USCFC General Jurisdiction-Reported

Winstar;
Guarini Legislation; Damages Signed by Judge Bruggink.

Taking; motion to dismiss; complaint amended to plead takings claim; disclosure of trade secret; exclusivity of contractual remedy; sovereign capacity; proprietary capacity; authorization Signed by Judge Miller, C..

Summary Judgment; Statute of Limitations, I.R.C. § 7405; Lewis v.   Reynolds, 284 U.S. 281 (1932); Offset Against Refund Signed by Judge Hewitt.

Signed by Judge Futey.

Winstar-related case;Motion to compel;
Attorney-client privilege Signed by Judge Futey.

Contracts; Winstar-related case; liability for breach of contract; FHLBB's authority to guarantee loss of holding company; assignment of risk of regulatory change; summary judgment Signed by Judge Yock.

Pleading and practice; Winstar case; standing; real party in interest; indispensable party

Contracts; Winstar case; summary judgment; damages; expectancy damages; lost profits; restitution; reliance damages

 

Signed by Judge Miller, C..

Pleading and practice; Winstar case; standing; real party in interest; indispensable party

Contracts; Winstar case; summary judgment; damages; expectancy damages; lost profits; restitution; reliance damages

 

Signed by Judge Miller, C..

Bid protest, Temporary restraining order; 31 U.S.C. § 3553, FAR 33.104, Automatic Stay override, Justification for continued contract performance
Signed by Judge Futey.

Estate tax refund; Calculation of interest deduction

Signed by Judge Bruggink.

Summary Judgment; Diesel Fuel Excise Tax, 26 U.S.C. § 4041 (a)(1); Mobile Machinery Exception, Treas. Reg. § 48.4041-8(b)(2)(i); Off-highway Use Exception, Treas. Reg. § 48.4041-8(b)(2)(ii) Signed by Judge Hewitt.

Cross-Motions for Summary Judgment; Breach of Contract; Implied Actual Authority; Ratification; Copyrights Infringement; Tolling; Statue of Limitations; Foreign Country Exception Signed by Judge Hewitt.

Post-Award Protest; Non-Responsive Bid; Bid Bond Signed by Judge Merow.

Takings; Rails to Trails Act; Easements Signed by Judge Bruggink.

Retired pay; motion to dismiss; Staue of limitations; Survivor Benefit Plan, 10 U.S.C. § § 1447-1455 (2002); duty to notify spouse after reservist's death of survivor benefits when reservist has elected same; equitable tolling Signed by Judge Miller, C..

Winstar-related case: Takings; Prejudgment interest Signed by Judge Futey.

Interlocutory Review - 28 U.S.C. § 1292(d)(2):
A question as to whether the Federal Retirement Thrift Board, whose access to appropriated funds is both conditional and limited, may be sued on a contract claim in this court presents a question of law that satisfies the threeprong test for certification for interlocutory appeal prescribed by 28 U.S.C. § 1292(d)(2): (i) a controlling question of law (ii) with respect to which there is a substantial ground for difference of opinion and (iii) the resolution of which may materially advance the ultimate termination of the litigation   Signed by Judge Wiese.

FRANKLIN FEDERAL SAVINGS BANK,FRANKLIN FINANCIAL GROUP, INC.,GEORGE O. HAGGARD, JR. , BEN B.JARNAGIN, RICHARD C. JESSEE,A. EUGENE JOLLEY, JEAN S. KEENER,GEORGE R. McGUFFIN, and CHARLES G. ROBINETTE, v. THE UNITED STATES

Winstar-related case; Damages; Pre-Breach Reliance Damages; Restitution; Assumption of Excess Liabilities; Cost of Performance; Return of Investment; Post-Breach "Wounded Bank" Damages; Costs of Litigation Against the United States, Preparing Capital Plans, and Regulatory Advice; Transactional Costs of Raising Replacement Capital; Increased Cost of Funds; Dilution of Shareholders' Ownership Interests; Unexercised Stock Options; Lost Profits; Cost of Replacement Capital; Propriety of Summary Judgment

Signed by Judge Lydon.

Trial; Tax Penalties; 26 U.S.C. § § 6651, 6656; Failure Timely to Pay and/or Plaintiff, ) Deposit Employment Taxes; Failure Timely to Pay and/or Deposit Employee Withholdings; 26 C.F.R. § 301.5561-1(c) No Reasonable Cause; Failure to Exercise Ordinary Care and Business Prudence Signed by Judge Hewitt.

Motion to dismiss; Army national guard technician; Civilian back pay claim   based on violation of 5 U.S.C. § 3329;  
Back Pay Act; 5 U.S.C. § 2105; Definition of employee -- tripartite test; Plaintiff not "employee" at time of   alleged unjust and unwarranted personnel action; 5 U.S.C. § 5343; Money-mandating; Dismissal under RCFC 12(b)(6).

Signed by Judge Allegra.