USCFC General Jurisdiction-Reported

Winstar case; motion for reconsideration; no change in controlling law; government acceptance under Winstar Signed by Judge Margolis.

Bid protest; Judgment on the administrative record; Unusual and compelling urgency exception to the Competition In Contracting Act, 10 U.S.C. § 2304(c)(2); Organizational Conflict of Interest; Permanent injunction; National defense and National security Signed by Judge Futey.

Consolidated tax return regulations; Internal Revenue Code §1501; Treas. Reg. §1.1502- 75(d)(2)(ii); downstream merger; step transaction doctrine; single economic entity doctrine Signed by Judge Sypolt.

Abuse of Discretion; Best Value Solicitation; Integrity of Procurement Process; National Defense and National Security; Permanent Injunction; Post-Award Bid Protest; Public Interest; Supplementation of the Administrative Record Signed by Judge Braden.

Post-award bid protest; multiple award construction contract; cross-motions for judgment upon the administrative record; RCFC 56.1; Federal Acquisition Regulation; Department of Defense Federal Acquisition Regulation Supplement; Construction Contractor Appraisal Support System Signed by Judge Lettow.

Cross-motions for summary judgment; Motion to strike declaration; RCFC 56(e); Rule 701 of the Federal Rules of Evidence; Opinion regarding comparable rents by lay witness (government employee); Opinion not "rationally based on the perception of the witness"; Conclusions based on "scientific, technical or other specialized knowledge"; Motion to strike granted Signed by Judge Allegra.

Post-award Bid Protest- Additional Supplementation of Administrative Record Following Denial of Motion for Preliminary Injunction Signed by Judge Williams.

Winstar; Reliance Damages; Transactional Costs; Cost of Deposits Damages; Dilution Damages; Damage to Stock Options Signed by Judge Firestone.

Post-award bid protest; TRICARE for Life; motion for judgment upon the administrative record; RCFC 56.1; 28 U.S.C. § 1491 (b)(2); equitable relief; bid preparation and proposal costs; motion for reconsideration Signed by Judge Lettow.

Motion for discovery in post-award bid protest; presumption of regularity and good faith conduct; discovery allowed re: alleged misrepresentation in contract proposals Signed by Judge Wolski.

Acceleration Claim; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Federal Acquisition Regulations; Integration Clause; 48 C.F.R. § 52.023-4703; 48 C.F.R. § 52.211-10; 48 C.F.R. §52.217-9;48 C.F.R. § 52.243-4 Signed by Judge Braden.

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, Plaintiffs and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK, Plaintiff-Intervenor v. THE UNITED STATES

Winstar-related case; Shareholder Standing Rule; Derivative Claims; Essential Reliance Damages; Restitution

Signed by Judge Braden.

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, Plaintiffs and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK, Plaintiff-Intervenor v. THE UNITED STATES

Winstar-related case; Shareholder Standing Rule; Derivative Claims; Essential Reliance Damages; Restitution

Signed by Judge Braden.

Bid Protest; 48 C.F.R. § 14.404; cancellation of invitation for bids after bid opening; Administrative Procedure Act, 5 U.S.C. § § 702 and 706; arbitrary and capricious; judgment on the administrative record Signed by Judge Miller, G..

Confidentiality agreement and protective order; Indian Mineral Development Act of 1982; Whether 25 U.S.C. § 2103(c) creates discovery privilege; Plain meaning; Strict construction of statute allegedly conferring discovery privilege; Legislative history; Implementing regulations; No privilege found Signed by Judge Allegra.

Breach of Contract; Contract Disputes Act, 28 U.S.C. § 1491(a)(2); Counterclaim; Declaratory Judgment; Quasi-Contract; Summary Judgment; Restitution Signed by Judge Braden.

Summary Judgment; Regulatory Takings Claim Signed by Judge Horn.

Congressional reference case; Legal versus equitable claim; Wrongful or negligent conduct; Gratuity; Alleged defective procedures used by VA Board in resolving pre-Contract Dispute Act contract claim; Pre-judgment interest; Other interest; Litigation expenses; Interest and expenses determined to be a gratuity; Impact of referring legislation Signed by Judge Allegra.

Military Pay Case; Voluntary Resignation; Medical Discharge; SECNAVINST 1850.4C; Disability Ratings; 38 C.F.R. §4.124a; Motion to Dismiss Signed by Judge Hodges.

Motion to intervene; denial of stay pending appeal Signed by Judge Hewitt.