USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 1 year 3 weeks ago

07-713C • MARK C. JACKSON v. THE UNITED STATES

Filed 02/27/2008
Subject-Matter Jurisdiction; RCFC 12(b)(1); Claim for Social Security Disability Benefits; Claim for Veterans Benefits; Contract Implied in Fact; Exhaustion of Administrative Remedies; Effect on Court of Federal Claims's Jurisdiction of Comprehensive Statutory Scheme for Administrative and Judicial Review. Signed by Judge Miller, G..

07-532C • AXIOM RESOURCE MANAGEMENT, INC., v. THE UNITED STATES, & LOCKHEED MARTIN FEDERAL HEALTH INSURANCE, INC., Defendant-Intervenor

Filed 02/26/2008
Administrative Procedure Act, 5 U.S.C. § 706; Bid Protest; Compliance Audit; Mitigation Plan;Organizational Conflicts of Interest, 48 C.F.R. § 9.5; Permanent Injunction; Post-Award Jurisdiction;Public Interest; Show Cause Order; Standing; Supplementation of the Administrative Record; Tucker Act, 28 U.S.C. § 1491(b)(4) Signed by Judge Braden.

06-876L • INTERNATIONAL INDUSTRIAL PARK, INC., v. THE UNITED STATES,

Filed 02/22/2008
Fifth Amendment Taking Claims; Motion to Dismiss and for Summary Judgment; Statute of Limitations; Accrual of Cause of Action; Exercise of Police Power; Genuine Issues of Material Fact Signed by Judge Wheeler.

05-393V • LEE ANN KAY, Parent of MASON KAY, a Minor v. SECRETARY OF HEALTH and HUMAN SERVICES

Filed 02/21/2008
Vaccine Act, award of attorneys' fees, 42 U.S.C. § 300aa-15 (2000); jurisdiction to award attorneys' fees and costs after petition dismissed for lack of subject matter jurisdiction as untimely. Signed by Judge Miller, C..

99-447C & 03-2626C • BOSTON EDISON CO., v. UNITED STATES,

Filed 02/20/2008
Post-trial decision in suit for damages for partial breach of Standard Contract for disposal of spent nuclear fuel; sale of nuclear power plant; assignment of Standard Contract in connection with sale; seller's retention of pre-sale damage claims; causation; foreseeability; damages measured by diminution in value of nuclear power plant Signed by Judge Lettow.

95-829C • STERLING SAVINGS ASSOCIATION, v. THE UNITED STATES,

Filed 02/19/2008
Winstar Damages Claim; Lost Profits; Replacement of Capital; Mitigation of Damages; "Wounded Bank" Damages; Compliance with Capital Requirements Absent the Breach Signed by Judge Wheeler.

95-829C • STERLING SAVINGS ASSOCIATION, v. THE UNITED STATES,

Filed 02/19/2008
Winstar Damages Claim; Lost Profits; Replacement of Capital; Mitigation of Damages; "Wounded Bank" Damages; Compliance with Capital Requirements Absent the Breach Signed by Judge Wheeler.

07-526T • ALBERT BOVA and DAVID TONER, CO-EXECUTORS of the ESTATE of MARGARET WALSONAVICH, v. THE UNITED STATES,

Filed 02/13/2008
Motion to Dismiss Under RCFC 12(b)(6); Statute of Limitations Under 26 U.S.C. § 6511(d); "Financial Disability" Under 26 U.S.C. § 6511(h); Powers of Attorney Under Pennsylvania Law, 20 Pa.C.S.A. § 5604; Parol Evidence Rule Under Pennsylvania Law: Integration Versus Ambiguity Signed by Judge Firestone.

07-726L • GEORGE MAY, v. THE UNITED STATES,

Filed 02/12/2008
Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted; RCFC 12(b)(6); Reinterpretation of the Phrase "no set of facts" in Conley v. Gibson, 355 U.S. 41,45-46 (1957) in Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955, 1969 (2007); Imposition of Sanctions For Frivolous Filing; RCFC 11(b) Signed by Judge Hewitt.

07-547C • PATRICIA R. SHARP, MARGARET M.HAVERKAMP, and IVA DEAN ROGERS, v. THE UNITED STATES,

Filed 02/11/2008
Subject-Matter Jurisdiction; Tucker Act; Money-Mandating Statute; Survivor Benefit Plan, 10 U.S.C. § 1447 et seq.; Dependency and Indemnity Compensation, 38 U.S.C. § 1310 et seq.; Veterans Benefits Act of 2003; 38 U.S.C. § 1311(e); 10 U.S.C. § 1450(c)(1); Motion to Dismiss Pursuant to RCFC 12(b)(6); Statutory Construction; Plain Meaning; Disparate Treatment of Surviving Spouses of Veterans; Legislative History; Chevron Deference; Skidmore Deference Signed by Judge Miller, G..

06-141C • SHELL OIL COMPANY, UNION OIL COMPANY OF CALIFORNIA, ATLANTIC RICHFIELD COMPANY, and TEXACO INC.,

Filed 02/08/2008
RCFC 12(a); RCFC 12(b)(6); RCFC 56(c); CERCLA; "Charges;" "By reason of;" Ford Motor Co. v. United States, 378 F.3d 1314 (Fed Cir. 2004); First War Powers Act of 1941; Executive Orders 9024, 9001,9040; National Defense Act of 1916; Cadillac Fairview/California, Inc. v. Dow Chem. Co., 299 F.3d 1019 (9th Cir. 2002); Anti-Deficiency Act, Pub. L. No. 59-28, 34 Stat. 27, 49 (1906) Signed by Judge Smith.

07-578C • PHILLIPPI S. LOWE, v. THE UNITED STATES,

Filed 02/08/2008
Motion to Dismiss: RCFC 12(b)(6) RCFC 12(b)(1); Subject Matter Jurisdiction; Pro se Plaintiff Signed by Judge Smith.

07-775C • LYSANNE AUGER, v. THE UNITED STATES,

Filed 02/08/2008
Motion to Dismiss; Tucker Act Transfer; Federal Tort Claims Act; Lack of Jurisdiction Signed by Judge Smith.

05-1000C • ENRON FEDERAL SOLUTIONS, INC., et al., v. THE UNITED STATES OF AMERICA,

Filed 02/07/2008
Privatization; Summary Judgment; Motion to Dismiss for Lack of Jurisdiction; Material Breach Doctrine; Dependent Promises; Termination for Default; Termination for Convenience; FAR § 52.241-10; FAR § 52.249-8; FAR § 52.249-10; Quantum Meruit/Unjust Enrichment Signed by Judge Block.

07-230C • HUMPHREY A. TAYLOR, v. UNITED STATES,

Filed 02/01/2008
Back Pay Act; Civil Rights Claims;Enforcement of Equal Employment Opportunity Commission Decision; Title VII, 42 U.S.C. § 2000e et seq.; Tucker Act; Motion to Dismiss for Lack of Subject Matter Jurisdiction Signed by Judge Horn.

05-376C • MANHATTAN CONSTRUCTION COMPANY v. UNITED STATES OF AMERICA,

Filed 01/31/2008
Contract Interpretation; Patent Ambiguity; Duty to Inquire; Conflict Between Drawings and Specifications; Federal Acquisition Regulation § § 52.236-21(a) and 52.243-4 Signed by Judge Hodges.

07-699T • ELLEN-MARIE ARTUSO, v. UNITED STATES

Filed 01/31/2008
Pleading special matters in tax refund cases; RCFC 9(h)(6); subject matter jurisdiction Signed by Judge Lettow.

05-1119L • ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, CYNTHIA BORDELON, and STEVE'S MOBILE HOME & R.V. ...

Filed 01/31/2008
ROCCO TOMMASEO, THOMAS TOMMASEO, ROCKY AND CARLO, INC., STEVEN BORDELON, CYNTHIA BORDELON, and STEVE'S MOBILE HOME & R.V. REPAIR, INC., v. THE UNITED STATES Amended and Supplemental Pleadings, Futility; Just Compensation Clause, U.S. CONST. amend. V; Motion For Leave To Amend Complaint; Prejudice; Standing; Subject Matter Jurisdiction; Undue Delay. Signed by Judge Braden.

04-1365C • CHEVRON U.S.A., INC., v. THE UNITED STATES

Filed 01/31/2008
Attorney Client Privilege; Deliberative Process Privilege; Work Product Privilege. Signed by Judge Braden.

95-396C • BILL HUBBARD, individually and doing business as BILL HUBBARD & ASSOCIATES v. THE UNITED STATES

Filed 01/28/2008
Attorney's fees, EAJA, Damages, Hensley v. Echkerhart. Signed by Judge Smith.

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