USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-453C • SUFI NETWORK SERVICES, INC. V. THE UNITED STATES

Filed 01/17/2012
Contractor’s Claim under Non-CDA Disputes Clause; CO’s Failure to Issue Timely Final Decision; Material Breach of Disputes Clause; Contractor Not Required to Exhaust Administrative Remedies; NAFI Entity. Signed by Judge Wheeler.

11-725C • CERADYNE, INC. V. THE UNITED STATES

Filed 01/17/2012
Bid Protest; 28 U.S.C. 1491(b)(1); Contract Modification; Competition in Contracting Act (CICA), 41 U.S.C. § 3301; AT&T Comm’ns v. Wiltel, Inc., 1 F.3d 1201 (Fed. Cir. 1993); Claim Related to Responsibility Determination Dismissed as Moot. Signed by Judge Firestone.

09-14C • RAILWAY LOGISTICS INTERNATIONAL V. THE UNITED STATES OF AMERICA

Filed 01/17/2012
Breach of Contract Claim; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 41 U.S.C. § 7103(c)(2); Jurisdiction; Government as De Facto Plaintiff; Motion to Dismiss Counterclaims; for Convenience Signed by Judge Hodges.

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

Filed 01/13/2012
Pro Se; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Hewitt.

10-422C • ALBERT J. KIPPLE V. THE UNITED STATES

Filed 01/12/2012
Jurisdiction; Fifth Amendment taking; illegal exaction; promissory note Signed by Judge Bruggink.

09-860L • MIKE MEHAFFY V. THE UNITED STATES

Filed 01/10/2012
Takings; regulatory taking; summary judgment; denial of application for fill permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. § 1344 (2006); determination of whether defendant has established under RCFC 56 that plaintiff can show no regulatory taking based on Penn Central analysis. Signed by Judge Miller, C..

09-109T • Michael F. Curtin and Vivien G. Johnson, Personal Representatives of the ESTATE OF ELEANOR CLOSE BARZIN, Deceased V. THE UNITED STATES

Filed 01/10/2012
Taxes, jurisdiction over tax refund claim, 26 U.S.C. § 7422(e), Court loses jurisdiction over claim asserted in Tax Court Signed by Judge Margolis.

11-690C • Science Applications International Corp. v. The United States and Intervenor Defendants

Filed 01/09/2012
Post-award bid protest; standing; contents of the administrative record. Signed by Judge Merow.

07-784V • VERONICA ARGUETA, as the legal representative of her minor son, JOSHUA ARGUETA V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/09/2012
DTaP Vaccination; Vaccine Injury Table; Table Encephalopathy; Acute Encephalopathy; Pre-Vaccination Evidence of Injury Signed by Judge Damich.

11-516C • BAYFIRST SOLUTIONS, LLC V. THE UNITED STATES

Filed 01/09/2012
Post-Award Bid Protest; Disparate Treatment of Offerors; Irrational Evaluation Ratings; Flawed Tradeoff Analysis; Injunctive Relief. Signed by Judge Bush.

11-803C • DAISY J. BRAM V. THE UNITED STATES

Filed 01/06/2012
Pro se; motion to dismiss; RCFC 12(b)(1); Tucker Act; 28 U.S.C. § 1491; state officials; breach of contract Signed by Judge Damich.

11-700C • BROOKS RANGE CONTRACT SERVICES, INC. V. THE UNITED STATES OF AMERICA

Filed 01/06/2012
Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record Signed by Judge Hewitt.

09-531T • SEVERINO MARTINEZ, d/b/a MARTINEZ TRUCKING V. THE UNITED STATES

Filed 01/05/2012
Taxes; Section 530 of the Revenue Act of 1978 “safe haven”; proof of timely delivery; physical delivery rule; 26 U.S.C. § 7502 exceptions to physical delivery rule; common law mailbox rule. Signed by Judge Margolis.

09-531T • SEVERINO MARTINEZ, d/b/a MARTINEZ TRUCKING V. THE UNITED STATES

Filed 01/05/2012
Taxes; admissibility of depositions at trial; timeliness; exceptional circumstances Signed by Judge Margolis.

11-404C • PERRY FAISON V. THE UNITED STATES

Filed 01/04/2012
The U.S. Court of Federal Claims is Without Jurisdiction to Review or Award Damages With Respect to an Administrative Decision of the U.S. Department of Education; Rule 12(b)(1); Transfer of the Case Not Appropriate; 28 U.S.C. § 1631 Signed by Judge Hewitt.

11-790C • URS FEDERAL SERVICES, INC. V. UNITED STATES

Filed 12/30/2011
Post-Award Bid Protest; Competition In Contracting Act, 31 U.S.C. § 3553; Override; 48 C.F.R. § 16.603-2(a). Signed by Judge Braden.

06-900L • ROUND VALLEY INDIAN TRIBES V. THE UNITED STATES

Filed 12/30/2011
Motion to Intervene, RCFC 24 Signed by Judge Braden.

08-537C • USHIP INTELLECTUAL PROPERTIES, LLC V. THE UNITED STATES

Filed 12/30/2011
Continuation Patent Applications; Motion For Reconsideration; Parent Patent; Prosecution History Disclaimer; Restriction Requirement, 37 C.F.R. §§ 1.111, 1.142(a). Signed by Judge Braden.

11-562C • AKAL SECURITY, INC. V. THE UNITED STATES

Filed 12/29/2011
Post-Award Bid Protest, 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Intervenor, RCFC 24(a); Judgment on the Administrative Record, RCFC 52.1; Administrative Procedure Act, 5 U.S.C § 706; Responsibility Determination; Disparate Treatment; Federal Acquisition Regulation 15.308; Source Selection Authority Independent Judgment; Source Selection Authority Comparative Assessment; Best-value procurement. Signed by Judge Braden.

01-627C • TIMBER PRODUCTS COMPANY V. UNITED STATES OF AMERICA

Filed 12/29/2011
Timber Sale Contract; Breach of Implied Duties to Cooperate and Not Hinder performance; Standard for Demonstrating Breach; Reasonableness of Government Conduct. Signed by Judge Williams.

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