USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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07-889V • DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 05/03/2013
Vaccine case; petitioners’ challenge to a special master’s failure to act on a remanded vaccine case within the statutorily specified time; 42 U.S.C. § 300aa-12(e)(2)(C); absence of mandatory remedy; analogy to a request for relief by way of a writ of mandamus Signed by Judge Lettow.

12-907C • QUEST DIAGNOSTICS, INC. V. THE UNITED STATES

Filed 05/01/2013
Bid Protest; Agency Corrective Action; Limit on Proposal Revisions after Solicitation Amendment; Incumbency Signed by Judge Bruggink.

09-594T • COLORCON, INC. V. THE UNITED STATES

Filed 04/30/2013
26 U.S.C. § 483; 26 U.S.C. § 163; Tax Refund; Unstated Interest; Interest Deduction; Deferred Payment; Short-Form Merger; In Lieu of Payment. Signed by Judge Firestone.

06-436C • ULYSSES, INC. V. THE UNITED STATES

Filed 04/30/2013
Contract Disputes Act, 41 U.S.C. §§ 604 and 605; Request for Quotation; Approved Source; 48 C.F.R. § 13.004; Termination for Convenience, FAR 52.249-1; Government Counterclaims; False Claims Act, 31 U.S.C. § 3729 et seq.; Government Knowledge Defense; Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514. Signed by Judge Williams.

11-581C • UNITRAC, LLC V. THE UNITED STATES

Filed 04/30/2013
Patent infringement, 28 U.S.C. § 1498; summary judgment, RCFC 56; means-plus-function limitations, 35 U.S.C. § 112 Signed by Judge Damich.

12-539C • DIVERSIFIED MAINTENANCE SYSTEMS, INC. V. THE UNITED STATES

Filed 04/26/2013
Motion to Dismiss for Lack of Subject-Matter Jurisdiction, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109; Burden of Proof for Jurisdictional Facts Establishing Submission of Claim to Contracting Officer Signed by Judge Merow.

12-79T • CLEAN FUEL LLC V. UNITED STATES OF AMERICA

Filed 04/26/2013
American Recovery and Reinvestment Tax Act; Subject matter jurisdiction; RCFC 12(b)(1); Consequential damages; Lost profits; Tucker Act; “Money-mandating” source of law Signed by Judge Block.

12-216C • UUSI, LLC, and OLDNAR CORP. V. THE UNITED STATES

Filed 04/25/2013
Patent Infringement; 28 U.S.C. § 1498(a); 41 U.S.C. § 114; 28 U.S.C. § 2071(a), (c); 28 U.S.C. § 2503(b); Subject-Matter Jurisdiction; Rules of the United States Court of Federal Claims 12(b)(1), 14(b), 14(c)(1)(A); Third-Party Practice; Third-Party Indemnification. Signed by Judge Williams.

03-2623C • SYSTEM FUELS, INC., et al. V. UNITED STATES

Filed 04/23/2013
Post-trial decision in a remanded case involving the Standard Contract for pickup of spent nuclear fuel; application of the 1987 industry-wide acceptance rate; causation; costs of mitigation for partial breach; avoided costs Signed by Judge Lettow.

12-852C • CMS CONTRACT MANAGEMENT SERVICES, ET AL. V. THE UNITED STATES

Filed 04/19/2013
Pre-award Bid Protests; Project-based HUD Section 8 Housing Assistance Program; Procurement Contracts Contrasted With Cooperative Agreements; 31 U.S.C. §§ 6301 - 6308; Applicability of Competition in Contracting Act and Federal Acquisition Regulation; Analysis of HUD Housing Assistance Statutes and Regulations. Signed by Judge Wheeler.

07-725C • BRISTOL BAY AREA HEALTH CORPORATION V. THE UNITED STATES

Filed 04/18/2013
Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 (“ISDEAA”); RCFC 12(b)(1), 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103; Tolling; Indirect Contract Support Costs; Res Judicata Signed by Judge Sweeney.

10-707C • OASIS INTERNATIONAL WATERS, INC. V. UNITED STATES

Filed 04/18/2013
Attorney-Client Privilege; Waiver; Federal Rule of Evidence 502; Clawback Order Signed by Judge Horn.

12-459C • STATE OF NORTH CAROLINA BUSINESS ENTERPRISES PROGRAM, et. al. V. UNITED STATES OF AMERICA

Filed 04/17/2013
Pre-award bid protest; Motion to supplement administrative record; Standing; Prejudice Signed by Judge Block.

13-41C • NORSAT INTERNATIONAL [AMERICA], INC. V. THE UNITED STATES

Filed 04/16/2013
Bid Protest; Technical Evaluation; Deference; Agency Evaluation; Lack of Significant Prejudice Signed by Judge Firestone.

01-707V • MICHAEL STEPHEN SHAW V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/16/2013
Vaccine Act; Interim fees; Avera; McKellar Signed by Judge Bruggink.

09-265C & 09-882C • EXXON MOBIL CORPORATION V. THE UNITED STATES

Filed 04/16/2013
28 U.S.C. § 455(a), 28 U.SC. § 455(a), Shell Oil v. United States, 672 F.3d 1283 (Fed. Cir. 2012), Liteky v. United States, 510 U.S. 540 v. (1994), In re Kansas Public Retirement System, 85 F.3d 1353 (8th Cir. 1996) Signed by Judge Smith.

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

Filed 04/16/2013
Motion to Reconsider Order of Dismissal of Patent Claims for Failure to Prosecute; RCFC 41(b); Motion to Reconsider Denied Signed by Judge Hewitt.

09-114C • JOHNNY GREGORY, et. al. V. THE UNITED STATES

Filed 04/12/2013
Rails-to-Trails Case; Recovery of Attorneys’ Fees and Costs; Lodestar Method of Calculation; Reasonable Reductions Based Upon Degree of Success. Signed by Judge Wheeler.

12-708C • CW GOVERNMENT TRAVEL, INC., d/b/a CWTSATOTRAVEL V. THE UNITED STATES

Filed 04/11/2013
Postaward Bid Protest; 28 U.S.C. § 1491(b); Standing; Timeliness; FAR 16.504(c)(1)(ii)(D)(1)(iii); Qualified and Capable; Unequal Treatment; Injunctive Relief Signed by Judge Sweeney.

12-604C • CAPTAIN ROSS E. JOSLYN V. THE UNITED STATES OF AMERICA

Filed 04/10/2013
Motion for Judgment on the Administrative Record; RCFC 52.1; Motion to Supplement the Administrative Record; Disability Retirement Pay Claim Under 10 U.S.C. § 1201; Wrongful Discharge Claim Under Military Pay Act, 37 U.S.C. § 204 Signed by Judge Hewitt.

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