USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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06-150C • VERIDYNE CORPORATION V. THE UNITED STATES

Filed 07/06/2012
Contracts; breach of contract; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2011) (“CDA”); common law fraud; special plea in fraud, 28 U.S.C. § 2514 (2006); False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2) (2006); CDA counterclaim, 41 U.S.C.A. § 7103(a)(3) (2011). Signed by Judge Miller, C..

11-799L • STUEVE BROS. FARMS, LLC, et al. V. THE UNITED STATES

Filed 07/02/2012
Judgment for United States That No Taking by Flooding Occurs Absent Actual Flooding; Mere Apprehension of Flooding is an Incident of Ownership Signed by Judge Hewitt.

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

Filed 07/02/2012
Shareholder Direct and Derivative Claims Arising From Government Bailout of Distressed Entity; Fifth Amendment Takings Claims; Government’s Motion to Dismiss Pursuant to RCFC 12(b)(1) and 12(b)(6); 28 U.S.C. § 1500; Equal Protection and Due Process Claims; Standing; Unconstitutional Condition Claim; Illegal Exaction Claim. Signed by Judge Wheeler.

07-451V • MARILYN DAVIS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/29/2012
Review of special master’s decision regarding an award of attorneys’ fees and costs in a vaccine case; reasonable basis for appeal of decision on entitlement; 42 U.S.C. § 300aa-15(e); reductions in allowable attorneys’ hours; viability of alternative holding regarding attorneys’ fees on appeal; costs for the appeal Signed by Judge Lettow.

06-28T • RADIOSHACK CORPORATION, et al. V. THE UNITED STATES

Filed 06/29/2012
Communications Excise Tax; Tax Refund Action; Motion for Class Certification; Lack of Jurisdiction Over Claims of Putative Class Members; Interest; Overpayment; Scheduling of an Over-Assessment; 26 U.S.C. §§ 7422(a), 6532(a)(1), 6611(a), 6621; RCFC 23; Numerosity. Signed by Judge Williams.

07-154C • NORMAN H. COHEN, Ed.D. V. THE UNITED STATES

Filed 06/27/2012
Summary Judgment; Copyright Infringement; Willful Infringement; Statutory Damages Under 28 U.S.C. § 1498(b); Number of Works Signed by Judge Hewitt.

11-491C • THOMAS J. SCHNABLE V. THE UNITED STATES

Filed 06/27/2012
Military Pay; Collateral Review of Court-Martial Conviction; Sixth Amendment Right to Counsel; Subject Matter Jurisdiction; Exhaustion of Military Remedies; Writ of Coram Nobis Signed by Judge Damich.

12-71C • BINL, INC., et al. V. THE UNITED STATES

Filed 06/26/2012
Pre-Award Bid Protest; Standing; Prudential Standing; Military Personal Property Transportation Contract Rate Solicitations; Carmack Amendment, 49 U.S.C. § 14706; Declaratory and Injunctive Relief Awarded Signed by Judge Firestone.

12-137C • MAURICE A. SYKES V. UNITED STATES

Filed 06/25/2012
Requests for certificate of innocence and damages under 28 U.S.C. §§ 1495, 2513; motion to dismiss; failure to state a claim for damages when requirements of 28 U.S.C. § 2513 are unfulfilled; absence of subject matter jurisdiction over tort claims and alleged constitutional violations Signed by Judge Lettow.

09-121L • LARRY J. RHUTASEL, TRUSTEE OF THE MARJORIE E. RHUTASEL REVOCABLE TRUST AND THE LARRY J. RHUTASEL DELCALARTION TRUST, et al. V. THE UNITED STATES

Filed 06/22/2012
Rails to Trails; Scope of Easement; Railroad Purposes; Interim Trail Use and Railbanking; Iowa Law Signed by Judge Smith.

12-346C • ELMENDORF SUPPORT SERVICES JOINT VENTURE V. THE UNITED STATES

Filed 06/22/2012
Bid protest; in-sourcing; proposed procurement; Distributed Solutions; prudential standing; 10 U.S.C. § 129a; 10 U.S.C. § 2463; preliminary injunction Signed by Judge Bruggink.

12-376T • BARRY L. COX and JANIS L. COX V. THE UNITED STATES

Filed 06/22/2012
Summary Dismissal; Subject Matter Jurisdiction; Tax Protestor Signed by Judge Sweeney.

09-515L • MACY ELEVATOR, INC. V. THE UNITED STATES

Filed 06/21/2012
“Rails-to-Trails” Case; Just Compensation Valuation Method; “Before and After” Valuation Under the Trails Act; Indiana State Law Governing Termination of Easements Signed by Judge Firestone.

01-441C • RED RIVER COAL COMPANY, INC. V. THE UNITED STATES

Filed 06/21/2012
Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, 91 Stat. 445 (codified as amended at 30 U.S.C. §§ 1201–1328); Consolidation Coal Co. v. United States, No. 01-254C (Fed. Cl. filed Apr. 27, 2001); abandoned mine land (“AML”) fee is not unconstitutional; Export Clause provides a self-executing cause of action; AML fee does not violate the Takings Clause; Court of Federal Claims has Tucker Act jurisdiction over claims alleging the AML fee violates the Export Clause; summary judgment; claims barred by controlling precedent. Signed by Judge Miller, G..

11-453C • SUFI NETWORK SERVICES, INC. V. THE UNITED STATES

Filed 06/18/2012
Non-Appropriated Funds Activity; Recovery of Legal Costs; Whether to Afford Preclusive Effect to ASBCA Decisions; Review of FAR §§ 33.205-33, 33.205-47; Federal Circuit’s Bill Strong Decision; Distinction Between Claim Prosecution Costs and Contract Administration Costs; Application of FAR to NAFI Contract. Signed by Judge Wheeler.

11-872C • DENIS P. McALLISTER V. UNITED STATES

Filed 06/14/2012
Back Pay Act, attorney suing for attorney's fees, direct suit, Defendant. money-mandating source. Signed by Judge Margolis.

11-906C • JOSHUA BARRETT SHAPIRO V. THE UNITED STATES

Filed 06/13/2012
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY DISMISSAL Signed by Judge Williams.

11-46C • WILLIAM PIKULIN V. THE UNITED STATES

Filed 06/13/2012
Sanction Under Rule 11 Directing Clerk of Court Not to Accept Future Filings Without Leave of Court Signed by Judge Hewitt.

11-582L • GRACE M. GOODEAGLE ET AL. V. THE UNITED STATES

Filed 06/12/2012
28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011); plaintiffs were unnamed members of a non-opt out Historical Accounting Class certified by the district court in the Cobell case; plaintiffs had claims pending in the Cobell case when they filed their complaint in this case; plaintiffs’ claims in this action are based on substantially the same operative facts as the Historical Accounting Claims in Cobell; plaintiffs’ action is dismissed pursuant to RCFC 12(b)(1) without prejudice. Signed by Judge Miller, G..

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

Filed 06/12/2012
Fair Labor Standards Act; Willful Violations; Statute of Limitations; Liquidated Damages; Good Faith; Calculation of Damages Signed by Judge Hewitt.

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