USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

07-739T • INTERSPORT FASHIONS WEST, INC. V. THE UNITED STATES OF AMERICA

Filed 02/13/2012
Motion for Summary Judgment; 26 U.S.C. § 482; 26 C.F.R. § 1.482-1 Signed by Judge Hewitt.

11-779C • STARR INTERNATIONAL COMPANY, INC. V. THE UNITED STATES

Filed 02/10/2012
Shareholder Derivative Actions; Corporation as Necessary Party; Waiver of Sovereign Immunity; Service of Process; Proper Alignment of Corporation; Rules 4, 19(a), and 23.1; Required Joinder. Signed by Judge Wheeler.

11-326T • VICTORIA LYNN MURDOCK, trustee of the John S. Murdock Inter Vivos Trust V. UNITED STATES

Filed 02/09/2012
Motion to dismiss tax-refund suit as untimely under I.R.C. § 6511(b)(2)(A); limitations on filing a claim stated in I.R.C. §§ 6511(a) and 6511(b)(1); limitations on availability of a refund stated in I.R.C. § 6511(b)(2); tolling due to financial disability under I.R.C. § 6511(h) Signed by Judge Lettow.

09-121L • B.P. BUFORD, et al. V. THE UNITED STATES

Filed 02/07/2012
Rails to Trails; Scope of Easement; Railroad Purposes; Interim Trail Use and Railbanking; Mississippi Law Signed by Judge Smith.

12-73C • BRUCE WOODRUFF KURT V. THE UNITED STATES

Filed 02/07/2012
Jurisdiction; United States Is the Only Proper Defendant; United States Constitution, Article III, Section 2, Paragraph 2; Due Process; Habeas Corpus; Criminal Code; Civil Rights Act; State Constitution; Equitable Relief; Refund of Bail; Motion to Seal Complaint; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

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

Filed 02/06/2012
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..

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

Filed 02/06/2012
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..

11-205C • THOMAS F. SPELLISSY V. THE UNITED STATES

Filed 02/02/2012
Military pay case; 10 U.S.C. § 1370 and Army Regulation 15-80 paragraph 4-1.a (July 12, 2002); retirement grade determinations for officers; money-mandating provisions; 10 U.S.C. § 1552 and Army Regulation 15-185 (Mar. 31, 2006); review of action by military correction board; Army properly reopened retirement grade determination based on plaintiff’s post-retirement conviction for conspiracy where offense occurred before retirement; Army Regulation 15-80 paragraph 4-1.c; Army properly found plaintiff’s service in the rank of Colonel (O-6) was not satisfactory in light of finding that plaintiff engaged in criminal conduct while on active duty; Army Regulation 15-80 paragraphs 2-4 and 2-5; law of the case, issue preclusion, claim preclusion, judicial estoppel. Signed by Judge Miller, G..

11-570C • CRASSOCIATES, INC V. THE UNITED STATES

Filed 02/01/2012
Bid protest action; Motion for stay pending appeal; Standard for granting stay motion; Plaintiff has not demonstrated a substantial likelihood of prevailing on appeal; Equities do not weigh in favor of granting stay; Desire to preserve competitive benefits of incumbency not enough to warrant stay; Motion denied. Signed by Judge Allegra.

05-965C • CEBE FARMS, IND., AND JOSEPH CEBE V. THE UNITED STATES

Filed 01/31/2012
Motion for Judgment on the Pleadings; RCFC 12(c); Factual Allegations Raise a Right to Relief Above the Speculative Level; Twombly; Plaintiffs Allege the Existence of Elements of Contract Formation; Harbert/Lummus Agrifuels Projects; Trauma Service Group; Lion Raisins, Inc.; Dispute of Material Facts Signed by Judge Sweeney.

06-860T • MERLIN P. NORTHCUTT AND ELIZABETH F. NORTHCUTT V. THE UNITED STATES

Filed 01/31/2012
AMCOR; Federal Income Tax Partnerships; Final Partnership Administrative Adjustment; Sham Transactions; Tax Motivated Interest, 26 U.S.C. § 6621(c); Reconsideration, RCFC 54(b). Signed by Judge Braden.

11-160C • LAWRENCE MENDEZ, JR. V. THE UNITED STATES

Filed 01/31/2012
Military pay; jurisdiction; Military Pay Act, 37 U.S.C. § 204 (2006); motion for judgment on the administrative record; review of military correction board action; Marine Corps Order P1610.7F, Performance Evaluation System (Nov. 19, 2010); harmless error; presumption of regularity; RCFC 52.1 remand. Signed by Judge Miller, C..

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