USCFC General Jurisdiction-Reported

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

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

Filed 08/25/2003
Contracts; Brooks Act; Absence of Termination for Convenience Clause; Application of FAR to Procurements Signed by Judge Bruggink.

03-465C • MARK DUNNING INDUSTRIES, INC., v. THE UNITED STATES AND SI-NOR, INC., Defendant-Intervenor

Filed 08/21/2003
Contracts;   post-award bid protest; timely protest to the SBA; violation of regulations; prejudice; remand to SBA Signed by Judge Margolis.

99-88C • AIRPLANE SALES INTERNATIONAL CORPORATION v. THE UNITED STATES and NAVAL AVIATION MUSEUM FOUNDATION. Defendant-Intervenor

Filed 08/20/2003
Contract Interpretation; 10 U.S.C. § 2572; "As Is, Where Is;" Transferand Exchange of Surplus Aircraft Signed by Judge Hodges.

01-322C & 01-536C • LION RAISINS, INC. v. THE UNITED STATES

Filed 08/20/2003
Pleading and practice; Equal Access to Justice Act, 28 U.S.C. § 2412 (2002); attorneys' fees and costs; aggregation of net worth; number of employees; substantial justification; special circumstances; cost of living adjustment Signed by Judge Miller, C..

01-457C • MIGUEL FIGUEROA v. THE UNITED STATES

Filed 08/15/2003

Payment of   patent fees; Statute of Limitations; Standing; Illegal exaction; Patents and Copyrights Clause, U.S. CONST. art. I, § 8, cl. 8; Direct Tax Clause U.S. CONST. art. I, § 9, cl. 4; Takings; Cognizable property interest

Signed by Judge Futey.

00-447C • STEPHEN S. ADAMS, ET AL., v. THE UNITED STATES

Filed 08/11/2003
Fair Labor Standards Act; Overtime pay; Fifth Amendment Takings; Cognizable property right Signed by Judge Block.

01-73C • SAN JUAN CITY COLLEGE, INC., ET AL., v. THE UNITED STATES

Filed 08/08/2003
Contract; Agency agreement to comply with regulations; Standard of review; Damages Signed by Judge Bruggink.

03-340C • VANTAGE ASSOCIATES, INC., v. THE UNITED STATES

Filed 08/08/2003
Post-Award Bid Protest; Injunctive Relief; Organizational Conflict of Interest; Evaluation of Proposals Signed by Judge Horn.

02-1460C • HERMES CONSOLIDATED, INC., d/b/a WYOMING REFINING COMPANY v. THE UNITED STATES

Filed 08/07/2003
Government contract; Jet Federal   Acquisition Regulations; Waiver; Laches
Signed by Judge Block.

02-1514 • DEBRA LEA MCSHEFFREY v. THE UNITED STATES C)

Filed 08/07/2003
Contract;   Summary Judgment; Res Judicata; Collateral   Estoppel; Postal Service Board of Contract Appeals Signed by Judge Hewitt.

93-52C • SOUTHERN CALIFORNIA FEDERAL SAVINGS & LOAN ASSOCIATION; SOCAL HOLDINGS, INC.; ARBUR, INC.; ROY DOUMANI; PRESTON MARTIN; ...

Filed 08/07/2003

SOUTHERN CALIFORNIA FEDERAL SAVINGS & LOAN ASSOCIATION; SOCAL HOLDINGS, INC.; ARBUR, INC.; ROY DOUMANI; PRESTON MARTIN; WILLIAM E. SIMON, Jr., J. PETER SIMON, GEORGE J. GILLESPIE, III, Executors of the Estate of William E. Simon, Sr.; and BEVERLY W.THRALL, Successor to the Claims of Larry B. Thrall, v. THE UNITED STATES

Winstar-related case; FIRREA; Post-Trial Damages: Expectation, Reliance, Restitution, Wounded Bank, Cost of Replacement Capital, Dimunition, Dilution, and Money-Back Restitution

Signed by Judge Baskir.

03-1229C • FRU-CON CONSTRUCTION COMPANY, INC., v. THE UNITED STATES and HITT CONTRACTING, INC., Defendant-Intervenor

Filed 08/07/2003
Architect of the Capitol; Bid   Protest; Tucker Act Jurisdiction; APA Standards; Best Value Contract; Written Proposals; 5   U.S.C. § 706; 28 U.S.C. § 1491(b); Arbitrary and Capricious Signed by Judge Hodges.

02-1854L • JOHN BRENEMAN and WILLIAM D. BRENEMAN v. THE UNITED STATES

Filed 08/06/2003
Fifth Amendment Takings; Motion to Dismiss; 28 U.S.C. 1500 (1994); Complaint Filed in District Court and Court of Federal Claims on Same Day; Summary   Judgment; Claim of Takings of Avigation (Air)   Easement by FAA by Publication of Aeronautical Chart and Issuance of   Hazard Determination Signed by Judge Hewitt.

01-156C • RCS ENTERPRISES v. THE UNITED STATES

Filed 08/06/2003
Contracts;   Contract Disputes Act of 1978, 41    U.S.C. § §   601-613 (2002); motion for summary   judgment; claim for past refunds and future   savings for  multi-year contract; res   judicata; claim preclusion; issue preclusion; Anti-Deficiency Act, 31 U.S.C. § 1341 (2002); prior material  breach;   frustration of purpose; waiver of defenses not pled Signed by Judge Miller, C..

95-503C • FIFTH THIRD BANK OF WESTERN OHIO v. THE UNITED STATES

Filed 08/06/2003
Contracts; Winstar case; takings; Fifth Amendment; due process; taking of rights created by contract contrasted with taking of goodwill resulting from supervisory transactions Signed by Judge Miller, C..

01-348C • CAROLYN ABRAMS, ET AL., v. THE UNITED STATES

Filed 08/04/2003
Back Pay; 5 U.S.C. § §  5545(a) and 5546(a); 38 U.S.C. § §7453 and 7454; Rule 23; Class   Actions; Quinault Standards Signed by Judge Hodges.

95-829C • STERLING SAVINGS, ET AL., v. THE UNITED STATES

Filed 08/04/2003
REISSUED FOR PUBLICATION Winstar-related case; breach of contract; accounting treatment; goodwill; FSLIC cash contribution Signed by Judge Damich.

92-580C • SPARTON CORPORATION v. THE UNITED STATES

Filed 08/04/2003
REISSUED FOR PUBLICATION patent invalidity; on sale bar; experimental use exception Signed by Judge Damich.

02-1363C • LION RAISINS, INC., a California corporation v. THE UNITED STATES

Filed 08/01/2003
Fifth Amendment Taking; Jurisdiction; Non-Appropriated Fund   Instrumentality Signed by Judge Merow.

93-489C • ADMIRAL FINANCIAL CORPORATION v. THE UNITED STATES

Filed 07/31/2003

Winstar-Related Case; Post- Trial; Regulatory Capital Maintenance Agreement; Prior Material Breach; Repudiation; Entitlement to Restitution

Signed by Judge Baskir.

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