USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-509C • YOUR RECRUITING COMPANY, INC. V. THE UNITED STATES

Filed 10/22/2012
Bid Protest; Procurement Integrity Act; Alleged Plagiarism; De Novo Review. Signed by Judge Bruggink.

12-622C • LABORATORY CORP. OF AMERICA V. THE UNITED STATES

Filed 10/22/2012
Bid protest; Time for submitting proposal – difference between solicitation and GSA e-Buy website; Defendant argues GSA e-Buy website incorporated into solicitation; Failure to maintain any copy of the website post-award; Arguments regarding possible spoliation and sanctions to be briefed. Signed by Judge Allegra.

11-499C • HARTFORD FIRE INSURANCE COMPANY V. THE UNITED STATES

Filed 10/22/2012
Contract Disputes Act; Motion to Dismiss for Failure to State a Claim; Miller Act, 40 U.S.C. Section 3131; Equitable Subrogation Rights; Notice Requirements for Stakeholder Duty; Reasonable Discretion in Disbursing Funds Signed by Judge Futey.

09-648L • GEORGE E. SUTTON, JR., et al. V. THE UNITED STATES OF AMERICA

Filed 10/18/2012
Rails-to-Trails; Fifth Amendment Takings Clause; Application of State Property Law; California Law; RCFC 56 Cross-motions for Summary Judgment; Chain of Title Evidence Signed by Judge Hodges.

11-520C • AFGHAN AMERICAN ARMY SERVICES CORPORATION V. THE UNITED STATES

Filed 10/18/2012
REDACTED ADDENDUM TO OPINION AND ORDER Signed by Judge Williams.

11-502C • KENNEY ORTHOPEDIC, LLC, et al. V. THE UNITED STATES

Filed 10/17/2012
28 U.S.C. § 1500 (2006); 28 U.S.C. § 1561 (2006); 28 U.S.C. § 2283 (2006); RCFC 8 (rules of pleading); RCFC 9(b) (pleading fraud or mistake; conditions of mind); RCFC 12(b)(1) (subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim); RCFC 12(f) (motion to strike); RCFC 15(a)(2) (amending pleadings); Restatement (Second) of Contracts § 159 (1981). Signed by Judge Braden.

12-332C • IHS GLOBAL INC. V. THE UNITED STATES

Filed 10/16/2012
Bid protest; Challenge to Sole-Source Award Under CICA, 10 U.S.C. § 2304(c)(1); Ownership of Technical Data Rights; DFARS Provision for Resolving Data Rights Disputes; Analysis of Standing Requirements. Signed by Judge Wheeler.

11-659C • ETTEFAQ-MELIAT-HAI-AFGHAN CONSULTING, INC. V. THE UNITED STATES

Filed 10/16/2012
Post-award Bid Protest; Responsibility Determination; Corrective Action; Ineligibility Under Vendor Vetting Program; Apparent Successful Offeror. Signed by Judge Williams.

12-89C • UNION PACIFIC RAILROAD COMPANY V. THE UNITED STATES

Filed 10/16/2012
Dispute over contract for construction of railroad facilities, including two large culverts; statute of limitations; 28 U.S.C. § 2501; date of accrual of claim Signed by Judge Lettow.

08-700C • JAY ANTHONY DOBYNS V. THE UNITED STATES

Filed 10/16/2012
Contract case; Cross-motions for summary judgment – RCFC 56; Existence of genuine issues of material fact precluded entry of judgment as a matter of law; Trial ordered. Signed by Judge Allegra.

11-520C • AFGHAN AMERICAN ARMY SERVICES CORPORATION V. THE UNITED STATES

Filed 10/15/2012
Post-award Bid Protest; Responsibility Determination; Supplementation of the Administrative Record; Referral for Proposed Debarment; Withdrawal of Proposed Debarment; Disparate Treatment; Remand. Signed by Judge Williams.

11-894C • ATLANTIC DIVING SUPPLY, INC. V. THE UNITED STATES

Filed 10/11/2012
Bid Protest; Deference Due to Agency Technical Ratings; Internal Agency Documents; Change in Score Upon Reevaluation; Disparate Treatment of Offerors; Agency’s Discretion to Conduct Discussions Signed by Judge Firestone.

10-60C • LISA ADAMS, et al., on behalf of themselves and all others similarly situated V. THE UNITED STATES

Filed 10/11/2012
Class Action Settlement; 38 U.S.C. §§ 7453, 7454; RCFC 23(e)(2)(Settlement of class action). Signed by Judge Braden.

12-325C • PHOENIX MANAGEMENT, INC. V. THE UNITED STATES

Filed 10/09/2012
Bid protest; Executive Order 13,495, 74 Fed. Reg. 6103 (2009); Federal Acquisition Regulations 3.104-7(a)(1) (duty to report violations involving proprietary or source selection sensitive information); 9.504(c) (resolving organizational conflicts of interest); 15.303(b) (source selection authority responsibilities); 15.305(a) (evaluation of competitive proposals); Procurement Integrity Act, 41 U.S.C. § 423 (2006); Restatement Second) of Contracts § 159 (1981); Restatement (Second) of Torts, § 652C (1977); Supplementation of Administrative Record Signed by Judge Braden.

99-697V • DONALD R. MASIAS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/05/2012
Vaccine Act; Appeal of Attorneys’ Fees, “Fees on Fees”; Wagner v. Shinseki, 640 F.3d 1255 (Fed. Cir. 2011); “Lodestar” Method; Nonprecedential Order Signed by Judge Hodges.

12-605C • CAREY W. BROOKER et al V. THE UNITED STATES

Filed 10/04/2012
Lack of Subject Matter Jurisdiction; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court's Inherent Power Signed by Judge Hewitt.

11-895C • EXTREME COATINGS, INC. V. THE UNITED STATES

Filed 10/03/2012
Contract Disputes Act; Failure of Contractor to Submit Claim to Contracting Officer Where Jurisdiction Exists as to Other Claims; Issuance of Stay for Contracting Officer to Issue Final Decision on Non-Identical Claim is in Best Interests of Judicial Efficiency. Signed by Judge Wheeler.

12-183L • CLARENCE and HELEN ANN CHAPMAN, et al. V. THE UNITED STATES

Filed 10/02/2012
Takings; Tucker Act, 28 U.S.C. § 1491(a) (2006); wildfire control; destruction of timber; destruction of personal property; RCFC 12(b)(6) motion to dismiss for failure to state a claim; whether fact-intensive nature of takings jurisprudence counsels against a rule that insulates from a takings claim governmental activity to stop the spread of a wildfire that destroys property. Signed by Judge Miller, C..

12-317C • GOLDEN MANUFACTURING CO., INC. V. THE UNITED STATES

Filed 10/01/2012
Pre-Award Bid Protest; Cardinal Change Doctrine; Whether Amendment of Solicitation Requires New Competition; Proper Standing Test for Pre-Award Bid Protests When Bids Have Been Received and Evaluated. Signed by Judge Bush.

08-349C • CHARLES J. RUSSELL V. THE UNITED STATES

Filed 09/28/2012
Motion for Judgment on the Administrative Record; Arbitrary and Capricious Standard of Review; Substantial Evidence, Physical Evaluation Board; Disability Rating; 10 U.S.C. § 1201; 38 C.F.R. § 4.130. Signed by Judge Smith.

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