USCFC General Jurisdiction-Reported

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11-166C • LUIS A. ARRAÑAGA V. UNITED STATES OF AMERICA

Filed 03/01/2012
Summary judgment; Employment contract; Breach of contract; Implied covenant of good faith and fair dealing Signed by Judge Block.

11-166C • LUIS A. ARRAÑAGA V. UNITED STATES OF AMERICA

Filed 03/01/2012
Summary judgment; Employment contract; Breach of contract; Implied covenant of good faith and fair dealing Signed by Judge Block.

11-236C • DEMODULATION, INC. V. THE UNITED STATES

Filed 02/29/2012
Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006); Cooperative Research and Development Agreement; Failure to State a Claim, RCFC 12(b)(6) (2010); Fifth Amendment to the U.S. Constitution; Jurisdiction, Motion to Dismiss, RCFC 12(b)(1) (2010); Standing; Stevenson-Wydler Technology Innovation Act of 1980, Pub. Law No. 96-480 (1980) (codified, as amended, at 15 U.S.C. §§ 3701-22); Tucker Act, 28 U.S.C. § 1491 (2006); Trade Secrets Act, 18 U.S.C. § 1905 (2006); 10 C.F.R. § 782.1 (2011); 31 U.S.C. § 6303 (2006); 48 C.F.R. § 52.227-14(d)(2) (2011); RCFC 12(f) (2010). Signed by Judge Braden.

11-502C • KENNEY ORTHOPEDIC, LLC, and JOHN M. KENNEY V. THE UNITED STATES

Filed 02/29/2012
Misrepresentation in the Inducement to Contract; Good Faith and Fair Dealing; Failure to Plead Fraud with Required Specificity, RCFC 9(b); Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Braden.

09-420T • SUNDANCE HELICOPTERS, INC. V. THE UNITED STATES

Filed 02/29/2012
Air Transportation Excise Tax; “established line” exception; failure to enact Treasury Regulations Signed by Judge Bruggink.

06-934L • THE KAW NATION OF OKLAHOMA V. THE UNITED STATES

Filed 02/29/2012
Tribal trust case; Motion to dismiss under RCFC 12(b)(1); 28 U.S.C. § 1500; Tecon Engineers – “order-of-filing”; Tecon remains good law – neither expressly nor impliedly overruled by Tohono O’odham; Tecon ruling consistent with plain meaning of section 1500; Legislative history of section 1500 does not contradict its plain meaning; Policy considerations do not warrant abandonment of either the statute or Tecon’s interpretation thereof; “Same-day-filing” rule of Passamaquoddy Tribe rejected; Motion denied. Signed by Judge Allegra.

98-619V • PAUL A. VISCONTINI V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/28/2012
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 300aa-34 (2006); motion for review of findings of fact of special master; proof of causation in fact; 42 U.S.C. § 300aa-12(d)(3)(A)(I). Signed by Judge Miller, C..

09-837T • LOUIS KOBUS, JR. V. THE UNITED STATES

Filed 02/28/2012
26 U.S.C. § 6672; withholding taxes; willful; trust fund penalty; refund and collection suit; presumption of correctness; taxpayer’s burden of proof; estimates; substitute return; 26 U.S.C. § 6020; redemption; 26 U.S.C. § 7425 Signed by Judge Damich.

11-100C • ALLEY’S OF KINGSPORT, INC., et al. V. THE UNITED STATES OF AMERICA

Filed 02/27/2012
Takings Claim Arising from Troubled Asset Relief Program (TARP); Motions to Dismiss Pursuant to RCFC 12(b)(1), 12(b)(6); Jurisdiction; Jurisdiction Vis-a-Vis Bankruptcy Court Procedure; Ad Hoc Review; Penn Central Regulatory Taking; Lucas Categorical Taking; Unique Taking Theory Signed by Judge Hodges.

10-647C • COLONIAL CHEVROLET CO., INC., et al. V. THE UNITED STATES OF AMERICA

Filed 02/27/2012
Takings Claim Arising from Troubled Asset Relief Program (TARP); Motions to Dismiss Pursuant to RCFC 12(b)(1), 12(b)(6); Jurisdiction; Jurisdiction Vis-a-Vis Bankruptcy Court Procedure; Ad Hoc Review; Penn Central Regulatory Taking; Lucas Categorical Taking; Unique Taking Theory Signed by Judge Hodges.

11-260T • SCOTT R. MARTIN V. THE UNITED STATES

Filed 02/24/2012
Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence and No Manifest Error of Law or Mistake of Fact in the Court’s Opinion of January 13, 2012 Signed by Judge Hewitt.

11-663C • FURNITURE BY THURSTON V. UNITED STATES

Filed 02/23/2012
Post-award bid protest of a contract for furnishings to be installed in a Marine Corps barracks; ambiguity of a term of the solicitation; partial completion of the contract; mootness; laches; standing of the protestor after a bankruptcy filing; lack of conformity of the accepted proposal with a material term of the solicitation; relief; bid preparation and proposal costs Signed by Judge Lettow.

11-606C • GTA CONTAINERS, INC. V. THE UNITED STATES

Filed 02/22/2012
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); material misrepresentation; 28 U.S.C. § 1491(b)(3), interests of national defense and national security. Signed by Judge Miller, C..

11-684C • FIRAS ABDUL RAZZAQ AL-QAISI V. UNITED STATES

Filed 02/22/2012
Absence of subject matter jurisdiction over tort claims and criminal violations; absence of subject matter jurisdiction over claims based on customary international law; military necessity doctrine; sovereign immunity for war-making functions Signed by Judge Lettow.

11-504C • DIVERSIFIED MAINTENANCE SYSTEMS, INC. V. THE UNITED STATES

Filed 02/21/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C.A. §§ 7101-7109 (West Supp. 2011). Signed by Judge Bush.

03-200T • IRA H. BARRY, ET AL. V. THE UNITED STATES

Filed 02/15/2012
Tax Equity and Fiscal Responsibility Act (TEFRA); AMCOR; refund suit; Prati; I.R.C. § 6229; I.R.C. § 6621; Motion for Reconsideration Signed by Judge Bruggink.

01-707V • MICHAEL STEPHEN SHAW V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/14/2012
Vaccine Act; Interim fees; Avera; McKellar Signed by Judge Bruggink.

07-272C • MARK G. ABBEY, ET AL. V. THE UNITED STATES

Filed 02/14/2012
Pretrial Proceeding; Disposition of Motions in Limine to Exclude Witnesses and Evidence Signed by Judge Hewitt.

11-341C • ZACHARY C. WARNER V. THE UNITED STATES

Filed 02/14/2012
Military Pay; Disability Retirement; Waiver; Estoppel Signed by Judge Bruggink.

07-676T • ESTATE OF RANKIN M. SMITH, SR., SUNTRUST BANK, TAYLOR W. SMITH, and RANKIN M. SMITH, JR., CO-EXECUTORS V. UNITED STATES

Filed 02/13/2012
Estate Tax; 26 U.S.C. § 2704, “Treatment of Certain Lapsing Rights and Restrictions” Signed by Judge Horn.

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