USCFC General Jurisdiction-Reported

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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.

11-257C • CITIZENS INSURANCE COMPANY OF AMERICA V. THE UNITED STATES

Filed 12/29/2011
Subject Matter Jurisdiction; Motion to Dismiss; RCFC 12(b)(1); Medicare Secondary Payer Act; Failure to Allege Violation of a Money-Mandating Source of Substantive Law; Purported Implied-in-Fact Contract; Testan; Wilson; Aerolineas Argentinas; Lion Raisins, Inc. Signed by Judge Sweeney.

09-114L • JOHNNY GREGORY, et al. V. THE UNITED STATES

Filed 12/29/2011
Rails-to-Trials Case; Motion for Reconsideration; Claims Related to Parcels Obtained by Adverse Possession. Signed by Judge Wheeler.

08-899C • MICHAEL SABO, et al. V. THE UNITED STATES

Filed 12/22/2011
Class Action; Approval of Settlement Agreement; Post Traumatic Stress Disorder; 10 U.S.C. § 1216a(a)(1); 38 U.S.C. § 1155; 38 C.F.R. § 4.129; Disability Ratings; Fairness Hearing; Factors Favoring Final Approval of Class Action Settlement Agreement. Signed by Judge Miller, G..

99-4451L • JOHN H. BANKS, ET AL., V. THE UNITED STATES

Filed 12/22/2011
Complaints for Taking of Shoreline by Erosion; Opinion Dismissing Complaints After Trials of Liability and Damages Signed by Judge Hewitt.

10-298C • MORI ASSOCIATES, INC. V. THE UNITED STATES

Filed 12/21/2011
Pre-award bid protest; NIH; NIDDK; cancellation of procurement; jurisdiction based on FAR §§ 1.602-2 & 3.101-1; duty of fair and honest consideration; arbitrary action; permanent and preliminary injunctions; FAR § 7.302(b) and OMB Circular A-76; small business set-asides & Rule of Two, FAR § 19.502-2(b); task orders; statutory interpretation; use of legislative history when text is plain; sunset clause of 41 U.S.C.A. § 4106(f)(3); agency’s cost-savings analysis. Signed by Judge Wolski.

09-691C • INTERNATIONAL INDUSTRIAL PARK, INC., et al. V. THE UNITED STATES

Filed 12/21/2011
Motion for Reconsideration; Attorneys’ Fees; Waiver of Sovereign Immunity; Fee-Shifting Provision; Contract Interpretation; Plain and Ordinary Meaning. Signed by Judge Wheeler.

09-241L • STEVEN JENKINS, et al. V. THE UNITED STATES

Filed 12/20/2011
Fifth Amendment Takings Clause; Rails-to-Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Iowa Law; Scope of Railroad Easement Conveyed by Deed; Extent of Government’s Taking Liability Signed by Judge Firestone.

11-573C • ORION TECHNOLOGY, INC. V. THE UNITED STATES

Filed 12/20/2011
Preaward Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; Noncompliant Proposal; Missing Teaming Partner Cost/Price Data; Exclusion From Competition After Initial Screening of Proposals; Standing; Section L Versus Section M of the Solicitation; Procuring Agency Discretion Signed by Judge Sweeney.

09-236C • MARTIN CONSTRUCTION, INC. V. THE UNITED STATES

Filed 12/20/2011
Corps of Engineers Construction Contract; Default Termination; Failure to Make Progress vs. Failure to Meet Completion Date; Excusable Delay; Defective Specifications; Effect of Contract Modifications After Completion Date; Waiver; Conversion to Termination for Convenience. Signed by Judge Wheeler.

02-69C • CLINCHFIELD COAL CO., et al., V. THE UNITED STATES

Filed 12/20/2011
Motion to Continue Stay; Indefinite Stay; No Pressing Need; Harm to Government; Competing Interests. Signed by Judge Bush.

10-750V • STEPHANIE VINO FIGUEROA, as personal representative of the estate of MANNY FIGUEROA, deceased V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/20/2011
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Standing to Bring Petition; Estate of Person Who Died of Causes Unrelated to Vaccine Injury Lacks Standing to Bring Suit. Signed by Judge Bush.

11-527C • LONNIE WICKLIFFE V. THE UNITED STATES

Filed 12/20/2011
Subject Matter Jurisdiction; Motion to Dismiss; Pro Se Complaint; Frivolous Allegations; No Contract With the United States; Failure to Allege a Violation of any Money-Mandating Provision; Emancipation Proclamation; Case or Controversy Requirement; Purported Treaty; Negligence Claims; Punitive Damages; Transfer Not Appropriate Signed by Judge Sweeney.

09-152L • CAROLINA PLATING WORKS, INC. V. THE UNITED STATES

Filed 12/19/2011
Class action; Rails-to-Trails Act – takings; Cross-motions for partial summary judgment; Standard for determining just compensation; “Before” value of property; Timing of takings; Abandonment – controlled by state law (South Carolina); Existence of genuine issues of material fact preclude judgment, as a matter o f law, on whether abandonment of rail line occurred before alleged takings. Signed by Judge Allegra.

10-676T • JUSTIN SCHLABACH V. UNITED STATES

Filed 12/19/2011
Claim for refund of penalties imposed for frivolous tax returns and tax submissions; 26 U.S.C. § 6702; identified frivolous positions under 26 U.S.C. § 6702(c); IRS’ destruction of tax return and submissions; government’s burden of proof; 26 U.S.C. § 6703; withdrawal of frivolous tax position; 26 U.S.C. § 6702(b)(3) Signed by Judge Lettow.

11-400C & 11-416C • JOINT VENTURE OF COMINT SYSTEMS CORPORATION AND EYEIT.COM, INC., et al. V. THE UNITED STATES

Filed 12/19/2011
Postaward Bid Protest; 28 U.S.C. § 1491(b); Motions to Dismiss; RCFC 12(b)(1); Standing; Prejudice; “Substantial Chance” of Receiving a Contract Award Absent Alleged Procurement Errors; Information Technology & Applications Corp.; Myers Investigative & Security Services, Inc.; Rex Service Corp. Signed by Judge Sweeney.

07-501V • YLUMINADA MOJICA and JULIO ACEVEDO, as legal representatives of JOSHUA ACEVEDO V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/14/2011
Motion for relief from a final judgment; overruling of the precedent dictating the prior judgment; RCFC 60(b)(5); overruling was in a different case; RCFC 60(b)(6); “extraordinary circumstances” Signed by Judge Lettow.

07-59V • JED SNYDER and LILIA SNYDER, Parents of N.S., a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/13/2011
Alternative Causation; Causation-In-Fact; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-12(e)(2); Pre-Existing Condition. Signed by Judge Braden.

07-60V • FRANK HARRIS, Parent of JORDAN HARRIS, a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/13/2011
Alternative Causation; Causation-In-Fact; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-12(e)(2); Pre-Existing Condition. Signed by Judge Braden.

06-933T • E. HAFFNER FOURNIER, et al. V. THE UNITED STATES

Filed 12/13/2011
Amcor; TEFRA; Partnership Item; Penalty Interest; Interlocutory Order; Reconsideration. Signed by Judge Wheeler.

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