| 04/02/2013 | Firestone | TIGERSWAN, INC. V. THE UNITED STATES [12-62C] | Breach of Contract; Bid Protest; Termination for Convenience; Implied Duty of Good Faith and Fair Dealing; Bad Faith |
| 03/29/2013 | Miller, G. | THE ESTATE OF MORTON LIFTIN, JOHN LIFTIN, EXECUTOR v. THE UNITED STATES[10-589] | Estate Tax Refund Claim; Reasonable Cause for Late Filing; Reasonable Reliance on Advice of Counsel; Substantial Variance; 26 U.S.C. § 6651; United States v. Boyle, 469 U.S. 241 (1985); Estate of La Meres v. Comm’r, 98 T.C. 294 (1992). |
| 03/29/2013 | Merow | HERNANDEZ, KROONE AND ASSOCIATES, INC. V. THE UNITED STATES [07-165C] | Equitable Adjustment; Contract Disputes Act; Fraud Counterclaims; Special Plea in Fraud, 28 U.S.C. § 2514; False Claims Act, 31 U.S.C. § 3729; CDA fraud provision, 42 U.S.C. § 7103(c)(2). |
| 03/28/2013 | Williams | DAVITA, INC. V. UNITED STATES OF AMERICA [11-297C] | Tucker Act, 28 U.S.C. § 1491(a); Subject-Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 601-12; Contracts for Hospital Care and Medical Services in Non-Department Facilities, 38 U.S.C. § 1703; 38 C.F.R. § 17.56; Authorizations |
| 03/27/2013 | Lettow | SIKORSKY AIRCRAFT CORPORATION V. UNITED STATES [09-844C & 10-741C] | Post-trial decision on government’s claim for damages based upon alleged misallocation of indirect costs to government contracts; statute of limitations; 41 U.S.C. § 7103(a)(4)(A); Cost Accounting Standards; scope and thrust of 48 C.F.R. § 9904.418–50 |
| 03/27/2013 | Damich | MONROE QUAILES, JR. V. THE UNITED STATES [12-327C] | Pro Se, Wrongful Discharge from Navy, General Discharge by Reason of Misconduct, Disability Benefits, Subject Matter Jurisdiction, Statute of Limitations, Board for Correction of Naval Records |
| 03/25/2013 | Sweeney | CYNTHIA LA LONDE, parent of M.L., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES [06-435V] | Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant |
| 03/25/2013 | Hewitt | DANNY SELLERS et al. V. THE UNITED STATES [12-855C] | Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Tort Claims Act; Tort Claims; Eighth Amendment; Constitutional Claims; Transfer to District Court; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court’s Inherent Power |
| 03/22/2013 | Firestone | PREFERRED SYSTEMS SOLUTIONS, INC. V. THE UNITED STATES [12-842C] | Bid Protest; Standing; Best Value Procurement; Deference to Technical Evaluation. |
| 03/21/2013 | Bush | CENTURY EXPLORATION NEW ORLEANS, LLC, ET AL. V. THE UNITED STATES [11-54C] | Breach of Oil and Gas Lease; and Risk of Regulatory Change; Sovereign Acts Doctrine; Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331-1356 (2006); Motion for Summary Judgment, RCFC 56. |
| 03/21/2013 | Wiese | CLAIRE BARNETTE, a minor, by her mother, KAREN BARNETTE, and her father, TIMOTHY BARNETTE V. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES [06-868V] | The special master’s conclusion that a vaccination was not a substantial factor in bringing about harm was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law where the special master employed the correct legal |
| 03/20/2013 | Allegra | ROBERT F. GOELLER and JEANETTE M. GOELLER V. THE UNITED STATES [10-731T] | Tax refund suit; Cross-motions for summary judgment under RCFC 56; Deductibility of “theft” loss under I.R.C. § 165(c)(3); Definition of “theft;” Edwards |
| 03/20/2013 | Hodges | MORRIS SHELKOFSKY V. UNITED STATES OF AMERICA [11-765C] | Motion for Judgment on the Administrative Record; Military Retirement Pay; Disability Retirement Pay; Severance Pay; Supplementation of Record |
| 03/15/2013 | Williams | FIRST ANNAPOLIS BANCORP, INC. V. THE UNITED STATES [94-522C] | Lack of Standing; Dismissal Without Prejudice; Award of Costs; 28 U.S.C. § 1919; Rule 54; Prevailing Party; Congressional Reference. |
| 03/15/2013 | Firestone | RALPH J. LAMSON V. THE UNITED STATES [11-377C] | Claim Construction; "Virtual Reality Immersion Therapy" Method Patent |
| 03/14/2013 | Damich | JORDAN M. MESCHKOW V. THE UNITED STATES [12-628C] | Stipulation in Bankruptcy Court; Lack of Subject Matter Jurisdiction; Contracts Entered Into by United States in Sovereign Capacity; Takings; Dismissal for Failure to State a Claim |
| 03/14/2013 | Hodges | JACK LADD and MARIE LADD, et al. V. UNITED STATES OF AMERICA [07-271L] | Rails-to-Trails Act; Fifth Amendment Takings; Notice of Interim Trail Use (NITU); Temporary Takings; End Date; Consummation of Abandonment; Railroad Property Rights; Calculation of Damages |
| 03/13/2013 | Hewitt | ROSS-HIME DESIGNS, INC. V. THE UNITED STATES [11-201C] | RCFC 26(c); Protective Order; Motion for Access to Protected Information; Proprietary Information; Competitive Decision-Maker; Restricted Information; Export Controls |
| 03/12/2013 | Braden | SACRAMENTO MUNICIPAL UTILITY DISTRICT V. THE UNITED STATES [09-587C & 98-488C] | BRADEN.SACRAMENTO0312133.pdf |
| 03/12/2013 | Firestone | G4S TECHNOLOGY CW LLC V. THE UNITED STATES [12-705C] | Post-Award Bid Protest; Standing Under 28 § U.S.C. 1491(b)(1); Interested Party; Substantial Chance of Award; Discussions Versus Clarifications; Agency Discretion to Exclude Offeror for Incomplete Proposal |
