USCFC General Jurisdiction-Reported

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11-898C • JOSEPH JOHNSON, JR. V. UNITED STATES

Filed 05/17/2012
Dispute over terms and conditions of consolidated educational loans; money- mandating sources of law; tort claims; claim for discharge of debt not a request for money damages; transfer not in interest of justice Signed by Judge Lettow.

12-301C • HEATHER MARIE TOOHEY V. THE UNITED STATES

Filed 05/17/2012
Pro Se; RCFC 12(h)(3); No Jurisdiction Over Tort Claims; 28 U.S.C. § 1631 Signed by Judge Hewitt.

01-669C • BENJAMIN & SHAKI ALLI AND BSA CORPORATION V. THE UNITED STATES

Filed 05/15/2012
HUD housing contract; Counterclaim; Motion for summary judgment under RCFC 56; Damages; Sole shareholders liable for damages owed by corporation under default judgment; Res judicata; Failure to create genuine issues of material fact; Damages established as to counterclaims. Signed by Judge Allegra.

12-296C • DAVID STEBBINS V. THE UNITED STATES

Filed 05/14/2012
Pro Se; RCFC 12(h)(3); No Jurisdiction Over Bivens Action; Doctrine of Respondeat Superior Not Money-Mandating Signed by Judge Hewitt.

10-153T • CBS CORPORATION & SUBSIDIARIES (f/k/a VIACOM INC. & SUBSIDIARIES) V. THE UNITED STATES

Filed 05/11/2012
Income Tax Refund; Calculation of Gain Upon Sale of Property; Reduction of Basis Due to Depreciation Allocable to Exempt Foreign Trade Income; 26 U.S.C. §§ 161, 167, 261, 265, 921-927, 1001, 1011, 1012, and 1016(a)(2); Foreign Sale Corporation Regime; P.L. 106-516, 114 Stat. 2423. Signed by Judge Williams.

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

Filed 05/11/2012
Bid protest; Tucker Act; 28 U.S.C. § 1491; procurement; cooperative agreement; Federal Grant and Cooperative Agreement Act; motion to dismiss; RCFC 12(b)(1); in connection with a procurement or proposed procurement Signed by Judge Damich.

08-610C • TEXTAINER EQUIPMENT MANAGEMENT LIMITED, et al. V. THE UNITED STATES

Filed 05/10/2012
Fifth Amendment Takings Claim; Motion to Strike Portions of Summary Judgment Motion; Real Party in Interest under RCFC 17(a); Waiver of “Real Party in Interest” Issue; Assignment of Claims Act, 31 U.S.C. § 3727 (2006); Plaintiffs’ Burden to Establish "Legally Cognizable Property Interest" Signed by Judge Firestone.

12-56C • JUDITH SCRASE V. THE UNITED STATES

Filed 05/10/2012
Pro se Plaintiff; Fifth Amendment Takings Claim; Rule 12(b)(6) Motion to Dismiss; No Legally Cognizable Property Interest; Failure to State a Claim Upon Which Relief Can Be Granted. Signed by Judge Wheeler.

12-237C • PEPPER TREE APARTMENTS, LTD. II V. THE UNITED STATES OF AMERICA

Filed 05/08/2012
Complaint Deposited in Night Box Was Filed on Date Deposited Signed by Judge Hewitt.

12-148C • CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. V. THE UNITED STATES

Filed 05/07/2012
Delivery Order Protest, 10 U.S.C. § 2304c(e); Cross-Motions for Judgment on the Administrative Record; Scope of the Underlying Contracts; Language in Contracts Is Unambiguous; Resort to Extrinsic Evidence Is Unnecessary Signed by Judge Sweeney.

11-701C • TEREX CORPORATION V. THE UNITED STATES

Filed 05/07/2012
In reviewing whether an agency’s award decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, the court is charged with ensuring that the challenged decision is based on a reasoned evaluation of the relevant factors and not with replacing the agency’s technical judgment with its own. Signed by Judge Wiese.

09-814C • PEW FOREST PRODUCTS V. THE UNITED STATES

Filed 05/07/2012
Timber contract case; Cross-motion for summary judgment; Existence of contracts – offer and acceptance; Implied-in-fact contracts; Covenant of good faith and fair dealing; No breach; Defendant’s motion for summary judgment granted. Signed by Judge Allegra.

11-275L • BIG OAK FARMS, INC., et al. V. THE UNITED STATES

Filed 05/04/2012
Fifth Amendment Taking; Failure to State a Claim Under RCFC 12(b)(6); Flood Control Act of 1928, 33 U.S.C. §§ 702 et seq.; Distinction between Taking and Tort under Ridge Line v. United States, 346 F.3d 1346 (Fed. Cir. 2003) Signed by Judge Firestone.

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

Filed 05/02/2012
Trial, Breach of Contract, California Power Crisis Signed by Judge Smith.

09-351C • KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES

Filed 05/02/2012
Contracts; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2006); equitable adjustment; cost-reasonableness determination; trial; provision of DFAC (dining facility) services to troops in Iraq; cost-plus award-fee for government contract; fixed-price contract for subcontractor-provider; counterclaim under the Anti-Kickback Act, 41 U.S.C. §§ 53, 55 (2006); counterclaim for common law fraud (recission and disgorgement). Signed by Judge Miller, C..

04-106C • DAIRYLAND POWER COOPERATIVE V. THE UNITED STATES OF AMERICA

Filed 05/02/2012
Spent Nuclear Fuel; Mitigation Damages; Private Fuel Storage; Causation; Reasonableness of Mitigation Signed by Judge Damich.

06-466C • DISTRIBUTED SOLUTIONS, INC., et al. V. THE UNITED STATES

Filed 05/02/2012
Protest of pre-procurement decisions made in connection with determining a need for property or services. Signed by Judge Merow.

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

Filed 05/02/2012
Takings action; Motion to dismiss under RCFC 12(b)(1); 28 U.S.C. § 1500; Judicial takings; Supplemental pleading under RCFC 15(d); Portions of complaint dismissed. Signed by Judge Allegra.

07-341T • FILLMORE EQUIPMENT OF HOLLAND, INC., et al. V. UNITED STATES

Filed 04/30/2012
RCFC 54(b) Judgment on Multiple Claims or Involving Multiple Parties; RCFC 59(a) Reconsideration; RCFC 60(b)(6) Relief from a Final Judgment, Order, or Proceeding; Res Judicata; Law of the Case. Signed by Judge Horn.

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