USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-751L • DANIEL GABINO MARTINEZ V. THE UNITED STATES

Filed 04/04/2013
Fifth Amendment taking; statute of limitations; accrual date; impoundment and sale of cattle. Signed by Judge Bruggink.

11-884L • REOFORCE, INC. and THEODORE SIMONSON V. THE UNITED STATES

Filed 04/04/2013
Fifth Amendment Takings; Compensable Property Interest; Discovery of Valuable Mineral Deposit, 30 U.S.C. Section 26; Unpatented Mining Claims; Mining Contest; Res Judicata; Final Judgment on the Merit Signed by Judge Futey.

12-846C • ARCATA ASSOCIATES, INC. V. THE UNITED STATES

Filed 04/03/2013
Administrative Dispute Resolution Act; Federal Acquisition Regulation 19.303(c)(5) (amendment of solicitation after Office of Hearings and Appeals review); Pre-Award Bid Protest; North American Industry Classification Services Codes 541712 (Research and Development in the Physical Engineering and Life Sciences (except Biotechnology)), 541513 (Computer Facilities Management Services); Permanent Injunction; Tucker Act, 28 U.S.C. § 1491(b)(1); 13 C.F.R. § 121.1103(c)(1) (procedures for NAICS code appeals); 13 C.F.R. § 121.201 & n.11 (size standards and definitions for NAICS Code 541712); 13 C.F.R. § 134.314 (standard of review in NAICS Code appeals). Signed by Judge Braden.

09-865C • LAKESHORE ENGINEERING SERVICES, INC. V. THE UNITED STATES

Filed 04/03/2013
Contract case; Motion for summary judgment; ID/IQ contract, with fixed-price task orders; Use of price book with bidder’s coefficient; Army neither contracted nor warranted that prices in price book accurately reflected local prices; Instructions for using price book included in solicitation by necessary implication; Risk of price understatement on contractor; No breach of the covenant of good faith and fair dealing; No mutual mistake or unilateral mistake; Reformation denied; Equitable adjustment denied. Signed by Judge Allegra.

12-62C • TIGERSWAN, INC. V. THE UNITED STATES

Filed 04/02/2013
Breach of Contract; Bid Protest; Termination for Convenience; Implied Duty of Good Faith and Fair Dealing; Bad Faith Signed by Judge Firestone.

07-184C • THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, ET AL. V. THE UNITED STATES

Filed 04/02/2013
Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Smith.

07-157C AND 07-167C • PACIFIC GAS AND ELECTRIC COMPANY V. THE UNITED STATES

Filed 04/02/2013
Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Allegra.

07-157C AND 07-167C • PACIFIC GAS AND ELECTRIC COMPANY, ET AL. V. THE UNITED STATES

Filed 04/02/2013
Declaratory Judgment; California Power Crisis Signed by Judge Smith.

07-165C • HERNANDEZ, KROONE AND ASSOCIATES, INC. V. THE UNITED STATES

Filed 03/29/2013
Equitable Adjustment; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 42 U.S.C. § 7103(c)(2). Signed by Judge Merow.

10-589 • THE ESTATE OF MORTON LIFTIN, JOHN LIFTIN, EXECUTOR v. THE UNITED STATES

Filed 03/29/2013
Estate Tax Refund Claim; Reasonable Cause for Late Filing; Reasonable Reliance on Advice of Counsel; Substantial Variance; 26 U.S.C. § 6651; United States v. Boyle, 469 U.S. 241 (1985); Estate of La Meres v. Comm’r, 98 T.C. 294 (1992). Signed by Judge Miller, G..

11-297C • DAVITA, INC. V. UNITED STATES OF AMERICA

Filed 03/28/2013
Tucker Act, 28 U.S.C. § 1491(a); Subject-Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 601-12; Contracts for Hospital Care and Medical Services in Non-Department Facilities, 38 U.S.C. § 1703; 38 C.F.R. § 17.56; Authorizations; Money-Mandating Regulation; Failure to State a Claim upon Which Relief Can Be Granted. Signed by Judge Williams.

12-327C • MONROE QUAILES, JR. V. THE UNITED STATES

Filed 03/27/2013
Pro Se, Wrongful Discharge from Navy, General Discharge by Reason of Misconduct, Disability Benefits, Subject Matter Jurisdiction, Statute of Limitations, Board for Correction of Naval Records Signed by Judge Damich.

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

Filed 03/27/2013
Post-trial decision on government’s claim for damages based upon alleged misallocation of indirect costs to government contracts; statute of limitations; 41 U.S.C. § 7103(a)(4)(A); Cost Accounting Standards; scope and thrust of 48 C.F.R. § 9904.418–50; criteria for proper cost-accounting allocation of indirect costs; significance of costs of management and supervision of activities related to direct labor or materiel costs; applicability of 48 C.F.R. § 9904.418–50(e); proper use of a surrogate to allocate indirect materiel costs Signed by Judge Lettow.

12-855C • DANNY SELLERS et al. V. THE UNITED STATES

Filed 03/25/2013
Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Tort Claims Act; Tort Claims; Eighth Amendment; Constitutional Claims; Transfer to District Court; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court’s Inherent Power Signed by Judge Hewitt.

06-435V • CYNTHIA LA LONDE, parent of M.L., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/25/2013
Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant Signed by Judge Sweeney.

12-842C • PREFERRED SYSTEMS SOLUTIONS, INC. V. THE UNITED STATES

Filed 03/22/2013
Bid Protest; Standing; Best Value Procurement; Deference to Technical Evaluation. Signed by Judge Firestone.

06-868V • CLAIRE BARNETTE, a minor, by her mother, KAREN BARNETTE, and her father, TIMOTHY BARNETTE V. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/21/2013
The special master’s conclusion that a vaccination was not a substantial factor in bringing about harm was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law where the special master employed the correct legal standard, carefully considered the relevant evidence, and ultimately relied on the testimony of experts judged by the special master to be qualified and credible. Signed by Judge Wiese.

11-54C • CENTURY EXPLORATION NEW ORLEANS, LLC, ET AL. V. THE UNITED STATES

Filed 03/21/2013
Breach of Oil and Gas Lease; and Risk of Regulatory Change; Sovereign Acts Doctrine; Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331-1356 (2006); Motion for Summary Judgment, RCFC 56. Signed by Judge Bush.

11-765C • MORRIS SHELKOFSKY V. UNITED STATES OF AMERICA

Filed 03/20/2013
Motion for Judgment on the Administrative Record; Military Retirement Pay; Disability Retirement Pay; Severance Pay; Supplementation of Record Signed by Judge Hodges.

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