| 02/28/2013 | Miller, C. | STOCKTON EAST WATER DISTRICT and CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT V. THE UNITED STATES [04-541L] | Contract damages; expectation damages; cost of cover; reasonableness of mitigation; foreseeability; causation of damages. |
| 02/28/2013 | Braden | CHRISTOPHER W. CALDBECK V. THE UNITED STATES [11-483C] | 10 U.S.C. § 620 (Active-duty lists); 10 U.S.C. § 641 (exceptions to Active-duty lists); 10 U.S.C. § 10211 (Reserve officer participation in preparation and administration); 10 U.S.C. § 14002(a) (Reserve active-status lists) |
| 02/27/2013 | Williams | LONE STAR INDUSTRIES, INC. V. UNITED STATES OF AMERICA [11-543L] | Fifth Amendment Taking; Closure of Waterway Outlet; Property Interest; Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; Rule 12(b)(6); LA. CIV. CODE ANN. art. 690, et seq.; Predial Servitude; Enclosed Estate |
| 02/27/2013 | Wolski | METTERS INDUSTRIES, INC. V. THE UNITED STATES [13-116C] | Preliminary injunction; pre-award bid protest; small business set-aside; Plaintiff; GSA schedule contract task order; appeal of size determination pending before SBA’s Office of Hearing and Appeals; explicitly required size status recertification |
| 02/27/2013 | Wheeler | SEHAT SUTARDJA and WEILI DAI V. THE UNITED STATES [11-724T] | Tax Refund Suit; Exercise of Stock Options; Applicability of Internal Revenue Code Section 409A Regarding Deferred Compensation Plans; Cross-Motions for Partial Summary Judgment; Material Fact Issues Requiring Trial. |
| 02/26/2013 | Bush | EXTREME COATINGS, INC. V. THE UNITED STATES [12-516C] | Contract Dispute; RCFC 12(b)(6); Elements of a Differing Site Conditions Claim; “Act of God” Weather Conditions. |
| 02/26/2013 | Wolski | KEITH and BEVERLY LANGLAND, on behalf of their daughter, [M.L.] V. SECRETARY OF HEALTH AND HUMAN SERVICES [07-36V] | Vaccine Act off-table case; Althen; DTaP; celiac disease; absence of plausible medical theory of causation; statements of treating physicians; document referenced in expert report as party admission |
| 02/25/2013 | Bruggink | NICHOLE MEDICAL EQUIPMENT & SUPPLY, INC. and DOMINIC ROTELLA V. THE UNITED STATES [12-364C] | Medicare equipment supplier; settlement agreement; warranty; covenant of good faith and fair dealing; motion to dismiss. |
| 02/25/2013 | Bruggink | DYNAMIC EDUCATIONAL SYSTEMS, INC. V. THE UNITED STATES [12-730C] | Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Rule of Two; Fair Proportion Analysis; Workforce Investment Act |
| 02/25/2013 | Merow | WALTER RAY GRAVES and LISA GRAVES as Representatives of the Estate of HAYLEY NICOLE GRAVES, deceased V. SECRETARY OF THE DEPT. OF HEALTH AND HUMAN SERVICES [02-1211V] | Vaccine Act; application of statutory cap on pain, suffering and emotional distress in death case; 42 U.S.C. § 300aa-15(a)(4); Youngblood v. Sec’y of HHS, 32 F.3d 552 (Fed. Cir. 1994). |
| 02/22/2013 | Miller, G. | KELLY ARANGO, Parent of, ISABELA OROZCO, a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-318V] | National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP Vaccine; Acute Encephalopathy; Seizures; 42 C.F.R. § 100.3(b)(2)(i)(E). |
| 02/22/2013 | Miller, G. | KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES [12-366C] | Motion to Dismiss; LOGCAP III; Cost Plus Award Fee; Burnside-Ott Aviation Training Ctr. v. Dalton, 107 F.3d 854 (Fed. Cir. 1997); Implied Duty of Good Faith and Fair Dealing; Contracting Officer’s Independent Judgment; FAR 16.401; AFARS 5116.405-2(b)(2)(C |
| 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 |
