USCFC General Jurisdiction-Reported

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11-152T • ROBERT N. AND CYNTHIA CADRECHA V. THE UNITED STATES

Filed 04/02/2012
I.R.C. § 6511; I.R.C. § 6532; I.R.C. § 7422; tax refund claim; basis in stock received in demutualization of mutual insurance company; Fisher v. United States, 82 Fed. Cl. 780 (2008); notice of disallowance not withdrawn; statute of limitations on filing tax refund claim in Court of Federal Claims not tolled. Signed by Judge Miller, G..

09-306C • RAYTHEON COMPANY V. UNITED STATES OF AMERICA

Filed 04/02/2012
CDA Statute of Limitations, 41 U.S.C. § 7103(a)(4)(A); Claim Accrual, 48 C.F.R. § 33.201; FAR Credits Provision, 48 C.F.R. § 31.201-5; Contracting Officer’s Final Decision; Accrual Suspension Doctrine; Equitable Tolling; Continuing Claims Doctrine Signed by Judge Hodges.

11-788C • CLINTON REILLY V. THE UNITED STATES

Filed 04/02/2012
Post-award Bid Protest; Standing; Actual or Prospective Bidder or Offeror; Waiver; Direct Economic Interest; Delay in Filing Protest; Laches. Signed by Judge Wheeler.

11-45C • BILLY D. HARPER V. THE UNITED STATES

Filed 04/02/2012
Military pay; Military Pay Act, 37 U.S.C. § 204 (2006); motion to dismiss, RCFC 12(b); motion for judgment on the administrative record, RCFC 52.1(c); eligibility for reenlistment after discharge; review of correction board decision. Signed by Judge Miller, C..

12-22C • THE ELECTRONIC ON-RAMP, INC. V. THE UNITED STATES

Filed 04/02/2012
Pre-award bid protest; motion for judgment on the administrative record; 5 U.S.C. § 706; 28 U.S.C. § 1491; FAR § 15.208(b)(1)(ii); FAR § 52.215-1; government control; minor informality; late proposal rule; injunctive relief Signed by Judge Damich.

01-720T • RICHARD E. DAHLBERG AND HEATHER H. DAHLBERG V. THE UNITED STATES

Filed 03/30/2012
AMCOR Partnership; Federal Income Tax Partnerships; Final Partnership Administrative Adjustment; Interest on a Tax Motivated Transaction, 26 U.S.C. § 6621(c)(1); Sham Transactions; Statute of Limitations, 26 U.S.C. §§ 6501, 6229; Subject Matter Jurisdiction, RCFC 12(b)(1). Signed by Judge Braden.

11-774C • MORRIS MAY V. THE UNITED STATES

Filed 03/30/2012
Failure To State Claim, RCFC 12(b)(6); Jurisdiction, RCFC 12(b)(1); Pro Se; Summary Dismissal; Tucker Act, 28 U.S.C. § 1491 (2006); Transfer, 28 U.S.C. § 1631 (2006); Federal Torts Claims Act, 28 U.S.C. § 2671 et. seq. (2006); U.S. Const., Art. III, Section 2. Signed by Judge Braden.

10-664C • WARREN S. PETERSON, III V. THE UNITED STATES

Filed 03/29/2012
Cross-Motions for Judgment Upon the Administrative Record, RCFC 52.1; Conversion of Motion to Dismiss, RCFC 12(d); Military Pay Act, 37 U.S.C. § 204; Presumption of Voluntary Separation; Constructive Service Doctrine Does Not Apply; Disability Rating; “Benefit of the Doubt” Doctrine; Gilbert; 10 U.S.C. § 1222; Full and Fair Hearing, 10 U.S.C. § 1214; Decision Based Upon Substantial Evidence Signed by Judge Sweeney.

11-519C • GUZAR MIRBACHAKOT TRANSPORTATION V. THE UNITED STATES

Filed 03/29/2012
Bid Protest; Rejection of Late Proposal; Electronic Submission of Proposals; Interpretation of Solicitation; Zip Files; Expert Testimony; Notice of Proposed Debarment; Bid & Proposal Preparation Costs; Injunctive Relief. Signed by Judge Williams.

12-33C • MISSION ESSENTIAL PERSONNEL, LLC V. UNITED STATES

Filed 03/28/2012
Post-award bid protest challenging corrective action taken by the Department of the Army in response to a decision by GAO regarding two task orders for intelligence support services under IDIQ contracts; plaintiff’s notice of voluntary dismissal filed after submissions of crossmotions for judgment under RCFC 52.1; RCFC 41(a)(1)(A)(i); need to address subject matter jurisdiction; task-order protests barred in this court by 10 U.S.C. § 2304c(e) Signed by Judge Lettow.

07-266C • CONSOLIDATION COAL COMPANY, et al. V. THE UNITED STATES

Filed 03/28/2012
Constitutionality of SMCRA Abandoned Mine Reclamation Fee; Issue Preclusion; Stare Decisis; Export Clause Challenge Jurisdiction Signed by Judge Futey.

11-678C • ROBERT E. HICKS V. UNITED STATES OF AMERICA

Filed 03/27/2012
Pro Se Complaint; Prisoner; Dismissal Pursuant to RCFC 12(b)(1); Failure to Prosecute under RCFC 41(b); Frivolousness under 28 U.S.C. § 1915(e)(2)(B)(i). Signed by Judge Hewitt.

06-936L • UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA V. THE UNITED STATES

Filed 03/27/2012
28 U.S.C. § 1500; Effect of Supreme Court’s Recent Tohono O’odham Decision; Vitality of Tecon’s Sequence of Filing Rule; Requirement that Supreme Court Dicta Be “Stated Clearly” to Supersede Controlling Federal Circuit Precedent. Signed by Judge Wheeler.

07-273L, 07-246L, 08-198L, 10-187L, 10-200L • STEPHEN J. ROGERS, et al. V. THE UNITED STATES

Filed 03/26/2012
Fifth Amendment Taking; Rails-to-Trails; Intervention of Right; Permissive Intervention; Timeliness of Request to Intervene; Adequacy of Protection of Claimed Interest in Property; Anti-Assignment Act. Signed by Judge Williams.

11-754C • INGENESIS, INC. V. THE UNITED STATES

Filed 03/23/2012
Bid protest; NAICS code selection; Small Business concerns; Small Business Administration Office of Hearings and Appeals Signed by Judge Bruggink.

11-867C • BOSTON HARBOR DEVELOPMENT PARTNERS, LLC. V. THE UNITED STATES

Filed 03/21/2012
Preaward bid protest; Review of corrective action; Claim that failure of agency to terminate prior lease will bias reprocurement; Lack of standing; Case dismissed. Signed by Judge Allegra.

08-415C • HORN & ASSOCIATES, INC. V. UNITED STATES

Filed 03/20/2012
Partial Summary Judgment; Contracts; CICA; Ambiguity; Mistake; Ratification. Signed by Judge Horn.

11-703C • CHARLES P. MAXWELL V. THE UNITED STATES

Filed 03/19/2012
Pro Se; Motion to Dismiss; RCFC 12(b)(6); RCFC 12(h)(3); Fifth Amendment Taking Signed by Judge Hewitt.

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

Filed 03/19/2012
Post-award bid protest; motions to supplement administrative record. Signed by Judge Miller, C..

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