USCFC General Jurisdiction-Reported

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12-274C • DISTRIBUTED SOLUTIONS, INC. V. THE UNITED STATES

Filed 08/10/2012
Department of Labor RFQ to procure Acquisition Management System; use of GSA Federal Supply Schedule to acquire IT system; FAR Part 8; FAR Part 15 inapplicable; DOL seeking a commercial-off-the-shelf (“COTS”) solution; plaintiff’s pre-award and post-award protests at GAO; DOL’s corrective action; reevaluation of proposals; live product demonstration; past performance evaluation; price reasonableness analysis; DOL’s calculation of Independent Government Cost Estimate (“IGCE”); tradeoff analysis was reasonable and adequately documented; IT Dashboard; DOL complied with duty to evaluate bids fairly and honestly. Signed by Judge Miller, G..

99-447C & 03-2626C • BOSTON EDISON COMPANY & ENTERGY NUCLEAR GENERATION CO. V. UNITED STATES

Filed 08/10/2012
Motion by the government for reconsideration of final judgment; the government’s contradictory posture, judgment having been entered after parties’ voluntary stipulation and request for that final judgment; grounds for reconsideration; awards of damages for partial breach; prematurity of an action; nascent claim for damages not yet scertainable; grounds for dismissal; leave to file a later claim when damages incurred; Restatement (Second) of Judgments § 20; Restatement (Second) of Judgments § 26 Signed by Judge Lettow.

12-278C • DERRICK D. PROPHET V. UNITED STATES

Filed 08/08/2012
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1500; In Forma Pauperis Application Signed by Judge Horn.

11-64T • MARK D. AMBROSE and JENNIFER L. AMBROSE, pro se V. THE UNITED STATES

Filed 08/03/2012
Tax refund suit; Motion to dismiss under RCFC 12(b)(6); Section 165 – casualty loss; Section 165(h)(5)(E); Legislative history examined; Plain meaning of statutory language requiring that a taxpayer “file a timely insurance claim” as a precondition to taking a nonbusiness casualty loss; Statutory requirement met despite taxpayer’s failure to file timely proof of loss; View consistent with Treasury regulations; Policy arguments rejected; Motion denied. Signed by Judge Allegra.

12-197C • 360TRAINING.COM, INC. V. THE UNITED STATES

Filed 08/03/2012
Bid protest; Motion for judgment on the administrative record; injunctive relief; corrective action; actual evaluation process different from disclosed process; undisclosed eligibility requirements; lack of documentation in the administrative record; decision unsupported by the administrative record Signed by Judge Damich.

10-822C • SANDRA G. HALE V. UNITED STATES

Filed 08/02/2012
Military pay and allowances; review of action by military corrections board; propriety of discharge; promotion claim; right to prior service enlistment bonus; 37 U.S.C. § 308i; money mandating source Signed by Judge Lettow.

12-04C • BLACKFEET HOUSING V. THE UNITED STATES

Filed 08/02/2012
Contracts; breach of trust relationship; motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); statute of limitations, 28 U.S.C. § 2501 (2006); accrual of claim for breach of trust to Native American tribal agency; motion to dismiss for failure to state a claim, RCFC 12(b)(6); requirement of statute that states a specific trust responsibility. Signed by Judge Miller, C..

09-690C • SUGAR HILL, LLC V. THE UNITED STATES

Filed 08/01/2012
FEMA Lease Following Hurricanes Katrina and Rita; Dual Burden to Recover Repair or Restoration Costs; Federal Rule of Evidence 702; Unreliability of Expert Testimony; Lost Profits Claim; Independent and Collateral Undertakings Doctrine; Speculative and Unsupported Damages. Signed by Judge Wheeler.

12-249C • OMNIPLEX WORLD SERVICES CORP. V. THE UNITED STATES

Filed 08/01/2012
Bid Protest; Cross Motions for Judgment on the Administrative Record; Federal Acquisition Regulations 15.307(b) and 15.306(d) Signed by Judge Hewitt.

11-462C • BELL/HEERY, A JOINT VENTURE V. UNITED STATES OF AMERICA

Filed 07/31/2012
Contract Disputes Act; RCFC 12(b)(6); breach of contract; implied covenant of good faith and fair dealing; constructive change; cardinal change Signed by Judge Block.

11-769C • DERRICK CARRINGTON V. THE UNITED STATES

Filed 07/31/2012
Civilian Pay; Postal Reorganization Act, Pub. L. 91-375, 84 Stat. 719, codified at 39 U.S.C. § 101 et seq. (2006); Motion to Transfer; Claims Against Labor Union and the United States Postal Service. Signed by Judge Bush.

10-587C • WATTERSON CONSTRUCTION COMPANY V. THE UNITED STATES

Filed 07/31/2012
Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); “Prevailing Party;” “Substantial Justification.” Signed by Judge Braden.

12-95L • CITY OF FORD, et al. V. THE UNITED STATES

Filed 07/31/2012
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Abandonment Governed by Federal Law; Taking Pursuant to Issuance of NITU. Signed by Judge Wheeler.

10-617C • JOHN DOE and KENNETH EARMAN V. THE UNITED STATES

Filed 07/30/2012
Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Exhaustion of Administrative Remedies. Signed by Judge Bush.

09-306C • RAYTHEON COMPANY V. THE UNITED STATES OF AMERICA

Filed 07/26/2012
Motion for Reconsideration, RCFC 59; CDA Statute of Limitations, 41 U.S.C. § 7103(a)(4)(A); Claim Accrual, 48 C.F.R. § 33.201; Knowledge of Potential Claim; Contracting Officer’s Final Decision Signed by Judge Hodges.

12-263C • EDGAR SEARCY V. THE UNITED STATES

Filed 07/25/2012
Federal Tort Claims Act Statute of Limitations, 28 U.S.C. § 2401 (2006); U.S. Const. amend. IV; Pro Se; Transfer, 28 U.S.C. § 1631 (2006); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2006); 31 U.S.C. § 3723 (2006) Signed by Judge Braden.

11-666C • JAMES ANTONELLIS V. THE UNITED STATES

Filed 07/23/2012
Motion to dismiss; jurisdiction; Failure to state a claim; Military Pay Act; Tucker Act; back pay; reservist; Selection boards; nonjusticiable Signed by Judge Damich.

12-202C • RICHARD M. GABLE V. THE UNITED STATES

Filed 07/23/2012
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 327; Federal Tort Claims Act, Pub. L. No. 79-601, §§ 401-24, 60 Stat. 812 (1946); Motion to Dismiss, RCFC 12(b)(1); Pro Se; Transfer, 28 U.S.C. § 1631 (2006); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2006); U.S. Const. amend. VI. Signed by Judge Braden.

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

Filed 07/23/2012
Insufficiency of Claim Construction Chart and Claim Construction Statement; Order for Briefing on Amendment of a Claim Chart; Order for Briefing on “a Timely Showing of Good Cause”; Order for Revised Expert Report and Claim Construction Statement Signed by Judge Hewitt.

09-42L • ANNA F. NORDHUS FAMILY TRUST, et al. V. THE UNITED STATES

Filed 07/20/2012
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Appropriate Measure of Just Compensation; Fencing Costs. Signed by Judge Wheeler.

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