USCFC General Jurisdiction-Reported

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12-388C • 1200 SIXTH STREET, LLC V. THE UNITED STATES

Filed 02/14/2013
Breach of Contract Claim; Rule 12(b)(6) Motion to Dismiss; GSA Option Agreement to Purchase Real Property; Whether Option Was Ever Exercised. Signed by Judge Wheeler.

12-597C • MILES CONSTRUCTION, LLC V. UNITED STATES

Filed 02/14/2013
Pre-award bid protest; disparate intra-agency decisions regarding the unconditional nature of a service-disabled veteran’s ownership of a small business; evidence of “ownership” within the meaning of 38 C.F.R. § 74.3; prejudice; remedy Signed by Judge Lettow.

12-186C • RED HAWK CONSTRUCTION, INC. V. THE UNITED STATES

Filed 02/13/2013
Dismissal of Complaint for Lack of Jurisdiction Because Plaintiff Is Without the Rights Plaintiff Claims in the Proceeds of a Government Contract Signed by Judge Hewitt.

08-286C • D’ANDREA BROTHERS LLC V. THE UNITED STATES

Filed 02/08/2013
CRADA and Licensing Agreement; Breach of the Implied Covenant of Good Faith and Fair Dealing; “Reasonableness” Standard; Prior Material Breach; Reliance Damages; Restatement (Second) of Contracts § 349 Signed by Judge Firestone.

09-158L • MARK S. RASMUSON and BRENDA S. RASMUSON, husband and wife, et al. V. THE UNITED STATES

Filed 02/08/2013
Rails to Trails; Construction of Fee Deeds under Iowa Law; No Taking Where Railroad Owns Right-of-way in Fee Signed by Judge Firestone.

10-125C • CONSTANCE SPEED V. UNITED STATES

Filed 02/07/2013
Claim for damages stemming from alleged breach of a settlement agreement; motion for summary judgment; unambiguous language of agreement; bar on use of extrinsic evidence to create ambiguity Signed by Judge Lettow.

09-242L • LOUIS A. BURGESS, et al. V. THE UNITED STATES

Filed 02/07/2013
Takings case; Cross-motions for partial summary judgment; Rails-to-Trails Act; Determination of claimant’s property interests; Preseault; Iowa law construed; Easements for railroad purposes; Railroad relocation – fee simple deeds; Deeds executed under threat of condemnation; Deeds with reverter clauses – application of Iowa Code § 614.24, Stale Users and Reversions Act (SURA); Dedication of alley to public use; Questions of fact precludes rulings as to certain parcels; Recreational trail and railbanking not encompassed within “railroad purpose”; Scope of takings; Trial. Signed by Judge Allegra.

12-125C • JAMES H. WOLLMAN V. THE UNITED STATES

Filed 02/06/2013
10 U.S.C. §1201 (2006) and 37 U.S.C. § 204(a)(2006); Military Disability Retirement; Existed Prior to Service, “EPTS”; Presumption of Incurrence and Aggravation; 28 U.S.C. § 1491(a)(2), Remand. Signed by Judge Firestone.

99-2051C • ROBERT A. ATHEY ET AL. V. THE UNITED STATES

Filed 01/30/2013
5 U.S.C. § 5596, The Back Pay Act; 5 U.S.C. §§ 5551-5552, lump-sum payment statutes; RCFC 12(b)(1), RCFC 12(b)(6); Wallace v. Office of Personnel Management, 283 F.3d 1360 (Fed. Cir. 2002); Muniz v.United States, 972 F.2d 1304 (Fed. Cir. 1992) Signed by Judge Smith.

06-202T • ARBITRAGE TRADING, LLC V. THE UNITED STATES

Filed 01/30/2013
Partnership Taxation; Court’s Jurisdiction to Determine Applicability of Accuracy-Related Penalty Under I.R.C.§ 6662 in Partnership-Level Proceeding Signed by Judge Hewitt.

10-859C • MICHAEL E. STUART V. THE UNITED STATES

Filed 01/30/2013
Tucker Act, 28 U.S.C. § 1491(a); Military Pay Act, 10 U.S.C. §§ 204, 206; Discharge from Active Duty; Medical Evaluation; Documentation of Medical Treatment During Active Duty; Department of the Army Personnel Policy Guidance ¶¶ 7-2, 7-8, and 7-12; Army Regulations 40-400, 40-501, 635-40 and 635-200; Remand; Army Board for Correction of Military Records; Medical Evaluation Board. Signed by Judge Williams.

11-217C • INNOVATION DEVELOPMENT ENTERPRISES OF AMERICA, INC. V. THE UNITED STATES

Filed 01/29/2013
Post-Award Bid Protest; 10 U.S.C. § 2304(c)(1)-(2) (2006); 48 C.F.R. §§ 6.302-1, 6.302-2 (2009); Sole Source Procurement; Only One Responsible Source; Unusual and Compelling Urgency; Standing; Lack of Advance Planning; Irrational Decision-Making; Violations of Procurement Laws and Regulations. Signed by Judge Bush.

99-406V • NATHAN HOUSE V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/28/2013
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; threefactor analysis under Althen v. Sec’y of Health & Human Servs. Signed by Judge Miller, G..

11-761C • DEKALB COUNTY, GEORGIA V. THE UNITED STATES

Filed 01/28/2013
Money-Mandating Source of Law; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Statute of Limitations, 28 U.S.C. § 2501 (2006); Waiver of Sovereign Immunity; State Taxation of Federal Property; Supremacy Clause, U.S. Const. Art. VI, cl. 2; Federal Facilities Section of the Clean Water Act, 33 U.S.C. § 1323 (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Bush.

03-2684L & 01-568L • SHELDON PETERS WOLFCHILD, et al. V. UNITED STATES

Filed 01/28/2013
Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863 and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; post-judgment motions; applicability of the Indian Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. §§ 1401-08; formulation of a distribution plan Signed by Judge Lettow.

08-601V • LAKEYSHA ISAAC V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 01/25/2013
Motion for Review of Special Master’s Decision; National Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.;Standard of Review; Tetanus-Diphtheria Vaccine; Guillain-Barré Syndrome; Molecular Mimicry. Signed by Judge Horn.

11-90C • NATHAN T. MEIDL V. THE UNITED STATES

Filed 01/25/2013
10 U.S.C. § 1201 (2006) (compensable disabilities); 10 U.S.C.A. § 1216a(b) (2012) (medical conditions considered in disability determinations); Army Regulation 635-40 (physical evaluation for separation); 38 C.F.R. § 4.3 (resolving reasonable doubt in disability ratings); 38 C.F.R. § 4.7 (choosing between two disability evaluations); RCFC 52.1 (judgment on the administrative record); RCFC 52.2 (remanding to an administrative body). Signed by Judge Braden.

12-882C • KWV, INC. V. UNITED STATES

Filed 01/25/2013
Pre-award bid protest; motion for preliminary injunction; disparate intra-agency decisions regarding the level of control exercised by a veteran owning a small business; evidence of “control” within the meaning of 38 C.F.R. § 74.4 Signed by Judge Lettow.

12-567C • ISAAC A. POTTER, JR. V. THE UNITED STATES

Filed 01/22/2013
Tucker Act, 28 U.S.C. § 1491; pro se filings Signed by Judge Damich.

12-304C • SUNDOWNER 102 LLC V. THE UNITED STATES

Filed 01/17/2013
Breach of Contract; Covenant of Good Faith and Fair Dealing; Option; Extrinsic Evidence Signed by Judge Bruggink.

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