USCFC General Jurisdiction-Reported

Post-Award Bid Protest;
Judgment Upon the Administrative Record; Nonresponsive Bid Signed by Judge Horn.

National Childhood Vaccine Injury Act; Non-Table Injury; Multiple Vaccinations; Causation; Expert Credibility Signed by Judge Firestone.

Motion to Dismiss or to Strike; Untimeliness of Motion for Review; National Childhood Vaccine Injury Act of 1986, codified as amended at 42 U.S.C. § § 300aa-1 to 300aa-34 (2000 & Supp. 2003) (Vaccine Act); RCFC 60(b); RCFC App. B, Vaccine Rule 23 Signed by Judge Hewitt.

Bid Protest; Small Business Administration ("SBA") - Size Determination; Exhaustion of Administrative Remedies; Justiciability;
13 C.F.R. § 121.404(g);
13 C.F.R. § 121.405(a) Signed by Judge Firestone.

Deselection bid protest; cross-motions for judgment upon the administrative record; multiple-award contracts with the Government Printing Office for development of electronic passport covers, preparation and testing of prototypical covers, and production of such covers; equitable relief Signed by Judge Lettow.

Motion for summary judgment, Rule 56, Federal Wage System, back pay, "high work," Prevailing Rate Systems Act, Environmental Differential Pay, "high pay," collective bargaining agreement, waiver of employees' right to judicial remedy, effect of 1994 amendment to Civil Service Reform Act of 1978, accord and satisfaction, meeting of the minds, consideration Signed by Judge Miller, G..

Breach of contract damages; summary judgment; independent and collateral undertakings; proximate cause; lost profits; foreseeability; Geothermal Steam Act of 1970; restitution Signed by Judge Wolski.

Motion to dismiss; Subject-matter jurisdiction; Motion to transfer; 28 U.S.C. § 1631; Federal Tort Claims Act, 28 U.S.C. § 1346(b); Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233; Americans with Disabilities Act, 42 U.S.C. § 12182; Rehabilitation Act, 29 U.S.C. § 794 Signed by Judge Lettow.

Tax—The requirement set forth in IRS Form 872-A that an extension of the statute of limitations applicable to a tax year shall end "on the overassessment date of a decrease in . . . tax that reflects the final determination of tax and the final administrative appeals consideration" is satisfied where the facts show that (i) the taxpayer and the IRS entered into an agreement (Form 870-AD) pursuant to which the taxpayer consented to the assessment and collection of a proposed deficiency while reserving the right to seek a refund solely on certain enumerated grounds, (ii) the agreement contained language of finality and the IRS simultaneously advised the taxpayer that it was closing its file "on the basis agreed upon," and (iii) the IRS later issued a refund on the basis of the rights reserved by the taxpayer Signed by Judge Wiese.

Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Whether the Court has Jurisdiction of Claims Under the Fifth Amendment Due Process Clause and Claims for Alleged Illegal Acts of the IRS, Including Fraud; Whether IRS Form 1040 is a Contract; Whether Collection of Taxes is a Fifth Amendment Taking;
Whether Transfer to the United States Tax Court is authorized by 28 U.S.C. § § 1631 and 610 Signed by Judge Hewitt.

Just Compensation Clause,
U.S. Const. amend. V, cl. 4;
Nuclear Waste Policy Act,
42 U.S.C. § § 10101, et seq.;
Motion to Dismiss, RCFC 12(b)(6) Signed by Judge Braden.

Breach of Contract;
Court-Appointed Expert, FED. R. EVID. 706;
Duty of Good Faith and Fair Dealing; Economic Duress;
RESTATEMENT (SECOND) CONTRACTS (1981) Signed by Judge Braden.

Bid and Proposal Costs; Cost Accounting Standards, 48 C.F.R. § § 9904.402, 404, 409, 418, 420; Cost Allocability; Cost Allowability; Federal Acquisition Regulations, 48 C.F.R. § § 31.205-11, 18, 25, 40; Independent Research and Development Costs; RCFC 12(b)(6); RCFC 56(b) Signed by Judge Braden.

Agricultural Quarantine Inspection User Fee, 21 U.S.C. § 136(a); Immigration User Fee Statute, 8 U.S.C. § § 1356, et seq.; Motion to Dismiss, RCFC 12(b)(1), (6);
Motion for Summary Judgment, RCFC 56(c) Signed by Judge Braden.

Post-Award Bid Protest; Competition in Contracting Act; 31 U.S.C. § 3553 Automatic Stay; Override; Best Interests of the United States; Urgent and Compelling Circumstances; Arbitrary and Capricious Review; Electromagnetic Spectrum Allocation; Rule 56.1 Versus Summary Judgment; Standard of Review; Administrative Record Signed by Judge Block.

Post-award bid protest; Cross-motions for judgment on the administrative record; Bannum - standard for reviewing motion for judgment on the administrative record; Price realism analysis; Offeror's failure to respond adequately to agency requests for information relating to price realism analysis; Elimination from competitive range; FAR § 15.403-(a)(4); Agency's actions not arbitrary, capricious or contrary to law; Injunctive relief denied Signed by Judge Allegra.

Post-award bid protest; arbitrary evaluation process; re-procurement; declaratory and injunctive relief Signed by Judge Wolski.

Summary Judgment; Outer Continental Shelf Oil and Gas Leasing; Anticipatory Repudiation; Restitution ; Outer Continental Shelf Lands Act; 1990 Amendment to the Coastal Zone Management Act, 16 U.S.C. § 1456(c)(1); Sovereign Acts Doctrine; Unmistakability Doctrine; Waiver; Assignability of
Claims Signed by Judge Bruggink.

Petition for Habeas Corpus; Injunction of IRS Collection Activities; Anti-Injunction Act; Subject Matter Jurisdiction; Sua Sponte Dismissal; Pro Se Plaintiff; Ledford v. United States, 297 F.3d 1378 (Fed. Cir. 2002) Signed by Judge Block.

Motions to Dismiss and for Summary Judgment; Whether Fair Labor Standards Act (FLSA) Claims Are Barred by the Statute of Limitations; Whether Federal Employee Pay Act (FEPA) Claim Must be Dismissed for Failure to Demonstrate that the Claimed Overtime Was Approved in Writing; Whether the Position of CU-11 Credit Union Examiner is FLSA-Exempt; Whether Certain Travel Expense Claims Were Properly Denied Signed by Judge Hewitt.