USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 2 days 4 hours ago
General Jurisdiction (Reported)
General Jurisdiction (Unreported)
Vaccine (Reported)
Vaccine (Unreported)
Keywords:
Start date:
End date:

X

There are four categories on the left side of the search bar, each with a check box. The currently visible cateogry is highlighted yellow. To search multiple categories at once, place a check mark next to each desired category. Note if none are selected, the search will default to all categories. You must select additional search parameters (keyword, judicial officer, date range) if you specify a case category.

To search for specific words, enter one or more keywords in the search term box, then click the Search button. To search for a phrase, enclose it in quotes, "like this." Keywords and search terms are not case sensitive. You do not need to use wildcards.

To search by case number, enter the case number in xx-yyy format in the keywords box. The first two digits before the dash are the year in which the case was opened. If this year is 2000 through 2009, include the leading zero for best results.

To search by judicial officer (a particular judge or special master), click the drop-down menu "(judicial officer)" then make your selection from the list. If you decide to not search for a specific judicial officer, choose "(judicial officer)" from the list.

Dates are expected to be month/day/year format, also known as mm/dd/yyyy format. If you use a dash/hyphen as the separator, the search engine will expect the date to be in yyyy-mm-dd format (in other words, the year comes first; this is the European format).

Search results will have relevant terms highlighted so you can see why a particular item appears in the results. Note: Results are limited to 500 items; if your search returns 500 items, try adjusting it to get more specific results.

To clear your search results and view posted opinions, click on one of the category labels.

To close this help text, click on the Help! button again, or click the blue X in the upper right corner of this box.

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.

11-778C • ADMARK KOREA LIMITED V. THE UNITED STATES

Filed 06/11/2012
Contracts; subject matter jurisdiction; RCFC 12(b)(1), (6), motion to dismiss; statute of limitations, 28 U.S.C. § 2501 (2006); accrual suspension rule; implied-in-fact contract, 28 U.S.C. § 1491(a)(1). Signed by Judge Miller, C..

09-297T • PAPILLON AIRWAYS, INC. V. THE UNITED STATES OF AMERICA

Filed 06/05/2012
26 U.S.C. § 4261; 26 U.S.C. § 4281; 26 U.S.C. § 6662; 26 U.S.C. § 4041(c); Treas. Reg. § 49.4263-5(c); Air Transportation Excise Tax; air taxi; “operated on an established line;” “some degree of regularity;” “between definite points;” “maintains and exercises control;” primary liability. Signed by Judge Baskir.

09-297T • PAPILLON AIRWAYS, INC. V. THE UNITED STATES OF AMERICA

Filed 06/05/2012
26 U.S.C. § 4261; 26 U.S.C. § 4281; 26 U.S.C. § 6662; 26 U.S.C. § 4041(c); Treas. Reg. § 49.4263-5(c); Air Transportation Excise Tax; air taxi; “operated on an established line;” “some degree of regularity;” “between definite points;” “maintains and exercises control;” primary liability. Signed by Judge Baskir.

11-734C • WILDFLOWER INTERNATIONAL, LTD. V. THE UNITED STATES

Filed 06/05/2012
Federal Acquisition Streamlining Act, Pub. L. No. 103-355, 108 Stat. 3243 (1994); limitation on protests of civilian agency task or delivery orders; 41 U.S.C. § 4106(f); expiration of limitation; National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 110-181, 122 Stat. 239; interpretation of sunset provision in 2008 NDAA in light of later enactments; restoration of limitation on protests of task or delivery orders after plaintiff filed bid protest action; National Defense Authorization Act for Fiscal Year 2012, Pub. L. No. 112-81, 125 Stat. 1298 (2011); retroactivity analysis; restoration of limitation did not affect plaintiff’s pending action; presumption against retroactivity; Landgraf v. USI Film Products, 511 U.S. 244 (1994); Princess Cruises, Inc. v. United States, 397 F.3d 1358 (Fed. Cir. 2005); court has jurisdiction to hear protests of corrective action taken during procurement; prior awardee has standing to protest corrective action; protest of corrective action ripe for judicial review; decision to take corrective action was reasonable; nature and scope of corrective action was reasonable under circumstances; clarification of ambiguity in initial solicitation. Signed by Judge Miller, G..

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

Filed 06/05/2012
Fifth Amendment Rails-to-Trails Takings Claim; Ownership of Land Underlying Railroad Easement; Florida Property Law Signed by Judge Hewitt.

10-377V • LISA WOODS and JASON FORD, as parents and natural guardians of CASON EUGENE FORD, a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/04/2012
Petition for Review; National Vaccine Injury Act; 42 U.S.C. § 300aa-12(e); 42 U.S.C. § 300aa-15(e); 42 U.S.C. § 300aa-21(a); 42 U.S.C. § 300aa-12(d); Interim Fee Award; Reasonable Basis for Vaccine Act Claim for Compensation. Signed by Judge Williams.

05-306V • MADISON DERIBEAUX, a minor, by her parents and natural guardians, GUS DERIBEAUX and KIMBERLY BURSHIEM V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/04/2012
National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP vaccine; SCN1A genetic mutation; Dravet’s Syndrome; alternative causation; sole substantial factor unrelated to the vaccine; Restatement (Second) of Torts; Althen v. Secretary of Health & Human Services, 418 F.3d 1274 (Fed. Cir. 2005); Shyface v. Secretary of Health & Human Services, 165 F.3d 1344 (Fed. Cir. 1999). Signed by Judge Miller, G..

07-730C • IDAHO POWER COMPANY V. UNITED STATES

Filed 06/01/2012
Suit for refund of allegedly overpaid operating and maintenance costs of the American Falls Replacement Dam; supplemental complaint following decision by Idaho Snake River Basin Adjudication Court; RCFC 15(d); relation-back doctrine Signed by Judge Lettow.

11-53C • JEFFREY C. MIGLIONICO V. THE UNITED STATES

Filed 05/31/2012
Military Temporary Living Allowance; Overpayment; Debt; Government Counterclaim; Review of Decision of Defense Office of Hearings and Appeals; Joint Federal Travel Regulation U4129-E; 28 U.S.C. § 1491(a)(1); 31 U.S.C. § 3702; 37 U.S.C. § 474; 37 U.S.C. § 202; Justiciability. Signed by Judge Williams.

09-888C • DAVID ALBINO V. THE UNITED STATES

Filed 05/31/2012
Subject Matter Jurisdiction; RCFC 12(b)(1); Back Pay Claim; Fisher; Jan’s Helicopter Service, Inc.; Failure to Allege Separation From Military; Plaintiff Not Within Class Entitled to Recover Under Military Pay Act; No Money-Mandating Claim; RCFC 12(b)(6); Promotion Claim; Equitable Relief Not Available; 28 U.S.C. § 1491(a)(2); No Jurisdiction Under Administrative Procedure Act; Transfer to District Court Appropriate; 28 U.S.C. § 1631 Signed by Judge Sweeney.

06-937L • OTOE-MISSOURIA TRIBE OF INDIANS, OKLAHOMA V. THE UNITED STATES

Filed 05/31/2012
Indian Trust Claim; 28 U.S.C. § 1500; Tecon is not overruled Signed by Judge Smith.

02-69C • CLINCHFIELD COAL CO., et al. V. THE UNITED STATES

Filed 05/31/2012
Summary Judgment; Claims; Barred by Controlling Precedent. Signed by Judge Bush.

00-512L • PETRO-HUNT, L.L.C. V. THE UNITED STATES

Filed 05/30/2012
Takings action; Motion for reconsideration under RCFC 59; 28 U.S.C. § 1500; Motion denied. Signed by Judge Allegra.

01-443C • EAGLEHAWK CARBON, INC., et al. V. THE UNITED STATES

Filed 05/29/2012
Motion to Continue Stay; Indefinite Stay; Finality of Judgment; Change In Law; RCFC 1; RCFC 60(b). Signed by Judge Williams.

12-47C • INTERNATIONAL GENOMICS CONSORTIUM V. THE UNITED STATES

Filed 05/25/2012
Preaward bid protest; Jurisdiction – 28 U.S.C. § 1491(b)(1); Interested party; Contractor could not challenge agency decision to shift management of agency program to third contractor under existing task order contract; Distributed Solutions distinguished; No bid protest jurisdiction to review agency decision not to exercise option; Management contractor was not agent of federal agency; Relief denied. Signed by Judge Allegra.

10-463L • CRAIG R. INGRAM, et al. V. UNITED STATES

Filed 05/24/2012
Fifth Amendment Taking; Rails-to-Trails; Valuation. Signed by Judge Horn.

11-155C • MATTHEW S. PETRI V. UNITED STATES

Filed 05/24/2012
Military Pay; Motion for Judgment on the Administrative Record; Arbitrary and Capricious, Abuse of Discretion; Review; 10 U.S.C. § 1214; 37 U.S.C. § 204; 38 C.F.R. § 4.129; 38 C.F.R. § 4.130.6-8-5 Signed by Judge Horn.

06-216T • LAWRENCE R. McCANN AND CECIL McCANN, et al. V. UNITED STATES

Filed 05/24/2012
AMCOR-related tax refund case; statute of limitations provisions found at I.R.C. §§ 6501 and 6229; penalty interest under former I.R.C. § 6621(c); jurisdiction to determine jurisdiction; claimed refunds attributable to partnership items barred in partner-level suits by I.R.C. § 7422(h); Keener v. United States, 551 F.3d 1358 (Fed. Cir. 2009); Prati v. United States, 603 F.3d 1301 (Fed. Cir. 2010) Signed by Judge Lettow.

07-849C • GRAND ACADIAN, INC. V. THE UNITED STATES

Filed 05/23/2012
Claims Under Lease for Damage to Property; Counterclaims for Fraud Signed by Judge Hewitt.

Pages