USCFC General Jurisdiction-Reported

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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.

12-51T • JONATHAN L. HAAS V. THE UNITED STATES

Filed 09/20/2012
RCFC 12(b)(1); Motion to Dismiss; 26 U.S.C. § 6511(d)(8); 26 U.S.C. § 7422; Equitable Estoppel; Equitable Recoupment; Equitable Tolling; Mitigation of Limitations; Fifth Amendment Due Process Clause Signed by Judge Sweeney.

12-19T & 12-23T • POTOMAC ELECTRIC POWER COMPANY AND SUBSIDIARIES V. THE UNITED STATES

Filed 09/19/2012
Motion for Protective Order; Federal Rule of Evidence 502; Attorney-Client Privilege; Work Product Privilege; Waiver of Privilege; Clawback Arrangements. Signed by Judge Wheeler.

07-206C • LUBLIN CORPORATION, t/a CENTURY 21 ADVANTAGE GOLD V. THE UNITED STATES

Filed 09/19/2012
Government contract; Trial; Alleged breach of confidentiality agreement; Authority to contract; Breach; Use of circumstantial evidence to demonstrate breach; Plaintiff failed to demonstrate that termination of subcontract resulted from agency’s breach of an alleged confidentiality agreement. Signed by Judge Allegra.

11-779C • STARR INTERNATIONAL COMPANY, INC. V. THE UNITED STATES

Filed 09/17/2012
Motion for Reconsideration; Standing; Judicial Notice; Illegal Exaction; Federal Reserve Act, 12 U.S.C. § 343 et seq. (2006). Signed by Judge Wheeler.

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

Filed 09/13/2012
Dispute over applicability of the deliberative process privilege; pre-decisional and deliberative records; intertwining of factual and nonfactual material; timeliness of assertion of the privilege; analogy of a timeliness consideration to the promptness criterion of Fed. R. Evid. 502(b); waiver of the deliberative process privilege due to untimely assertion Signed by Judge Lettow.

99-552V • ELIZABETH SHAPIRO V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 09/13/2012
Vaccine case; Petition for review; Hepatitis-B vaccination; Standard of review; Hypothyroidism; Althen; Failure to establish causation; Failure to establish proximate temporal relationship between vaccine and autoimmune thyroid disease; Motion for reconsideration under RCFC 59; Failure to show that prior findings were wrong, let alone manifestly unjust; Motions for review and for reconsideration denied. Signed by Judge Allegra.

10-661T • GORDON BUSH, et al. V. THE UNITED STATES

Filed 09/10/2012
Scar v. Comm’r, 814 F.2d 1363 (9th Cir. 1987); RCFC 12(b)(6); failure to state a claim upon which relief can be granted; notice of computational adjustment; claim that IRS was required to follow deficiency procedures substantially varied from Scar-based claim argued before IRS that notice of computational adjustment was invalid for failure to review physical copy of taxpayers’ return. Signed by Judge Firestone.

10-696C • DANIEL E. CAMERON V. THE UNITED STATES

Filed 09/07/2012
Military Pay Act; whether Army failed to follow its own directives and regulations is a justiciable issue; an agency’s construction of its own regulations is entitled to deference; Army Regulation 135-18; National Guard Bureau had discretion to interpret “eligible” to exclude Active Guard Reserve (“AGR”) officer in Title 32 (state-level) AGR program on a time-limited tour in Title 10 (federal-level) AGR status from eligibility for consideration by a Title 10 continuation board for continuation of active federal service beyond 20 years. Signed by Judge Firestone.

09-672C • BPLW ARCHITECTS & ENGINEERS, INC. V. THE UNITED STATES

Filed 09/07/2012
Air Force and Army Corps of Engineers Dormitory Construction Project; Government Breach of Contract Claim; Architect’s Negligent Subsurface Piping and Civil Site Grading Designs; Failure to Prove Causation and Reasonableness of Damages Claims; Recovery of Costs of Implementing Design Modifications. Signed by Judge Wheeler.

07-272C • MARK G. ABBEY, ET AL., V. THE UNITED STATES

Filed 09/06/2012
ORDER FOR JUDGMENT Signed by Judge Hewitt.

12-259C • CHARLES V. FARNSWORTH V. UNITED STATES

Filed 09/04/2012
Pro Se Plaintiff; In Forma Pauperis Application; 28 U.S.C. § 1915; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations Signed by Judge Horn.

09-112C • ATKINS NORTH AMERICA, INC. V. THE UNITED STATES

Filed 08/30/2012
Cross-Motions for Summary Judgment; Validity of Contracting Officer’s Decision; Independent Judgment; Timing and Conclusory Nature of Contracting Officer’s Declaration Signed by Judge Sweeney.

10-152L • NATIONAL FOOD & BEVERAGE CO., INC. V. UNITED STATES

Filed 08/29/2012
Post-Katrina removal of clay by the Corps of Engineers from plaintiff’s property to repair damaged levees; proof of compensable property interest; interpretation of reservation clause in deed; physical taking; just compensation; applicability of the “no government demand” rule Signed by Judge Lettow.

12-75C • CROMAN CORPORATION V. THE UNITED STATES

Filed 08/29/2012
Forest Service solicitation to acquire helicopters for use in fighting forest fires; protests by plaintiff and other offerors at GAO; Forest Service proposes corrective action; plaintiff’s bid protest action seeks to challenge corrective action; ripeness; standing; mootness; evaluation of proposals; FAR 15.305(a); rating methods neither irrational nor contrary to law; plaintiff fails to show prejudice due to alleged errors in best-value tradeoff determinations. Signed by Judge Miller, G..

11-123C • OVERSEAS LEASE GROUP, INC. V. THE UNITED STATES OF AMERICA

Filed 08/24/2012
Contract Disputes Act; RCFC 56(a), Cross Motions for Summary Judgment; Breach of Contract; Contract Interpretation; Ambiguity; Extrinsic Evidence; FAR 52.217-8, Option to Extend Services Signed by Judge Hodges.

05-249C • NYCAL OFFSHORE DEVELOPMENT CORP. V. THE UNITED STATES

Filed 08/23/2012
Breach of contract; Oil and gas leases; Lost profits; Intervening cause Signed by Judge Bruggink.

08-582C • INNOCENT ALOZIE et al. V. THE UNITED STATES

Filed 08/22/2012
Overtime Claim Filed By ICE Law Enforcement Officers; Availability of Meal Break; Regularly Scheduled Overtime; Fair Labor Standards Act; Administratively Uncontrollable Overtime; Burden of Proof. Signed by Judge Wheeler.

09-315L • WHISPELL FOREIGN CARS, INC., ET AL. V. THE UNITED STATES

Filed 08/22/2012
Fifth Amendment Rails-to-Trails Takings Claim; Abandonment; Measure of Just Compensation Signed by Judge Hewitt.

08-848C • LUMMI TRIBE OF THE LUMMI RESERVATION, ET AL. V. THE UNITED STATES

Filed 08/21/2012
Section 405 of the Native American Housing Assistance and Self-Determination Act of 1996 ("NAHASDA"), 25 U.S.C. § 4165. When a statutory provision and its implementing regulations specify procedures to be followed with respect to the recapture of grant funds, an agency is not free to disregard those procedures and resort instead to federal common law remedies. Signed by Judge Wiese.

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