USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago

04-132C • KEETON CORRECTIONS, INC.,v. THE UNITED STATES AND DISMAS CHARITIES, INC., Intervening Defendant

Filed 09/23/2004
Equal Access to Justice Act; Attorney fees; No recovery for prior court activity; COLA Signed by Judge Merow.

99-489C • WALLACE FORMAN v. THE UNITED STATES

Filed 09/22/2004
FBI Agent; Contracts; Breach of Contract; Reimbursement of Expenses Deemed in Furtherance of Contract; Absence of Explicit or Specific Pre-approval not Basis for Denying Reimbursement Signed by Judge Hodges.

99-194C • MARKETING AND MANAGEMENT INFORMATION, INC., v. THE UNITED STATES

Filed 09/20/2004
Contracts; Brooks Act; Motion in Limine; Right to Damages Even in Absence of Appropriated Funds for Performance; Application of CDA to Barter Contract Signed by Judge Bruggink.

03-2485C • FOREST PRODUCTS NORTHWEST, INC., v. THE UNITED STATES

Filed 09/17/2004
RCFC 26 Protective Order; Motion to Dismiss; Jurisdiction of Court of Federal Claims and U.S. Court of International Trade; Antidumping and Countervailing Duties; Exhaustion of Remedies Signed by Judge Block.

04-1200C • EAGLE DESIGN MANAGEMENT, INC., v. THE UNITED STATES and CIRCLE SOLUTIONS, INC., Intervenor

Filed 09/16/2004
Post-award Bid Protest; 28 U.S.C. § 1491(b); Interested Party; Subcontractor Standing Signed by Judge Williams.

97-31C • JACKSON CONSTRUCTION, CO., INC., v. THE UNITED STATES

Filed 09/15/2004
Contracts; construction; early completion delay claim; cumulative impact claim; total cost damage theory; accord and satisfaction Signed by Judge Yock.

03-2753L • JAMES DWEN, LAURIE MORLEY and ROBERT VICKERS as heirs of DOMINGO PEDRO ACOSTA v. THE UNITED STATES

Filed 09/14/2004
Jurisdiction; Tucker Act; Statute of Limitations, 28 U.S.C. § 2501; Takings; Declaratory Judgment; Action to Quite Title; Equitable Relief; Treaty Cases, 28 U.S.C. § 1502 Signed by Judge Futey.

02-1973V • CELESTE HOPKINS v. SECRETARY OFTHE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 09/14/2004
National Vaccine Injury Compensation Program; Motion for Review; 42 U.S.C. § 300aa-12(e)(2)(B); Special Master Discretion; Credibility Signed by Judge Hodges.

04-0021C • VIROMED LABORATORIES, INC.,THE UNITED STATES and CENTER FOR DISEASE DETECTION, LLC, Defendant-Intervenor

Filed 09/10/2004
Post-Award Bid Protest; Compliance with Solicitation Requirements Signed by Judge Horn.

04-284C • TERRY LOUIS CARTER v. THE UNITED STATES

Filed 09/10/2004
Military pay; pro se; Tucker Act, 28 U.S.C. § 1491(a)(1) (2000); statute of limitations, 28 U.S.C. § 2501 (2000); equitable tolling; "accrual suspension" rule; tort Signed by Judge Miller, C..

99-396L • JOE H. HUBBERT, ET AL., v. THE UNITED STATES

Filed 09/10/2004

Takings; Rails to Trails Act; Attorney Fees; Offer of Judgment

Signed by Judge Bruggink.

90-284C • COMPUTERVISION CORPORATION v. THE UNITED STATES

Filed 09/09/2004
Tax Refund Claim; Statute of Limitations, 26 U.S.C. § 6511(a); Requirement to File an Administrative Claim Prior to Bringing Suit, 26 U.S.C. §7422(a); Specificity of Administrative Refund Claims, 26 C.F.R. § 301.6402-2(b)(1); Variance Between Administrative Claim and Claim Before the Court; Amendments to Refund Claims; Interest Suspension, Rev. Rul. 99-40; Global Interest Netting, 26 U.S.C. § 6621(d) Signed by Judge Horn.

92-844C • STANDARD FEDERAL BANK (formerly known as Heritage Federal Savings Bank), v. THE UNITED STATES

Filed 09/09/2004
Winstar-related Case; Contract Damages; Expectancy Damages; Lost Profits; Cost of Replacement Capital; Reliance Damages Signed by Judge Horn.

95-541C • HOME FEDERAL BANK OF TENNESSEE, F.S.B. v. THE UNITED STATES

Filed 09/08/2004
Contracts; Winstar-related case; liability for breach of contract; liability for breach of contract implied in fact; authority of supervisory agents; summary judgment Signed by Judge Yock.

04-239L • JOHN AND CAROL O'DONNELL v. THE UNITED STATES

Filed 09/08/2004
Impact of filing notice of appeal where the appellate court plainly lacks jurisdiction; Order staying discovery; Interlocutory; Trial court jurisdiction retained; Response to motion to dismiss ordered Signed by Judge Allegra.

00-315C • GARY L. AARON, ET. AL., v. THE UNITED STATES

Filed 09/07/2004
Civilian pay claims; Discovery dispute; Motion for sanctions; Court's jurisdiction to declare rights of employees with respect to leave status Signed by Judge Bruggink.

01-33C • PAYMASTER TECHNOLOGIES, INC. v. THE UNITED STATES ERRATA

Filed 09/03/2004
Patents; infringement; invalidity, 35 U.S.C. § 112 (2000); implied license; obviousness, 35 U.S.C. § 103(a); anticipation; on-sale bar, 35 U.S.C. § 102(b); joint inventorship, 35 U.S.C. § 116; reasonable royalty Signed by Judge Miller, C..

97-381C, 97-3812C & 97-38129C • FRANCONIA ASSOCIATES, ET AL., v. THE UNITED STATES ERRATA

Filed 09/02/2004
Rural housing program under section 515 of the Housing Act of 1949; Prepayment right; ELIHPA and the HCDA; Breach of contract; Unmistakability doctrine; Law of the case doctrine; Takings; Expectancy damages; Lost profits; Mitigation; Proximate result; Forseeability; Reasonable certainty; Time of breach; Discounted cash flow; Speculation vs. reasonable approximation Signed by Judge Allegra.

03-1874C • EDWARD T. ARAKAKI AND HELEN ARAKAKI v. THE UNITED STATES

Filed 09/01/2004
Contract; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Motion for Summary Judgment; Rule 56; Statute of Limitations; Authority of HUD Field Asset Manager to agree to permit prospective purchaser of property to bid on HUD mortgage in foreclosure Signed by Judge Hewitt.

97-187C, 01-148C • HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC.,v. THE UNITED STATES

Filed 08/31/2004
Trial; Contract Disputes Act; Federal Employees Health Benefits Program; Failure to pay premiums; Underpayment for 1990 through 1996 determined; Underpayment for 1988 and 1989 denied; Administrative and contingency reserves; Jurisdiction to resolve non-monetary disputes; Specific performance; Interest Signed by Judge Allegra.

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