| 05/15/2012 | Allegra | BENJAMIN & SHAKI ALLI AND BSA CORPORATION V. THE UNITED STATES [01-669C] | HUD housing contract; Counterclaim; Motion for summary judgment under RCFC 56; Damages; Sole shareholders liable for damages owed by corporation under default judgment; Res judicata; Failure to create genuine issues of material fact |
| 05/14/2012 | Hewitt | DAVID STEBBINS V. THE UNITED STATES [12-296C] | Pro Se; RCFC 12(h)(3); No Jurisdiction Over Bivens Action; Doctrine of Respondeat Superior Not Money-Mandating |
| 05/11/2012 | Damich | 360TRAINING.COM, INC. V. THE UNITED STATES [12-197C] | Bid protest; Tucker Act; 28 U.S.C. § 1491; procurement; cooperative agreement; Federal Grant and Cooperative Agreement Act; motion to dismiss; RCFC 12(b)(1); in connection with a procurement or proposed procurement |
| 05/11/2012 | Williams | CBS CORPORATION & SUBSIDIARIES (f/k/a VIACOM INC. & SUBSIDIARIES) V. THE UNITED STATES [10-153T] | Income Tax Refund; Calculation of Gain Upon Sale of Property; Reduction of Basis Due to Depreciation Allocable to Exempt Foreign Trade Income; 26 U.S.C. §§ 161, 167, 261, 265, 921-927, 1001, 1011, 1012, and 1016(a)(2); Foreign Sale Corporation Regime |
| 05/10/2012 | Wheeler | JUDITH SCRASE V. THE UNITED STATES [12-56C] | Pro se Plaintiff; Fifth Amendment Takings Claim; Rule 12(b)(6) Motion to Dismiss; No Legally Cognizable Property Interest; Failure to State a Claim Upon Which Relief Can Be Granted. |
| 05/10/2012 | Firestone | TEXTAINER EQUIPMENT MANAGEMENT LIMITED, et al. V. THE UNITED STATES [08-610C] | Fifth Amendment Takings Claim; Motion to Strike Portions of Summary Judgment Motion; Real Party in Interest under RCFC 17(a); Waiver of “Real Party in Interest” Issue; Assignment of Claims Act, 31 U.S.C. § 3727 (2006) |
| 05/08/2012 | Hewitt | PEPPER TREE APARTMENTS, LTD. II V. THE UNITED STATES OF AMERICA [12-237C] | Complaint Deposited in Night Box Was Filed on Date Deposited |
| 05/07/2012 | Allegra | PEW FOREST PRODUCTS V. THE UNITED STATES [09-814C] | Timber contract case; Cross-motion for summary judgment; Existence of contracts – offer and acceptance; Implied-in-fact contracts; Covenant of good faith and fair dealing; No breach; Defendant’s motion for summary judgment granted. |
| 05/07/2012 | Wiese | TEREX CORPORATION V. THE UNITED STATES [11-701C] | In reviewing whether an agency’s award decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, the court is charged with ensuring that the challenged decision is based on a reasoned evaluation of the relevant |
| 05/07/2012 | Sweeney | CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. V. THE UNITED STATES [12-148C] | Delivery Order Protest, 10 U.S.C. § 2304c(e); Cross-Motions for Judgment on the Administrative Record; Scope of the Underlying Contracts; Language in Contracts Is Unambiguous; Resort to Extrinsic Evidence Is Unnecessary |
| 05/04/2012 | Firestone | BIG OAK FARMS, INC., et al. V. THE UNITED STATES [11-275L] | Fifth Amendment Taking; Failure to State a Claim Under RCFC 12(b)(6); Flood Control Act of 1928, 33 U.S.C. §§ 702 et seq.; Distinction between Taking and Tort under Ridge Line v. United States, 346 F.3d 1346 (Fed. Cir. 2003) |
| 05/02/2012 | Allegra | PETRO-HUNT, L.L.C. V. THE UNITED STATES [00-512L] | Takings action; Motion to dismiss under RCFC 12(b)(1); 28 U.S.C. § 1500; Judicial takings; Supplemental pleading under RCFC 15(d); Portions of complaint dismissed. |
| 05/02/2012 | Merow | DISTRIBUTED SOLUTIONS, INC., et al. V. THE UNITED STATES [06-466C] | Protest of pre-procurement decisions made in connection with determining a need for property or services. |
| 05/02/2012 | Damich | DAIRYLAND POWER COOPERATIVE V. THE UNITED STATES OF AMERICA [04-106C] | Spent Nuclear Fuel; Mitigation Damages; Private Fuel Storage; Causation; Reasonableness of Mitigation |
| 05/02/2012 | Miller, C. | KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES [09-351C] | Contracts; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2006); equitable adjustment; cost-reasonableness determination; trial; provision of DFAC (dining facility) services to troops in Iraq |
| 05/02/2012 | Smith | PACIFIC GAS AND ELECTRIC COMPANY, et al. V. THE UNITED STATES [07-157C & 07-167C] | Trial, Breach of Contract, California Power Crisis |
| 05/02/2012 | Smith | THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, et al. V. THE UNITED STATES [07-184C] | Trial, Breach of Contract, California Power Crisis |
| 04/30/2012 | Bush | BAYFIRST SOLUTIONS, LLC, V. THE UNITED STATES [12-131C] | Pre-Award Bid Protest; 41 U.S.C.A. § 4106(f) (West, Westlaw through P.L. 112-81); Standing; Lack of Jurisdiction over Challenge to Proposed Issuance of a Task Order, Except for Challenge to Scope of Proposed Task Order |
| 04/30/2012 | Braden | JOHN R. GORSKI and JEAN A. GORSKI V. THE UNITED STATES [09-742T] | Tax Refund Claim, 26 U.S.C. § 7422(a); Casualty Loss, 26 U.S.C. § 165(c); Issue Preclusion. |
| 04/30/2012 | Sweeney | CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. V. THE UNITED STATES [12-148C] | Motion to Strike Exhibit Attached to Complaint That Was Not Subsequently Included in the Administrative Record |
