USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-112C • ATKINS NORTH AMERICA, INC. V. THE UNITED STATES

Filed 08/30/2012
Cross-Motions for Summary Judgment; Validity of Contracting Officer’s Decision; Independent Judgment; Timing and Conclusory Nature of Contracting Officer’s Declaration Signed by Judge Sweeney.

10-152L • NATIONAL FOOD & BEVERAGE CO., INC. V. UNITED STATES

Filed 08/29/2012
Post-Katrina removal of clay by the Corps of Engineers from plaintiff’s property to repair damaged levees; proof of compensable property interest; interpretation of reservation clause in deed; physical taking; just compensation; applicability of the “no government demand” rule Signed by Judge Lettow.

12-75C • CROMAN CORPORATION V. THE UNITED STATES

Filed 08/29/2012
Forest Service solicitation to acquire helicopters for use in fighting forest fires; protests by plaintiff and other offerors at GAO; Forest Service proposes corrective action; plaintiff’s bid protest action seeks to challenge corrective action; ripeness; standing; mootness; evaluation of proposals; FAR 15.305(a); rating methods neither irrational nor contrary to law; plaintiff fails to show prejudice due to alleged errors in best-value tradeoff determinations. Signed by Judge Miller, G..

11-123C • OVERSEAS LEASE GROUP, INC. V. THE UNITED STATES OF AMERICA

Filed 08/24/2012
Contract Disputes Act; RCFC 56(a), Cross Motions for Summary Judgment; Breach of Contract; Contract Interpretation; Ambiguity; Extrinsic Evidence; FAR 52.217-8, Option to Extend Services Signed by Judge Hodges.

05-249C • NYCAL OFFSHORE DEVELOPMENT CORP. V. THE UNITED STATES

Filed 08/23/2012
Breach of contract; Oil and gas leases; Lost profits; Intervening cause Signed by Judge Bruggink.

08-582C • INNOCENT ALOZIE et al. V. THE UNITED STATES

Filed 08/22/2012
Overtime Claim Filed By ICE Law Enforcement Officers; Availability of Meal Break; Regularly Scheduled Overtime; Fair Labor Standards Act; Administratively Uncontrollable Overtime; Burden of Proof. Signed by Judge Wheeler.

09-315L • WHISPELL FOREIGN CARS, INC., ET AL. V. THE UNITED STATES

Filed 08/22/2012
Fifth Amendment Rails-to-Trails Takings Claim; Abandonment; Measure of Just Compensation Signed by Judge Hewitt.

08-848C • LUMMI TRIBE OF THE LUMMI RESERVATION, ET AL. V. THE UNITED STATES

Filed 08/21/2012
Section 405 of the Native American Housing Assistance and Self-Determination Act of 1996 ("NAHASDA"), 25 U.S.C. § 4165. When a statutory provision and its implementing regulations specify procedures to be followed with respect to the recapture of grant funds, an agency is not free to disregard those procedures and resort instead to federal common law remedies. Signed by Judge Wiese.

11-715C • ALAN GROSS V. THE UNITED STATES

Filed 08/21/2012
Motion for Class Certification; Sunday Premium Pay, 5 U.S.C. § 5546; Modification of Proposed Class Definition; Failure to Satisfy the Requirements of RCFC 23 Signed by Judge Sweeney.

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

Filed 08/20/2012
Motion for Interlocutory Appeal, 28 U.S.C. § 1292(d)(2); Ad Hoc Review; Unique Taking Theory; Consolidation, RCFC 42(a) Signed by Judge Hodges.

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

Filed 08/20/2012
Motion for Interlocutory Appeal, 28 U.S.C. § 1292(d)(2); Ad Hoc Review; Unique Taking Theory; Consolidation, RCFC 42(a) Signed by Judge Hodges.

11-784C • ARRIVALSTAR S.A. and MELVINO TECHNOLOGIES LIMITED V. THE UNITED STATES

Filed 08/20/2012
Patent case; E-discovery management order; Timing of e-discovery; Presumptive limits on email productions for custodians and searches; Clawback provisions under Fed. R. Evid. 502; Provisions dealing with assertion of privilege; Format for production. Signed by Judge Allegra.

12-61C • NAVARRO RESEARCH AND ENGINEERING, INC. V. THE UNITED STATES

Filed 08/17/2012
Pre-Award Bid Protest; Challenge to Corrective Action Recommended by GAO; Rationality of GAO Decision; Failure to Meet Requirements of Solicitation; Fair and Equal Treatment of All Offerors; Integrated Evaluation; Timeliness; Prejudice. Signed by Judge Bush.

11-601C • CHRISTOPHER KORTLANDER, et al., V. UNITED STATES

Filed 08/16/2012
Takings; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim. Signed by Judge Horn.

09-575L • HENRY L. HOWARD, et al., V. UNITED STATES

Filed 08/16/2012
Fifth Amendment Takings; Railsto-Trails; Valuation; Ind. Code §§32-23-11-6, -7, -8. Signed by Judge Horn.

11-530C • STANDARD COMMUNICATIONS, INC. V. THE UNITED STATES

Filed 08/15/2012
Rule 54 of the Rules of the Court of Federal Claims; Equal Access to Justice Act, 28 U.S.C. § 2412; taxable costs, 28 U.S.C. § 1920; motion for attorney’s fees and expenses; Bill of Costs; government’s position was substantially justified. Signed by Judge Miller, G..

10-861C • EFRAIN E. FUENTES V. THE UNITED STATES

Filed 08/14/2012
Military Pay Act; back pay; reservist; Motion for judgment on the administrative record; medical retention standards; nonjusticiable Signed by Judge Damich.

12-274C • DISTRIBUTED SOLUTIONS, INC. V. THE UNITED STATES

Filed 08/10/2012
Department of Labor RFQ to procure Acquisition Management System; use of GSA Federal Supply Schedule to acquire IT system; FAR Part 8; FAR Part 15 inapplicable; DOL seeking a commercial-off-the-shelf (“COTS”) solution; plaintiff’s pre-award and post-award protests at GAO; DOL’s corrective action; reevaluation of proposals; live product demonstration; past performance evaluation; price reasonableness analysis; DOL’s calculation of Independent Government Cost Estimate (“IGCE”); tradeoff analysis was reasonable and adequately documented; IT Dashboard; DOL complied with duty to evaluate bids fairly and honestly. Signed by Judge Miller, G..

99-447C & 03-2626C • BOSTON EDISON COMPANY & ENTERGY NUCLEAR GENERATION CO. V. UNITED STATES

Filed 08/10/2012
Motion by the government for reconsideration of final judgment; the government’s contradictory posture, judgment having been entered after parties’ voluntary stipulation and request for that final judgment; grounds for reconsideration; awards of damages for partial breach; prematurity of an action; nascent claim for damages not yet scertainable; grounds for dismissal; leave to file a later claim when damages incurred; Restatement (Second) of Judgments § 20; Restatement (Second) of Judgments § 26 Signed by Judge Lettow.

12-278C • DERRICK D. PROPHET V. UNITED STATES

Filed 08/08/2012
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1500; In Forma Pauperis Application Signed by Judge Horn.

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