USCFC General Jurisdiction-Reported

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05-214C • MICHAEL R. PEOPLES V. THE UNITED STATES

Filed 10/27/2011
RCFC 52.1; Correction of Military Records; Decision After Remand to Board; Mandatory Separation; Medical Evaluation Board; Physical Evaluation Board; Substantial Evidence; Injustice Signed by Judge Sweeney.

11-96C • DUSTY FORD V. THE UNITED STATES

Filed 10/26/2011
Takings Clause; 30 U.S.C. § 612; use and occupancy under the mining laws; 43 C.F.R. § 3715; Tucker Act; 28 U.S.C. § 1491; RCFC 12(b)(1); equitable relief; prospective relief; writ of mandamus Signed by Judge Damich.

11-405C • UNITED HEALTH MILITARY VETERANS SERVICES, LLC V. THE UNITED STATES OF AMERICA

Filed 10/25/2011
Bid protest; TRICARE Management Activity; enhancement to a proposal; acknowledgment and discussion of risks; price realism; best value determination; guaranteed network discounts; referral management procedure; subcontractor pricing; underwriting fees Signed by Judge Baskir.

03-2684L & No. 01-568L • SHELDON PETERS WOLFCHILD, et al. V. UNITED STATES

Filed 10/25/2011
Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863 and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; motion for reconsideration Signed by Judge Lettow.

06-913L • WINNEBAGO TRIBE OF NEBRASKA V. THE UNITED STATES

Filed 10/25/2011
RCFC 12(b)(1); 28 U.S.C. § 1500; Tohono O’odham Nation; Substantially the Same Operative Facts; Trusted Integration, Inc. Signed by Judge Sweeney.

09-289L • THE DANA R. HODGES TRUST, et al. V. THE UNITED STATES

Filed 10/25/2011
Rails-to-Trails, Scope of Easement; "Railroad Purposes"; Interim Trail Use and Railbanking; Michigan Transportation Preservation Act; Public Purpose/Public Use; Prescriptive Easements; Valuation Maps Signed by Judge Damich.

11-358C • RONALD J. HELFERTY V. UNITED STATES

Filed 10/24/2011
Claim by discharged Navy veteran for and back pay; Military Pay Act, 37 U.S.C. § 204(a); alleged ineffective assistance of counsel in proceeding before an Administrative Discharge Board; denial of by the Board for Correction of Naval Records on an ex parte basis; government’s for remand Signed by Judge Lettow.

99-400C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI V. THE UNITED STATES

Filed 10/21/2011
Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Plaintiff is a Prevailing Party; Government’s Position Not Substantially Justified Signed by Judge Hewitt.

10-778C • RICHARD COLLINS, individually and on behalf of a class of all those similarly situated V. THE UNITED STATES

Filed 10/18/2011
Military pay; motion to dismiss, RCFC 12(b)(1), (b)(6); reduction of separation pay under 10 U.S.C. § 1174 (2006); subject matter jurisdiction; justiciability; extent to which discretionary element of otherwise money-mandating statute renders it not money-mandating for discharge due to homosexuality; severability; determination of ineligibility on motion to dismiss for failure to state a claim. Signed by Judge Miller, C..

11-294C • NETSTAR-1 GOVERNMENT CONSULTING, INC. V. THE UNITED STATES

Filed 10/17/2011
Post-award bid protest; Standard of review – Bannum; Organizational conflicts of interest; Success on the merits; FAR Part 9.5; Organizational conflict of interest – unequal access; Identification of organizational conflicts and mitigation efforts; Failure to identify conflict on timely basis; Failure to mitigate conflict; Agency conduct arbitrary, capricious and contrary to the FAR; Irreparable harm; Balance of hardships; Public interests; Injunction granted. Signed by Judge Allegra.

11-203T • ERIC & JOANN WASSON V. THE UNITED STATES

Filed 10/14/2011
Income Tax Refund; Business Theft Loss; Net Operating Loss Carryback; Jurisdiction; Flora Full Payment Rule Signed by Judge Sweeney.

09-612L • CONNIE and DOUGLAS THOMPSON, et al., V. THE UNITED STATES

Filed 10/13/2011
Takings; U.S. Const. Amend. V; Rails-To-Trails Act, 16 U.S.C. § 1247(d) (2006); Summary Judgment, RCFC 56(a); Certification of Question of State Law (Michigan Supreme Court Rule 7.305(b)(1)); ICC Termination Act of 1995, Pub. L. 104-88, 109 St. 803 (1995), 49 U.S.C. § 10903; Notice of Interim Trail Use, 49 C.F.R. § 1152.29(d); Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210, 90 Stat. 31 (1976); Transportation Act of 1920, Pub. L. No. 66-152, 41 Stat. 456 (1920); Tucker Act, 28 U.S.C. § 1496 (2006); 1855 Mich. Pub. Act No. 140; 2 Mich. Comp. Laws § 11135 (1929); 49 C.F.R. §§ 152.26(a), 1152-29(c)-(d). Signed by Judge Braden.

08-498C • WILLIAM E. BRANCH V. THE UNITED STATES

Filed 10/13/2011
Equal Pay Act, 29 U.S.C. § 209(d), pay disparity, differentiating task, 29 U.S.C § 255(a), discrimination, gender, work equal in skill, similar duties. Signed by Judge Smith.

11-376C • U.S. FOODSERVICE, INC., ET AL. V. THE UNITED STATES

Filed 10/12/2011
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); judgment on the administrative record, RCFC 52.1; ripeness; reasonableness of Class Waiver pursuant to 48 C.F.R. (FAR) § 12.302(c) (2011); irrationality or unreasonableness of non-commercial methodology adopted by agency for procurement. Signed by Judge Miller, C..

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

Filed 10/12/2011
National Trails System Act, 16 U.S.C. § 1241 (2006); Fifth Amendment Taking Claims; Plaintiffs’ Property Interests Under Mississippi Law; Easement or Fee Simple Title; Scope of Easement; Abandonment. Signed by Judge Wheeler.

11-264L • LAVERN C. FAST HORSE V. THE UNITED STATES

Filed 10/12/2011
Pro se Plaintiff; Claim for Damages for Alleged Illegal Incarceration; Rule 12(b)(1) and 12(b)(6) Motion to Dismiss; Fort Laramie Treaty of 1868; Act of June 3, 1920, 41 Stat. 738; Indian Claims Commission Act of 1942, 60 Stat. 1049; Bivens Action; RCFC 83.1(a). Signed by Judge Wheeler.

11-489C & 11-500C • SEABORN HEALTH CARE, INC., and TOP ECHELON CONTRACTING, INC. V. THE UNITED STATES

Filed 10/11/2011
Post-Award Bid Protest; Lack of Standing; Interested Party Status; Weights Applied to Evaluation Criteria; Reasonable Past Performance Evaluation; Lack of Prejudice to Protester; Supplementing the Certified Administrative Record. Signed by Judge Wheeler.

11-320C • ANN MARIE WILBURN V. THE UNITED STATES

Filed 10/07/2011
OPINION Signed by Judge Damich.

06-911L • OMAHA TRIBE OF NEBRASKA V. THE UNITED STATES

Filed 10/07/2011
28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct. 1723 (2011); Substantial Overlap in Operative Facts; RCFC 12(h)(3). Signed by Judge Firestone.

11-259C • FRANK PALACIOS V. THE UNITED STATES OF AMERICA

Filed 10/07/2011
Board for Correction of Naval Records; RCFC 12(b)(1); Jurisdictional Effect of Statute of Limitations 28 U.S.C. § 2501; Henderson v. Shinseki, 131 S.Ct. 1197 (2011); John R. Sand & Gravel Co. v. United States,552 U.S. 130 (2008). Signed by Judge Hodges.

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