USCFC General Jurisdiction-Reported

Subscribe to USCFC General Jurisdiction-Reported feed
U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago

95-510C • COLUMBIA FIRST BANK, FSB v. THE UNITED STATES

Filed 10/31/2003
Winstar-related case; evidence; ancient documents exception, Fed. R. Evid. 803(16); authentication, Fed. R. Evid. 901(b)(8); hearsay within hearsay, Fed. R. Evid. 805; documents of third parties, business records exception, Fed. R. Evid. 803(6); public records exception, Fed. R. Evid. 803(8); whether statements of outside consultants are admissions under Fed. R. Evid. 801(d)(2) Signed by Judge Hewitt.

95-525C • COAST-TO-COAST FINANCIAL CORPORATION v. THE UNITED STATES

Filed 10/31/2003
Winstar; breach of contract; contract interpretation; extrinsic evidence; assumption of risk of regulatory change Signed by Judge Bruggink.

92-540C • O. BRUTON SMITH and HELEN W. SMITH, Executrix for Plaintiff Bill Smith, deceased & THE FEDERAL DEPOSIT INSURANCE ...

Filed 10/28/2003

O. BRUTON SMITH and HELEN W. SMITH, Executrix for Plaintiff Bill Smith, deceased & THE FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor v. THE UNITED STATES - ERRATA

Winstar-Related Case; Privity of Executrix Contract; Shareholder Derivative Standing; Fifth Amendment Takings; FDIC Standing

Signed by Judge Block.

01-572C • LION RAISINS, INC. ET AL., v. THE UNITED STATES

Filed 10/28/2003
Non-Appropriated Fund Instrumentality; Fifth Amendment Taking; Lack of Jurisdiction Signed by Judge Firestone.

02-1220C • NAVAJO REFINING COMPANY, L.P., and MONTANA REFINING CO., v. THE UNITED STATES

Filed 10/27/2003
Military fuel supply contracts; unauthorized economic price adjustment clause; individual and class deviations from FAR §16.203; quantum valebant relief; summary judgment Signed by Judge Hewitt.

02-1953C • SOUTHERN CALIFORNIA EDISON v. THE UNITED STATES

Filed 10/24/2003
Breach of contract; Motion to dismiss; Subject matter jurisdiction; Bonneville Power Administration; Northwest Power Planning Act, 16 U.S.C. § § 839-839h; Rule 12(b)(6); Failure to state a claim; Contract interpretation; Implied covenant of good faith and fair dealing; Implied duty to disclose superior information; Equitable estoppel Signed by Judge Lettow.

90-878C • ALFRED D. HUGHES and EL PASO HOLDING CORPORATION v. THE UNITED STATES

Filed 10/23/2003
Winstar-related Case; FIRREA;
Contract Formation; Summary Judgment for Breach of Contract; FHLBB's Contracting Authority; Assignment of Risk; Privity Signed by Judge Merow.

98-507C • THEISEN VENDING CO., INC. v. THE UNITED STATES

Filed 10/20/2003

Fifth Amendment taking; summary judgment; RCFC 56(f); FDA tobacco   regulations

Signed by Judge Lettow.

02-1011C • MCI WORLDCOM COMMUNICATIONS, INC., v. THE UNITED STATES

Filed 10/17/2003
GSA Telecommunications Contract; Contract Construction; Constructive Changes; Changes Clause; 48 C.F.R. § 52.229-04(c). Signed by Judge Hodges.

03-616T • DAVID CARROLL STEPHENSON, DAVID STRUCKMAN, AND LAURA STRUCKMAN, Pro Se v. THE UNITED STATES

Filed 10/15/2003
RCFC 12(b)(2) motion to dismiss for lack of   jurisdiction against individuals; RCFC 12(b)(1) motion to dismiss for lack of subject matter jurisdiction; Writ of habeas corpus cum causa; "Money-mandating" jurisdiction of the Court of Federal Claims Signed by Judge Gibson.

95-517C • FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER v. THE UNITED STATES

Filed 10/14/2003
Contracts; Winstar-related case; liability for breach of contract; lack of consideration; real party in interest; Assignment of Claims Act; Fifth Amendment taking and due process claims; summary judgment Signed by Judge Merow.

03-2225C • NORFOLK DREDGING COMPANY, INC. v. THE UNITED STATES AND BEAN STUYVESANT, LLC Defendant-Intervenor

Filed 10/14/2003
Contracts; pre-award/post-award bid protest; 28   U.S.C. § 1491    (b)(1) (2000); exception to 46 U.S.C. app. § 292 (2000), prohibiting dredging by all foreign-built, 75% U.S.-citizenowned vessels and U.S.   vessels not chartered by a U.S. citizen or a U.S. entity with 75% U.S.-citizen control Signed by Judge Miller, C..

95-39C • ANCHOR SAVINGS BANK, FSB v. THE UNITED STATES - ERRATA

Filed 10/02/2003
Winstar-Related Case; Summary Judgment; Damages; Material Issue of Fact; Burden of Proof; Causation Foreseeability Signed by Judge Block.

02-705C • WILLIAMS ALASKA PETROLEUM, INC., AND WILLIAMS ENERGY MARKETING AND TRADING v. THE UNITED STATES

Filed 10/01/2003
Contracts - Economic Price Adjustments: 48 C.F.R. § 16.203 authorizes the use of economic price adjustment clauses that adopt   marketbased price indexes to provide for adjustments in a contractor's established prices. The authority to rely on such clauses is additionally conferred by legally obtained deviations from the Federal Acquisition Regulations Signed by Judge Wiese.

01-225C • LAMB ENGINEERING & CONSTRUCTION COMPANY v. THE UNITED STATES

Filed 09/30/2003
Contracts; False Claims Act; Termination for Default; Summary Judgment Signed by Judge Bruggink.

02-1383L • SAMISH INDIAN NATION, a federally recognized Indian Tribe v. THE UNITED STATES

Filed 09/30/2003
Indian tribe; motion to dismiss; federally   recognized; Indian Self-Determination Act; Treaty of Point Elliot; statute of limitations; 25 C.F.R. § 83.2; subject matter jurisdiction; exhaustion of administrative remedies; clerical error; equitable tolling doctrine; Snyder Act; collateral estoppel;   temporary taking; 28 U.S.C. § 1500; previously filed claim Signed by Judge Damich.

01-448C • MICHAEL P. PAALAN v. THE UNITED STATES

Filed 09/30/2003
Motion to dismiss; administrative exhaustion; statute of limitations; equitable tolling; Fifth Amendment Just Compensation Clause; seizure of property for evidentiary purposes by police power. Signed by Judge Braden.

92-391L • KENT BUSH v. THE UNITED STATES

Filed 09/30/2003
Motion to dismiss; mineral interests; Fifth Amendment Just Compensation Claim; administrative review. Signed by Judge Braden.

00-170V • MARGARET ALTHEN v. THE UNITED STATES

Filed 09/30/2003
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300-aa-1 to 300aa-34 (2000); de novo review; causation in fact Signed by Judge Braden.

02-231C • PARKER BEACH RESTORATION, INC., v. THE UNITED STATES

Filed 09/30/2003
Patent infringement; release clause; summary judgment; authorization and consent; Fla. Stat. ch. 768.041 CRADA; contract   interpretation; extrinsic evidence Signed by Judge Damich.

Pages