USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-131C • BAYFIRST SOLUTIONS, LLC, V. THE UNITED STATES

Filed 04/30/2012
Pre-Award Bid Protest; 41 U.S.C.A. § 4106(f) (West, Westlaw through P.L. 112-81); Standing; Lack of Jurisdiction over Challenge to Proposed Issuance of a Task Order, Except for Challenge to Scope of Proposed Task Order; Agency Cancellation of Solicitation Not Arbitrary. Signed by Judge Bush.

10-583C • THREE S CONSULTING V. THE UNITED STATES

Filed 04/27/2012
Post-Award Bid Protest; Standing to Challenge Award; Interested Party; Definition of Federal Procurement; Government Official’s Authority to Bind the Government Signed by Judge Firestone.

07-680C and 09-576C • 5860 CHICAGO RIDGE, LLC, V. THE UNITED STATES

Filed 04/27/2012
Government contracts; Trial; Lease of office building; Termination for default; Nature of government’s burden of proof in termination for default; Must defendant prove material breach?; Repeated leaks at building impacted defendant’s ability to enjoy and use building, warranting default; Problems with heating and air conditioning inadequately documented; Reprocurement costs disallowed; Property tax adjustment clause; Rent reductions overstated. Signed by Judge Allegra.

11-773C • MIDWEST TUBE FABRICATORS, INC. V. UNITED STATES

Filed 04/27/2012
Supplementation of the administrative record in a post-award bid protest; gap in the administrative record attributable in substantial part to the Marine Corps’ use of truncated procurement procedures available under FAR Part 13 Signed by Judge Lettow.

09-103L • Daniel and Kathy HAGGART on their own behalf and on behalf of a class of others similarly situated V. UNITED STATES

Filed 04/26/2012
Rails-to-trails case; over 500 opt-in plaintiffs; division of previously certified class into subclasses under RCFC 23(c)(5) Signed by Judge Lettow.

12-249C • OMNIPLEX WORLD SERVICES CORP. V. THE UNITED STATES

Filed 04/24/2012
Protective Order: Granting-in-Part and Denying-in-Part Defendant’s Motion to Amend Protective Order. Signed by Judge Hewitt.

10-540C • CANVS CORPORATION V. THE UNITED STATES

Filed 04/23/2012
Availability of Sanctions Under RCFC 16(f); Untimely Filings Under the Court’s Rules and Orders; Expense Shifting Under RCFC 37(a)(5); Government Entitled to Reasonable Expenses Including Attorney’s Fees Signed by Judge Hewitt.

11-878C • MARY V. SIEBEN V. THE UNITED STATES

Filed 04/20/2012
Rule 5.2; motion to seal Signed by Judge Damich.

09-171V • ZENORIA PHILLIPS-DELOATCH, As Personal Representative of the Estate of MOSHELLA F. ROBERTS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/20/2012
Vaccine case; Petition for mandamus to review order by special master denying discovery; Availability of mandamus to review discovery orders; Petition denied. Signed by Judge Allegra.

04-683T • JOHN E. AND ANNE R. KETTLE, et al. V. UNITED STATES

Filed 04/18/2012
Federal Tax; Period of Limitations; 26 U.S.C. § 7422(h); Subject Matter Jurisdiction; Tax Motivated Interest; Res Judicata Signed by Judge Horn.

07-889V • DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/18/2012
Vaccine case; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochrondrial defect; differentiation of claims asserting an aggravation of a pre-existing condition from claims asserting the manifestation of a new injury; Althen causation framework; propriety of admitting trial testimony from an unrelated vaccine case Signed by Judge Lettow.

10-734T • MONTAGUE S. CLAYBROOK, in his capacity as the Chapter 7 Trustee for the Estate of DOWNEY FINANCIAL CORP. V. THE UNITED STATES

Filed 04/18/2012
Bankruptcy Act, 11 U.S.C. §§ 701-85 (2006); Federal Deposit Insurance Act, 12 U.S.C. § 1821(d)(11)(A)(ii) (2006) (authorizing the Federal Deposit Insurance Corporation to act as a receiver); Home Owners Loan Act, 12 U.S.C. § 1464(d)(2)(A) (2006); Net Operating Loss; Tax Refund; Worker, Homeownership and Business Assistance Act of 2009, Pub. L. No. 111-92, 123 Stat. 29840 (2009); 26 U.S.C. § 165(g) (2006) (Ordinary Loss); 26 U.S.C. §§ 1501-02 (2006) (parent of a consolidated tax group); 26 U.S.C. § 6402(a) & (k) (2006 & Supp. III 2009) (federal tax refund may be paid to a fiduciary of an insolvent corporation); 26 U.S.C. 6511 (a) (2006) (statute of limitations for filing a federal tax refund); 26 U.S.C. § 6611 (2006) (Statutory Interest); 26 U.S.C. § 7422(a) (2006) (jurisdictional requirement before seeking an adjudication of a federal tax refund); Treas. Reg. § 1.1502-77(a) (2011) (the common parent for a consolidated return is the sole agent for each member of a consolidated tax group); Treas. Reg. § 301.6402-7 (2011) (permitting fiduciaries of insolvent financial institutions to file alternate tax returns); RCFC 19, Motion For Joinder; RCFC 24, Motion To Intervene; Form 1120X (Amended Claims For Refund); Form 1139 (Application for Tentative Refund). Signed by Judge Braden.

11-43C • TRIAD LOGISTICS SERVICES CORPORATION V. UNITED STATES

Filed 04/16/2012
Government Contracts; Subject Matter Jurisdiction; In-Sourcing; Standing; Interested Party; Prudential Standing. Signed by Judge Horn.

12-97C • CONTRACTING, CONSULTING, ENGINEERING LLC V. THE UNITED STATES

Filed 04/16/2012
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; burden on protester to show that procurement decision is unreasonable; whether a protester must succeed on all three equitable factors in addition to succeeding on the merits. Signed by Judge Miller, C..

12-49C • CONTRACT SERVICES, INC. V. THE UNITED STATES

Filed 04/13/2012
Post-Award Bid Protest Based on Complaint Concerning Requirement Contained in Solicitation; Interested Party; Waiver Signed by Judge Hewitt.

10-635C • JAMES M. LINICK V. THE UNITED STATES

Filed 04/13/2012
Invention Secrecy Act, 35 U.S.C. §§ 181-86 (2006); Claim for Just Compensation for Damage Caused by Secrecy Order; Proof of Actual Damage; Proof of Causal Connection Between Secrecy Order and Alleged Damage. Signed by Judge Wheeler.

07-271L • JACK LADD et al. V. UNITED STATES OF AMERICA

Filed 04/12/2012
Rails-to-Trails Act; Fifth Amendment Takings; Notice of Interim Trail Use (NITU); Surface Transportation Board; Application of State Property Law; Notice of Exemption; Notice of Consummation; Statute of Limitations; Continuous Government Action; NITU Extension; Renegotiation for Trail Use; Renegotiation for Railway; Statutory Construction Signed by Judge Hodges.

11-291C • RICKY B. LEGGITTE V. UNITED STATES OF AMERICA

Filed 04/11/2012
RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 56; Summary Judgment; Pro Se; Overtime Pay Claims; Fair Labor Standards Act; Administratively Uncontrollable Overtime Signed by Judge Block.

03-785L • WARREN BERES and VICKI BERES, et al. V. UNITED STATES

Filed 04/05/2012
Fifth Amendment Taking; Rails to Trails; Scope of Easement; Railbanking; Deed Interpretation. Signed by Judge Horn.

11-888C • HP ENTERPRISE SERVICES, LLC V. THE UNITED STATES

Filed 04/05/2012
Post-Award Bid Protest; Answer to Bidder Question Amended Solicitation Requirement; Latent Ambiguity in Solicitation; Arbitrary Disqualification of Offeror; Injunctive Relief. Signed by Judge Bush.

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