| 01/30/2013 | Smith | ROBERT A. ATHEY ET AL. V. THE UNITED STATES [99-2051C] | 5 U.S.C. § 5596, The Back Pay Act; 5 U.S.C. §§ 5551-5552, lump-sum payment statutes; RCFC 12(b)(1), RCFC 12(b)(6); Wallace v. Office of Personnel Management, 283 F.3d 1360 (Fed. Cir. 2002); Muniz v.United States, 972 F.2d 1304 (Fed. Cir. 1992) |
| 01/29/2013 | Bush | INNOVATION DEVELOPMENT ENTERPRISES OF AMERICA, INC. V. THE UNITED STATES [11-217C] | Post-Award Bid Protest; 10 U.S.C. § 2304(c)(1)-(2) (2006); 48 C.F.R. §§ 6.302-1, 6.302-2 (2009); Sole Source Procurement; Only One Responsible Source; Unusual and Compelling Urgency; Standing; Lack of Advance Planning; Irrational Decision-Making |
| 01/28/2013 | Lettow | SHELDON PETERS WOLFCHILD, et al. V. UNITED STATES [03-2684L & 01-568L] | 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 |
| 01/28/2013 | Bush | DEKALB COUNTY, GEORGIA V. THE UNITED STATES [11-761C] | Money-Mandating Source of Law; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Statute of Limitations, 28 U.S.C. § 2501 (2006); Waiver of Sovereign Immunity; State Taxation of Federal Property; Supremacy Clause, U.S. Const. Art. VI, cl. 2 |
| 01/28/2013 | Miller, G. | NATHAN HOUSE V. SECRETARY OF HEALTH AND HUMAN SERVICES [99-406V] | National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; threefactor analysis under Althen v. Sec’y of Health & Human Servs. |
| 01/25/2013 | Lettow | KWV, INC. V. UNITED STATES [12-882C] | Pre-award bid protest; motion for preliminary injunction; disparate intra-agency decisions regarding the level of control exercised by a veteran owning a small business; evidence of “control” within the meaning of 38 C.F.R. § 74.4 |
| 01/25/2013 | Braden | NATHAN T. MEIDL V. THE UNITED STATES [11-90C] | 10 U.S.C. § 1201 (2006) (compensable disabilities); 10 U.S.C.A. § 1216a(b) (2012) (medical conditions considered in disability determinations); Army Regulation 635-40 (physical evaluation for separation) |
| 01/25/2013 | Horn | LAKEYSHA ISAAC V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES [08-601V] | Motion for Review of Special Master’s Decision; National Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.;Standard of Review; Tetanus-Diphtheria Vaccine; Guillain-Barré Syndrome; Molecular Mimicry. |
| 01/22/2013 | Damich | ISAAC A. POTTER, JR. V. THE UNITED STATES [12-567C] | Tucker Act, 28 U.S.C. § 1491; pro se filings |
| 01/17/2013 | Bruggink | SUNDOWNER 102 LLC V. THE UNITED STATES [12-304C] | Breach of Contract; Covenant of Good Faith and Fair Dealing; Option; Extrinsic Evidence |
| 01/15/2013 | Hewitt | WESTLANDS WATER DISTRICT V. THE UNITED STATES [12-12C] | Breach of Contract Claims; Declaratory Judgment; Motion to Dismiss Under RCFC 12(b)(1) and 12(b)(6) |
| 01/15/2013 | Allegra | ESTES EXPRESS LINES V. THE UNITED STATES [11-597C] | Contract case; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Standard of review; Subcontractor lacked privity of contract with the United States; Contractor was not agent of Federal agency; 49 U.S.C. § 13706; Case dismissed for lack of jurisdiction. |
| 01/14/2013 | Allegra | LABORATORY CORP. OF AMERICA V. THE UNITED STATES [12-622C] | Pre-award bid protest; Cross-motions for judgment on the administrative record; Standard of review – Bannum; Spoliation – GSA’s failure to maintain full record of procurement; Sanction imposed; Website information not incorporated into solicitation |
| 01/14/2013 | Wheeler | SHELL OIL COMPANY, ET AL. V. THE UNITED STATES [06-141C & 06-1411C] | Government Contracts for Production of Aviation Fuel During World War II; CERCLA Liability for Waste Site Clean-up Costs; Interpretation of Contract “Taxes” Clause; Anti-Deficiency Act Limits on Indemnification in Government Contracts |
| 01/14/2013 | Damich | PANASONIC COMMUNICATIONS CORPORATION OF AMERICA V. THE UNITED STATES [09-793T] | Excise Tax; Ozone-Depleting Chemicals; Expert Discovery; "Additional Data" in Expert Rebuttal Report; Denial of Sur-Rebuttal |
| 01/14/2013 | Hewitt | COLONIAL SURETY CO. V. THE UNITED STATES [10-820C] | Cross-Motions for Summary Judgment; Duties of the Government as Stakeholder; Equitable Subrogation; Breach of Contract |
| 01/10/2013 | Damich | LARRYE CHEAVES V. THE UNITED STATES [12-228C] | Contract Disputes Act, 41 U.S.C. §§ 7101-09; Georgia Dig Law |
| 01/08/2013 | Allegra | PETRO-HUNT, L.L.C. V. THE UNITED STATES [00-512L] | Judicial takings claim; Motion for reconsideration under RCFC 54(b) and 59(a)(1); Standard for reconsideration; Central Pines – application of 28 U.S.C. § 1500 to supplemental complaint under RCFC 15(d) |
