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 04/18/2012
Vaccine case; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochrondrial defect; differentiation of claims asserting an aggravation of a pre-existing condition from claims asserting the manifestation of a new injury; Althen causation framework; propriety of admitting trial testimony from an unrelated vaccine case Signed by Judge Lettow.

10-734T • MONTAGUE S. CLAYBROOK, in his capacity as the Chapter 7 Trustee for the Estate of DOWNEY FINANCIAL CORP. V. THE UNITED STATES

Filed 04/18/2012
Bankruptcy Act, 11 U.S.C. §§ 701-85 (2006); Federal Deposit Insurance Act, 12 U.S.C. § 1821(d)(11)(A)(ii) (2006) (authorizing the Federal Deposit Insurance Corporation to act as a receiver); Home Owners Loan Act, 12 U.S.C. § 1464(d)(2)(A) (2006); Net Operating Loss; Tax Refund; Worker, Homeownership and Business Assistance Act of 2009, Pub. L. No. 111-92, 123 Stat. 29840 (2009); 26 U.S.C. § 165(g) (2006) (Ordinary Loss); 26 U.S.C. §§ 1501-02 (2006) (parent of a consolidated tax group); 26 U.S.C. § 6402(a) & (k) (2006 & Supp. III 2009) (federal tax refund may be paid to a fiduciary of an insolvent corporation); 26 U.S.C. 6511 (a) (2006) (statute of limitations for filing a federal tax refund); 26 U.S.C. § 6611 (2006) (Statutory Interest); 26 U.S.C. § 7422(a) (2006) (jurisdictional requirement before seeking an adjudication of a federal tax refund); Treas. Reg. § 1.1502-77(a) (2011) (the common parent for a consolidated return is the sole agent for each member of a consolidated tax group); Treas. Reg. § 301.6402-7 (2011) (permitting fiduciaries of insolvent financial institutions to file alternate tax returns); RCFC 19, Motion For Joinder; RCFC 24, Motion To Intervene; Form 1120X (Amended Claims For Refund); Form 1139 (Application for Tentative Refund). Signed by Judge Braden.

11-43C • TRIAD LOGISTICS SERVICES CORPORATION V. UNITED STATES

Filed 04/16/2012
Government Contracts; Subject Matter Jurisdiction; In-Sourcing; Standing; Interested Party; Prudential Standing. Signed by Judge Horn.

12-97C • CONTRACTING, CONSULTING, ENGINEERING LLC V. THE UNITED STATES

Filed 04/16/2012
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; burden on protester to show that procurement decision is unreasonable; whether a protester must succeed on all three equitable factors in addition to succeeding on the merits. Signed by Judge Miller, C..

12-49C • CONTRACT SERVICES, INC. V. THE UNITED STATES

Filed 04/13/2012
Post-Award Bid Protest Based on Complaint Concerning Requirement Contained in Solicitation; Interested Party; Waiver Signed by Judge Hewitt.

10-635C • JAMES M. LINICK V. THE UNITED STATES

Filed 04/13/2012
Invention Secrecy Act, 35 U.S.C. §§ 181-86 (2006); Claim for Just Compensation for Damage Caused by Secrecy Order; Proof of Actual Damage; Proof of Causal Connection Between Secrecy Order and Alleged Damage. Signed by Judge Wheeler.

07-271L • JACK LADD et al. V. UNITED STATES OF AMERICA

Filed 04/12/2012
Rails-to-Trails Act; Fifth Amendment Takings; Notice of Interim Trail Use (NITU); Surface Transportation Board; Application of State Property Law; Notice of Exemption; Notice of Consummation; Statute of Limitations; Continuous Government Action; NITU Extension; Renegotiation for Trail Use; Renegotiation for Railway; Statutory Construction Signed by Judge Hodges.

11-291C • RICKY B. LEGGITTE V. UNITED STATES OF AMERICA

Filed 04/11/2012
RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 56; Summary Judgment; Pro Se; Overtime Pay Claims; Fair Labor Standards Act; Administratively Uncontrollable Overtime Signed by Judge Block.

03-785L • WARREN BERES and VICKI BERES, et al. V. UNITED STATES

Filed 04/05/2012
Fifth Amendment Taking; Rails to Trails; Scope of Easement; Railbanking; Deed Interpretation. Signed by Judge Horn.

11-888C • HP ENTERPRISE SERVICES, LLC V. THE UNITED STATES

Filed 04/05/2012
Post-Award Bid Protest; Answer to Bidder Question Amended Solicitation Requirement; Latent Ambiguity in Solicitation; Arbitrary Disqualification of Offeror; Injunctive Relief. Signed by Judge Bush.

11-526C • JAMES F. OUTLAW V. THE UNITED STATES

Filed 04/05/2012
Pro Se Plaintiff; Dismissal for Lack of Subject Matter Jurisdiction Under RCFC 12(b)(1); Mootness Based on Settlement Agreement Signed by Judge Firestone.

11-529C • ALLEN COOPER V. THE UNITED STATES

Filed 04/05/2012
Tucker Act, 28 U.S.C. § 1491(a); lack of subject-matter jurisdiction; RCFC 12(b)(1); absence of money-mandating provision of substantive law; absence of jurisdiction of Court of Federal Claims over criminal matters and over petitions for writs of habeas corpus; transfer of claims to another court where they could have been brought; 28 U.S.C. § 1631. Signed by Judge Miller, G..

11-152T • ROBERT N. AND CYNTHIA CADRECHA V. THE UNITED STATES

Filed 04/02/2012
I.R.C. § 6511; I.R.C. § 6532; I.R.C. § 7422; tax refund claim; basis in stock received in demutualization of mutual insurance company; Fisher v. United States, 82 Fed. Cl. 780 (2008); notice of disallowance not withdrawn; statute of limitations on filing tax refund claim in Court of Federal Claims not tolled. Signed by Judge Miller, G..

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

Filed 04/02/2012
CDA Statute of Limitations, 41 U.S.C. § 7103(a)(4)(A); Claim Accrual, 48 C.F.R. § 33.201; FAR Credits Provision, 48 C.F.R. § 31.201-5; Contracting Officer’s Final Decision; Accrual Suspension Doctrine; Equitable Tolling; Continuing Claims Doctrine Signed by Judge Hodges.

11-788C • CLINTON REILLY V. THE UNITED STATES

Filed 04/02/2012
Post-award Bid Protest; Standing; Actual or Prospective Bidder or Offeror; Waiver; Direct Economic Interest; Delay in Filing Protest; Laches. Signed by Judge Wheeler.

11-45C • BILLY D. HARPER V. THE UNITED STATES

Filed 04/02/2012
Military pay; Military Pay Act, 37 U.S.C. § 204 (2006); motion to dismiss, RCFC 12(b); motion for judgment on the administrative record, RCFC 52.1(c); eligibility for reenlistment after discharge; review of correction board decision. Signed by Judge Miller, C..

12-22C • THE ELECTRONIC ON-RAMP, INC. V. THE UNITED STATES

Filed 04/02/2012
Pre-award bid protest; motion for judgment on the administrative record; 5 U.S.C. § 706; 28 U.S.C. § 1491; FAR § 15.208(b)(1)(ii); FAR § 52.215-1; government control; minor informality; late proposal rule; injunctive relief Signed by Judge Damich.

01-720T • RICHARD E. DAHLBERG AND HEATHER H. DAHLBERG V. THE UNITED STATES

Filed 03/30/2012
AMCOR Partnership; Federal Income Tax Partnerships; Final Partnership Administrative Adjustment; Interest on a Tax Motivated Transaction, 26 U.S.C. § 6621(c)(1); Sham Transactions; Statute of Limitations, 26 U.S.C. §§ 6501, 6229; Subject Matter Jurisdiction, RCFC 12(b)(1). Signed by Judge Braden.

11-774C • MORRIS MAY V. THE UNITED STATES

Filed 03/30/2012
Failure To State Claim, RCFC 12(b)(6); Jurisdiction, RCFC 12(b)(1); Pro Se; Summary Dismissal; Tucker Act, 28 U.S.C. § 1491 (2006); Transfer, 28 U.S.C. § 1631 (2006); Federal Torts Claims Act, 28 U.S.C. § 2671 et. seq. (2006); U.S. Const., Art. III, Section 2. Signed by Judge Braden.

10-664C • WARREN S. PETERSON, III V. THE UNITED STATES

Filed 03/29/2012
Cross-Motions for Judgment Upon the Administrative Record, RCFC 52.1; Conversion of Motion to Dismiss, RCFC 12(d); Military Pay Act, 37 U.S.C. § 204; Presumption of Voluntary Separation; Constructive Service Doctrine Does Not Apply; Disability Rating; “Benefit of the Doubt” Doctrine; Gilbert; 10 U.S.C. § 1222; Full and Fair Hearing, 10 U.S.C. § 1214; Decision Based Upon Substantial Evidence Signed by Judge Sweeney.

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