| 02/21/2013 | Horn | ONE LARGO METRO, LLC V. UNITED STATES [12-501C] | Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Technical Evaluation; Best Value Trade-Off Analysis; Bid Preparation and Proposal Costs. |
| 02/21/2013 | Hewitt | ANDREW P. KALICK V. THE UNITED STATES [12-783C] | Pro Se; Motion to Dismiss; RCFC 12(b)(1); Transfer for Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1631 |
| 02/20/2013 | Bruggink | SECURITYPOINT HOLDINGS, INC. V. THE UNITED STATES [11-268C] | Claim construction; Markamn hear; Plaintiff, plain and ordinary meaning. |
| 02/19/2013 | Williams | STEPHEN J. ROGERS, et. al. V. THE UNITED STATES [07-273L] | Fifth Amendment Taking; Motion to Dismiss; Rule 12(b)(1); Standing; Jurisdiction; Declaration of Protective Covenants; Beneficial Title; Equitable Conversion; Sufficiency of Property Description |
| 02/19/2013 | Lettow | McTECH CORPORATION V. UNITED STATES [12-222C] | Pre-award bid protest; series of incremental corrective actions; cumulative effect of actions; mootness |
| 02/19/2013 | Damich | ANAHEIM GARDENS, et al. V. THE UNITED STATES [93-655C] | Reconsideration; Low-Income Housing; Preservations Statutes; ELIHPA; LIHPRHA; Summary Judgment; Affordability Restrictions; Prepayment; Futility; Ripeness |
| 02/15/2013 | Wheeler | WILLIAM TAYLOR, parent of JOSEPH TAYLOR, a minor V. SECRETARY OF HEALTH & HUMAN SERVICES [05-1133V] | Vaccine Act; Motion for Review of Special Master’s Decision; DTaP Vaccination; Infantile Spasms; Lack of Evidence of Causation; Althen Test. |
| 02/15/2013 | Miller, C. | RED RIVER COMMUNICATIONS, INC. V. THE UNITED STATES [12-728C] | Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; whether waiver rule under Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007), applies to non-bidder or offeror |
| 02/14/2013 | Lettow | MILES CONSTRUCTION, LLC V. UNITED STATES [12-597C] | Pre-award bid protest; disparate intra-agency decisions regarding the unconditional nature of a service-disabled veteran’s ownership of a small business; evidence of “ownership” within the meaning of 38 C.F.R. § 74.3; prejudice; remedy |
| 02/14/2013 | Wheeler | 1200 SIXTH STREET, LLC V. THE UNITED STATES [12-388C] | Breach of Contract Claim; Rule 12(b)(6) Motion to Dismiss; GSA Option Agreement to Purchase Real Property; Whether Option Was Ever Exercised. |
| 02/14/2013 | Margolis | SHARON RAULERSON, et al. V. THE UNITED STATES OF AMERICA [10-193L] | MARGOLIS.RAULERSON021413.pdf |
| 02/14/2013 | Firestone | WEST CHELSEA BUILDINGS, LLC, et al., and WEST 13TH STREET LLC, et al., and TENTH AVENUE ASSOCIATES, LP, et al. V. THE UNITED STATES [11-333L, 11-374L & 11-713L] | “Rails-to-Trails” case; New York law; third-party beneficiary; covenant not to sue agreement; scope of takings claim under the Trails Act; voluntary waiver of Fifth Amendment claims; Nollan/Dolan takings analysis and voluntary agreement |
| 02/13/2013 | Hewitt | RED HAWK CONSTRUCTION, INC. V. THE UNITED STATES [12-186C] | Dismissal of Complaint for Lack of Jurisdiction Because Plaintiff Is Without the Rights Plaintiff Claims in the Proceeds of a Government Contract |
| 02/08/2013 | Firestone | MARK S. RASMUSON and BRENDA S. RASMUSON, husband and wife, et al. V. THE UNITED STATES [09-158L] | Rails to Trails; Construction of Fee Deeds under Iowa Law; No Taking Where Railroad Owns Right-of-way in Fee |
| 02/08/2013 | Firestone | D’ANDREA BROTHERS LLC V. THE UNITED STATES [08-286C] | CRADA and Licensing Agreement; Breach of the Implied Covenant of Good Faith and Fair Dealing; “Reasonableness” Standard; Prior Material Breach; Reliance Damages; Restatement (Second) of Contracts § 349 |
| 02/07/2013 | Allegra | LOUIS A. BURGESS, et al. V. THE UNITED STATES [09-242L] | Takings case; Cross-motions for partial summary judgment; Rails-to-Trails Act; Determination of claimant’s property interests; Preseault; Iowa law construed; Easements for railroad purposes; Railroad relocation – fee simple deeds |
| 02/07/2013 | Lettow | CONSTANCE SPEED V. UNITED STATES [10-125C] | Claim for damages stemming from alleged breach of a settlement agreement; motion for summary judgment; unambiguous language of agreement; bar on use of extrinsic evidence to create ambiguity |
| 02/06/2013 | Firestone | JAMES H. WOLLMAN V. THE UNITED STATES [12-125C] | 10 U.S.C. §1201 (2006) and 37 U.S.C. § 204(a)(2006); Military Disability Retirement; Existed Prior to Service, “EPTS”; Presumption of Incurrence and Aggravation; 28 U.S.C. § 1491(a)(2), Remand. |
| 01/30/2013 | Williams | MICHAEL E. STUART V. THE UNITED STATES [10-859C] | Tucker Act, 28 U.S.C. § 1491(a); Military Pay Act, 10 U.S.C. §§ 204, 206; Discharge from Active Duty; Medical Evaluation; Documentation of Medical Treatment During Active Duty; Department of the Army Personnel Policy Guidance ¶¶ 7-2, 7-8, and 7-12 |
| 01/30/2013 | Hewitt | ARBITRAGE TRADING, LLC V. THE UNITED STATES [06-202T] | Partnership Taxation; Court’s Jurisdiction to Determine Applicability of Accuracy-Related Penalty Under I.R.C.§ 6662 in Partnership-Level Proceeding |
