USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-39C • VANGUARD RECOVERY ASSISTANCE, JOINT VENTURE V. UNITED STATES

Filed 11/29/2011
Post-award bid protest of a multi-award procurement by FEMA of architectengineer services to support disaster relief; failure to prepare performance evaluations of incumbent contractors on the predecessor contracts, contrary to FAR § 42.1502; failure to provide an adequate opportunity to obtain PPQs regarding the incumbent contractors’ work; reasonableness of the rankings of the offerors; past performance evaluations; prejudice Signed by Judge Lettow.

06-921L • PRAIRIE BAND OF POTAWATOMI INDIANS V. THE UNITED STATES

Filed 11/29/2011
Tribal Trust Claims; 28 U.S.C. § 1500 (2006); Substantially the Same Operative Facts; Res Judicata Principles. Signed by Judge Bush.

11-534C • SURVIVAL SYSTEMS, USA, INC. V. THE UNITED STATES OF AMERICA

Filed 11/28/2011
Bid Protest; Motion for Judgment on the Administrative Record Signed by Judge Hewitt.

99-533V • CASEY HOCRAFFER V. SECRETARY OF HEALTH and HUMAN SERVICES

Filed 11/22/2011
ORDER DENYING PETITIONER'S MOTION FOR REVIEW Signed by Judge Firestone.

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

Filed 11/22/2011
Post-award bid protest; Service-Disabled Veteran-Owned Small Businesses; Veteran Owned Small Businesses; best-value tradeoff analysis; documentation and explanation of tradeoff analysis; FAR 15.308; higher-priced, technically superior proposal; lower-priced, technically equal proposal; Blue & Gold Fleet L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007), waiver of claims based on defects in Solicitation if not raised before close of bidding process; items for negotiation; meaningful and equal discussions with all offerors; Veterans First Program; prejudice; substantial chance to receive award if defects cured; tailored injunctive relief Signed by Judge Miller, G..

11-347C • DAVID KISSI V. THE UNITED STATES

Filed 11/22/2011
Pro se Plaintiff; Breach of Contract and Fraud Claims; Rule 12(b)(1) and 12(b)(6) Motion to Dismiss; Lack of Subject Matter Jurisdiction on Contract Claim; Failure to State a Claim on Fraud Claim; Plaintiff Enjoined from Filing Future Complaints without Court Approval. Signed by Judge Wheeler.

09-421C • SAMUEL W. HARRIS V. UNITED STATES

Filed 11/21/2011
Military Pay; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Cross-Motions for Judgment on the Administrative Record; Voluntary Resignation; Partially Vacated Court-Martial Conviction Signed by Judge Horn.

08-888C • MICHAEL ADAMOWICZ, et al. V. THE UNITED STATES

Filed 11/21/2011
Taxes; discharge of lien for taxes on estate property; authority to bind government to agreement to discharge lien Signed by Judge Margolis.

93-280C • FRANK P. SLATTERY, JR., et al. V. THE UNITED STATES

Filed 11/18/2011
damages, motion to intervene Signed by Judge Smith.

11-735C • SERCO, INC. V. THE UNITED STATES OF AMERICA

Filed 11/18/2011
Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; RCFC 65 Signed by Judge Block.

06-940L • THE COEUR D’ALENE TRIBE V. THE UNITED STATES

Filed 11/18/2011
28 U.S.C. § 1500; Tohono O’Odham Nation; RCFC 12(b)(1); subject matter jurisdiction; Indian trust claim; Tecon Engineers; order-of-filing rule; same day filing; simultaneous filing; substantially the same operative facts Signed by Judge Damich.

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

Filed 11/17/2011
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. Signed by Judge Smith.

06-920 L • IOWA TRIBE OF KANSAS ANDIOWA TRIBE OF KANSAS AND NEBRASKA vs. THE UNITED STATES

Filed 11/17/2011
28 U.S.C. § 1500; Tohono O’Odham Nation; RCFC 12(b)(1); subject matter jurisdiction; Indian trust claim; substantially the same operative facts Signed by Judge Damich.

11-608C • NORTHROP GRUMMAN COMPUTING SYSTEMS, INC. V. THE UNITED STATES

Filed 11/16/2011
Contract case; Order to show cause why second lawsuit involving same claim should not be dismissed; Contract Disputes Act; Sharman; Contracting officer decision rendered on claim that was subject of pending appeal was a nullity; Lack of jurisdiction; Case dismissed. Signed by Judge Allegra.

11-269 C • SAMMIE THOMPSON and SAMMIE THOMPSON and vs. THE UNITED STATES

Filed 11/16/2011
Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; Failure to Identify a Source of Substantive Law That Creates a Right to Monetary Relief Against the United States; Failure to Allege Contract Between Plaintiffs and the United States; RCFC 9(k); Statute of Limitations; 28 U.S.C. § 2501; Court Cannot Transfer Claims to a State Court Signed by Judge Sweeney.

06-30T • RUSSIAN RECOVERY FUND LIMITED, RUSSIAN RECOVERY ADVISORS, L.L.C., Tax Matters Partner V. THE UNITED STATES

Filed 11/15/2011
Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. §§ 6221 et. seq.; Final Partnership Administrative Adjustment; Statute of Limitations. Signed by Judge Bruggink.

99-552V • ELIZABETH SHAPIRO V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 11/15/2011
Vaccine case; Petition for review; Hepatitis-B vaccination; Standard of review; Hypothyroidism; Finding that hypothyroidism predated vaccination was arbitrary and capricious; Misapplication of “contemporaneous record” rule; Failure to explain or otherwise account for contradiction in medical record as to critical fact; Systemic Lupus Erythematosus; Failure to show proximate temporal relationship between the vaccination and the onset of illness; Remand. Signed by Judge Allegra.

10-218T • DAVID LEE SMITH vs. THE UNITED STATES

Filed 11/14/2011
Motion to dismiss; RCFC 12(b)(1); Tucker Act; I.R.C. § 7422; I.R.C. § 7433; I.R.C. § 6512; I.R.C. § 6015; pro se; tax refund claim; full payment rule Signed by Judge Damich.

10-661T • GORDON W. BUSH, et al. V. THE UNITED STATES

Filed 11/14/2011
Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”); RCFC 12(b)(1) dismissal for lack of jurisdiction; 26 U.S.C. § 7422(h); refund action for a refund “attributable to partnership items”; 26 U.S.C. § 6621(c); penalty interest for tax motivated transactions. Signed by Judge Firestone.

11-289C • GONZALES-MCCAULLEY INVESTMENT GROUP, INC. V. THE UNITED STATES

Filed 11/14/2011
Motion for Summary Judgment; Issues of Government Contract Formation; Interpretation of FAR 13.004(a); Use of Prior Course of Dealing Evidence. Signed by Judge Wheeler.

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