USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

11-519C • GUZAR MIRBACHAKOT TRANSPORTATION V. THE UNITED STATES

Filed 03/29/2012
Bid Protest; Rejection of Late Proposal; Electronic Submission of Proposals; Interpretation of Solicitation; Zip Files; Expert Testimony; Notice of Proposed Debarment; Bid & Proposal Preparation Costs; Injunctive Relief. Signed by Judge Williams.

12-33C • MISSION ESSENTIAL PERSONNEL, LLC V. UNITED STATES

Filed 03/28/2012
Post-award bid protest challenging corrective action taken by the Department of the Army in response to a decision by GAO regarding two task orders for intelligence support services under IDIQ contracts; plaintiff’s notice of voluntary dismissal filed after submissions of crossmotions for judgment under RCFC 52.1; RCFC 41(a)(1)(A)(i); need to address subject matter jurisdiction; task-order protests barred in this court by 10 U.S.C. § 2304c(e) Signed by Judge Lettow.

07-266C • CONSOLIDATION COAL COMPANY, et al. V. THE UNITED STATES

Filed 03/28/2012
Constitutionality of SMCRA Abandoned Mine Reclamation Fee; Issue Preclusion; Stare Decisis; Export Clause Challenge Jurisdiction Signed by Judge Futey.

11-678C • ROBERT E. HICKS V. UNITED STATES OF AMERICA

Filed 03/27/2012
Pro Se Complaint; Prisoner; Dismissal Pursuant to RCFC 12(b)(1); Failure to Prosecute under RCFC 41(b); Frivolousness under 28 U.S.C. § 1915(e)(2)(B)(i). Signed by Judge Hewitt.

06-936L • UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA V. THE UNITED STATES

Filed 03/27/2012
28 U.S.C. § 1500; Effect of Supreme Court’s Recent Tohono O’odham Decision; Vitality of Tecon’s Sequence of Filing Rule; Requirement that Supreme Court Dicta Be “Stated Clearly” to Supersede Controlling Federal Circuit Precedent. Signed by Judge Wheeler.

07-273L, 07-246L, 08-198L, 10-187L, 10-200L • STEPHEN J. ROGERS, et al. V. THE UNITED STATES

Filed 03/26/2012
Fifth Amendment Taking; Rails-to-Trails; Intervention of Right; Permissive Intervention; Timeliness of Request to Intervene; Adequacy of Protection of Claimed Interest in Property; Anti-Assignment Act. Signed by Judge Williams.

11-754C • INGENESIS, INC. V. THE UNITED STATES

Filed 03/23/2012
Bid protest; NAICS code selection; Small Business concerns; Small Business Administration Office of Hearings and Appeals Signed by Judge Bruggink.

11-867C • BOSTON HARBOR DEVELOPMENT PARTNERS, LLC. V. THE UNITED STATES

Filed 03/21/2012
Preaward bid protest; Review of corrective action; Claim that failure of agency to terminate prior lease will bias reprocurement; Lack of standing; Case dismissed. Signed by Judge Allegra.

08-415C • HORN & ASSOCIATES, INC. V. UNITED STATES

Filed 03/20/2012
Partial Summary Judgment; Contracts; CICA; Ambiguity; Mistake; Ratification. Signed by Judge Horn.

11-703C • CHARLES P. MAXWELL V. THE UNITED STATES

Filed 03/19/2012
Pro Se; Motion to Dismiss; RCFC 12(b)(6); RCFC 12(h)(3); Fifth Amendment Taking Signed by Judge Hewitt.

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

Filed 03/19/2012
Post-award bid protest; motions to supplement administrative record. Signed by Judge Miller, C..

10-213C • TOWNSHIP OF SADDLE BROOK V. THE UNITED STATES

Filed 03/16/2012
Contracts; subject matter jurisdiction, motion to dismiss, RCFC 12(b)(1); claim founded upon an express or implied-in-fact contract with the United States, 28 U.S.C. § 1491(a)(1) (2006); impact of law-of-the-case doctrine on transferor court’s determination that jurisdiction lies in the United States Court of Federal Claims; transfer statute, 28 U.S.C. § 1631 (2006). Signed by Judge Miller, C..

11-561C • HILDRA LAVON JONES, III V. UNITED STATES

Filed 03/15/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; Tort; Due Process; Equal Protection; Civil Rights; Criminal Conduct. Signed by Judge Horn.

11-776C • ELMER LEE JEFFERSON V. UNITED STATES

Filed 03/15/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; Tort; Due Process; Equal Protection; Cruel and Unusual Punishment; Freedom of Expression; Criminal Conduct; Civil Rights. Signed by Judge Horn.

11-755C • L-3 SERVICES, INC., AEROSPACE ELECTRONICS DIVSION V. THE UNITED STATES

Filed 03/15/2012
Lack of subject matter jurisdiction; Maritime contracts; Maritime contract exception to Contract Disputes Act jurisdiction, 41 U.S.C. § 7102(d); Bid protest over maritime contract distinguished (§ 861 of National Defense Authorization Act for Fiscal Year 2012); Transfer under 28 U.S.C. § 1631 Signed by Judge Firestone.

12-37C • SOLUTE CONSULTING V. THE UNITED STATES

Filed 03/13/2012
Motion to Dismiss, RCFC 12(b)(1); Task Order Protest Bar, 10 U.S.C. § 2304c(e); Increasing the Scope of the Contract; Allegations Related to the Agency’s Evaluation of Proposals; “Scope” Refers to “Scope of Work” Signed by Judge Sweeney.

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

Filed 03/12/2012
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunctive relief Signed by Judge Miller, C..

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