USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

99-524V • THOMAS WALTER RICCI, a minor, through his parents and natural guardians, DANIEL RICCI and EVA RICCI V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 11/10/2011
Review of Special Master’s Vaccine Act Decision; Alleged Seizure Disorder Caused by Hepatitis B Vaccine; Petitioners’ Failure to Establish Evidence of Inflammation; Court’s Deference to Special Master’s Reasonable Review of Evidence. Signed by Judge Wheeler.

09-708 C • ROBERT L. MOSS, Pro Se vs. THE UNITED STATES

Filed 11/08/2011
Military Retirement Pay; Statute of Limitations, 28 U.S.C. § 2501 (2006); Judgment on the Administrative Record. Signed by Judge Bush.

10-589T • THE ESTATE OF MORTON LIFTIN, JOHN LIFTIN, EXECUTOR V. THE UNITED STATES

Filed 11/08/2011
Motion for judgment on the pleadings pursuant to RCFC 12(c); estate tax return required within nine months of death pursuant to I.R.C. § 6075(a); late-filing penalty pursuant to I.R.C. § 6651(a); late-filing penalty excused if late filing is based on reasonable cause and not due to willful neglect; marital deduction pursuant to I.R.C. § 2056(a); U.S. citizen status of spouse before return filed pursuant to I.R.C. § 2056(d); late filing of return to allow spouse to become U.S. citizen and for estate to claim marital deduction pursuant to Treasury regulation § 20.2056A-1(b); reasonable cause based on reliance on expert advice; full disclosure to expert, reliance in good faith on advice, and no knowledge that return was due. Signed by Judge Miller, G..

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE V. THE UNITED STATES

Filed 11/07/2011
Motion to exclude supplemental expert report; RCFC 26 – expert disclosures; RCFC 26(e)(1)(A) – definition of what is a “supplement” to an expert report; Report that provided substantive calculations that were purposely excluded from earlier report was not a supplement; RCFC 37 – exclusion of expert report for failure to comply with discovery order; Exclusion under rule was warranted. Signed by Judge Allegra.

10-853C • ADAM M. BOYLE V. THE UNITED STATES

Filed 11/07/2011
Military pay; motion for judgment on the administrative record; review of military correction board action; disability pay; Army Reg. 635-200 ¶ 14-17.g.(1) (June 6, 2005); post-traumatic stress disorder; harmless error; presumption of regularity; RCFC 52.1, remand. Signed by Judge Miller, C..

09-841V • KATHERINE MCKELLAR V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 11/04/2011
Vaccine Act; Interim Fees; Reasonable Basis; Avera; Shaw Signed by Judge Bruggink.

03-2627C • ENTERGY NUCLEAR FITZPATRICK, LLC, et al. V. THE UNITED STATES

Filed 11/03/2011
Spent Nuclear Fuel; Motion to Reconsider Order to Strike Unavoidable Delays Defense; Unavoidable Delays Clause; Standard Contract; Northern States I; Writ of Mandamus; D.C. Circuit; Nebraska Public Power District; Southern Nuclear Operating Co.; Liability for Breach Compared to Liability for Damages; Certification for Interlocutory Appeal Signed by Judge Damich.

07-137 V • PETER BROEKELSCHEN, M.D. vs. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 10/31/2011
Vaccine Act; Opinion and Order on Motion for Review of Award of Attorney’s Fees and Costs in Addition to Interim Award of Fees and Costs; Motion for Review Denied; Special Master’s Award Affirmed Signed by Judge Miller, G..

11-84C • LIBERTY AMMUNITION, INC. V. UNITED STATES

Filed 10/31/2011
Patent case with attendant breach-of-contract and unfair-competition claims; jurisdiction over the contract claims; exceptions to the Anti-Assignment Act; lack of subject matter jurisdiction over claim under the Lanham Act; discretion not to exercise pendent jurisdiction over unfair-competition claim based upon Florida law Signed by Judge Lettow.

04-541L • STOCKTON EAST WATER DISTRICT and CENTRAL SAN JOAQUIN WATER DISTRICT V. THE UNITED STATES

Filed 10/31/2011
Takings; breach of contract; partial breach of contract; 28 U.S.C. § 1500 (2006); United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011); RCFC 15(d), supplemental complaint; substantial overlap in operative facts; RCFC 41(a)(2), voluntary dismissal. Signed by Judge Miller, C..

07-273L • STEPHEN J. ROGERS, et al., V. THE UNITED STATES

Filed 10/31/2011
Motion for Partial Summary Judgment; RCFC 56; Fifth Amendment Taking; Rails-to-Trails Act; Florida Law; Fee Simple; Right-of-Way; Abandonment; Measurement of Just Compensation. Signed by Judge Williams.

09-265C & 09-882C • EXXON MOBIL CORPORATION V. THE UNITED STATES

Filed 10/31/2011
Shell Oil Co. v. United States, 93 Fed Cl. 441 (Fed. Cl. 2010);“Avgas;” “History of the Petroleum Administration for War;” “Charges;” First War Powers Act of 1941; Executive Orders 9001, 9024; anti-Deficiency Act, Pub. L. No. 59-28, 34 Stat. 27, 49 (1906); Defense Supply Corporation Signed by Judge Smith.

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

Filed 10/28/2011
Bid Protest; Motion to Supplement the Administrative Record Denied Signed by Judge Hewitt.

09-419T • MAGMA POWER COMPANY and MIDAMERICAN ENERGY HOLDINGS COMPANY AND SUBSIDIARIES V. THE UNITED STATES OF AMERICA

Filed 10/28/2011
Claim for Tax Refund; Internal Revenue Code, 26 U.S.C. § 6621(d); Interest Netting on Underpayments and Overpayments; Consolidated Group Income Tax Returns; Statutory Construction; Plain Meaning of “Same Taxpayer;” Taxpayer/Employee Identification Number; Legislative Intent Signed by Judge Baskir.

11-446C • D&S CONSULTANTS, INC. V. THE UNITED STATES and CACI-ISS, INC. and HP ENTERPRISE SERVICES, LLC, Defendant-Intervenors

Filed 10/28/2011
Post-award bid protest; exclusion from final competitive range; agency concerns re “unrealistically low labor rates” and allocation of labor hours; price realism analysis concludes very high degree of risk for recruiting and retaining an adequate workforce and for understanding problems involved in meeting contractual requirements; independent government cost estimate; contemporaneous record re development and application of same; post-hoc rationalization v. clarification of prior agency action; consideration of agency statements made during GAO protest; “agency record” as defined by 31 U.S.C. § 3556; “core documents,” including those identified in RCFC, Appendix C, paragraph 22(u); items for negotiation; meaningful and equal discussions with all offerors within the initial competitive range; FAR 15.306(d)(3); FAR 15.306(e)(1); agency did not rely upon new, unstated determinative criterion in evaluating plaintiff’s proposal Signed by Judge Miller, G..

11-377C • RALPH J. LAMSON V. THE UNITED STATES

Filed 10/27/2011
Fifth Amendment Takings Clause; waiver of sovereign immunity under 28 U.S.C. § 1498; jurisdiction to hear patent infringement claims under the Tucker Act; federal grant contracts; inability of lower court to find implicit overruling Signed by Judge Firestone.

09-642C • THE MARQUARDT COMPANY V. THE UNITED STATES

Filed 10/27/2011
Motion for Summary Judgment Denied Signed by Judge Hewitt.

07-272C • MARK G. ABBEY, ET AL. V. THE UNITED STATES

Filed 10/27/2011
Denying Joint Motion for Rule 54(b) Certification Signed by Judge Hewitt.

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