection sensitive information); 9.504(c) (resolving organizational conflicts of interest); 15.303(b) (source selection authority responsibilities); 15.305(a) (evaluation of competitive proposals); Procurement Integrity Act, 41 U.S.C. § 423 (2006); Restatement Second) of Contracts § 159 (1981); Restatement (Second) of Torts, § 652C (1977); Supplementation of Administrative Record Signed by Judge Braden.

99-697V • DONALD R. MASIAS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/05/2012
Vaccine Act; Appeal of Attorneys’ Fees, “Fees on Fees”; Wagner v. Shinseki, 640 F.3d 1255 (Fed. Cir. 2011); “Lodestar” Method; Nonprecedential Order Signed by Judge Hodges.

12-605C • CAREY W. BROOKER et al V. THE UNITED STATES

Filed 10/04/2012
Lack of Subject Matter Jurisdiction; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court's Inherent Power Signed by Judge Hewitt.

11-895C • EXTREME COATINGS, INC. V. THE UNITED STATES

Filed 10/03/2012
Contract Disputes Act; Failure of Contractor to Submit Claim to Contracting Officer Where Jurisdiction Exists as to Other Claims; Issuance of Stay for Contracting Officer to Issue Final Decision on Non-Identical Claim is in Best Interests of Judicial Efficiency. Signed by Judge Wheeler.

12-183L • CLARENCE and HELEN ANN CHAPMAN, et al. V. THE UNITED STATES

Filed 10/02/2012
Takings; Tucker Act, 28 U.S.C. § 1491(a) (2006); wildfire control; destruction of timber; destruction of personal property; RCFC 12(b)(6) motion to dismiss for failure to state a claim; whether fact-intensive nature of takings jurisprudence counsels against a rule that insulates from a takings claim governmental activity to stop the spread of a wildfire that destroys property. Signed by Judge Miller, C..

12-317C • GOLDEN MANUFACTURING CO., INC. V. THE UNITED STATES

Filed 10/01/2012
Pre-Award Bid Protest; Cardinal Change Doctrine; Whether Amendment of Solicitation Requires New Competition; Proper Standing Test for Pre-Award Bid Protests When Bids Have Been Received and Evaluated. Signed by Judge Bush.

08-349C • CHARLES J. RUSSELL V. THE UNITED STATES

Filed 09/28/2012
Motion for Judgment on the Administrative Record; Arbitrary and Capricious Standard of Review; Substantial Evidence, Physical Evaluation Board; Disability Rating; 10 U.S.C. § 1201; 38 C.F.R. § 4.130. Signed by Judge Smith.

08-196C • C.R. PITTMAN CONSTRUCTION COMPANY, INC. V. UNITED STATES

Filed 09/28/2012
Cross-Motion for Summary Judgment; RCFC 56(c); Hurricane Katrina; Sovereign Acts Doctrine; Impossibility Exception to Sovereign Acts Doctrine Signed by Judge Smith.

10-204C • UNIGLOBE GENERAL TRADING & CONTRACTING CO., W.L.L. V. THE UNITED STATES

Filed 09/27/2012
Contract Disputes Act of 1978, 41 U.S.C.A. §§ 7101-7109, (West 2011); Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C.§ 2501 (2006) Signed by Judge Bush.

09-428C & 09-578C • KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES

Filed 09/27/2012
Contracts; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2006); equitable adjustment; cost-reasonableness determination; trial; provision of DFAC (dining facility) services to troops in Iraq; cost-plus-award-fee for government contract; fixed-price contract for subcontractor-provider. Signed by Judge Miller, C..

93-655C • ANAHEIM GARDENS, et al. V. THE UNITED STATES

Filed 09/26/2012
Low-Income Housing; Affordability Restrictions; Prepayment; ELIHPA; LIHPRHA; Ripeness; Administrative Exhaustion; Futility; Windfall Profits Test; Summary Judgment Signed by Judge Damich.

93-655C • ANAHEIM GARDENS, et al. V. THE UNITED STATES

Filed 09/26/2012
Low-Income Housing; Contractual Right to Prepay; Summary Judgment Signed by Judge Damich.

07-273L & 08-198L • STEPHEN J. ROGERS, et al. V. THE UNITED STATES

Filed 09/25/2012
Motion for Partial Summary Judgment; RCFC 56; Class Action; Fifth Amendment Takings; Rails-to-Trails Act, 16 U.S.C. §§ 1241-51 (2006); Florida Law; Fee Simple; Right-of-Way; Easement Under Florida Law; Fee Simple Determinable; Prescriptive Easement; Adverse Possession. Signed by Judge Williams.

07-273L , 08-198L • STEPHEN J. ROGERS, et al., V. THE UNITED STATES

Filed 09/25/2012
Motion for Partial Summary Judgment; RCFC 56; Class Action; Fifth Amendment Takings; Rails-to-Trails Act, 16 U.S.C. §§ 1241-51 (2006); Florida Law; Fee Simple; Right-of-Way; Easement Under Florida Law; Fee Simple Determinable; Prescriptive Easement; Adverse Possession. Signed by Judge Williams.

08-939C • YAKAMA NATION HOUSING AUTHORITY V. THE UNITED STATES

Filed 09/25/2012
Lummi Tribe v. United States, 99 Fed. Cl. 584 (2011); NAHASDA Reauthorization Act of 2008, Pub. L. No. 110-411, 122 Stat. 4319 Trusts Signed by Judge Smith.

12-5C • AHMED HALIM V. THE UNITED STATES

Filed 09/24/2012
28 U.S.C. § 1500; Declaratory and Injunctive Relief; RCFC 12(b)(1) Signed by Judge Hewitt.

12-18C • PEGGY S. JOHNSON V. THE UNITED STATES

Filed 09/21/2012
Equal Access To Justice Act, 28 U.S.C. § 2412; Motion to Dismiss, RCFC 12(b)(1); Motion to Dismiss, RCFC 12(b)(6); Settlement Agreement; Tucker Act Jurisdiction, 28 U.S.C. § 1491; 29 C.F.R. § 1614.407(c) (Title VII civil actions); 29 C.F.R. § 1614.504(a), (b), (c) (Compliance with settlement agreements). Signed by Judge Braden.

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