| 09/27/2012 | Miller, C. | KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES [09-428C & 09-578C] | 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; cost-plus-award-fee for government contract |
| 09/26/2012 | Damich | ANAHEIM GARDENS, et al. V. THE UNITED STATES [93-655C] | Low-Income Housing; Contractual Right to Prepay; Summary Judgment |
| 09/26/2012 | Damich | ANAHEIM GARDENS, et al. V. THE UNITED STATES [93-655C] | Low-Income Housing; Affordability Restrictions; Prepayment; ELIHPA; LIHPRHA; Ripeness; Administrative Exhaustion; Futility; Windfall Profits Test; Summary Judgment |
| 09/25/2012 | Smith | YAKAMA NATION HOUSING AUTHORITY V. THE UNITED STATES [08-939C] | Lummi Tribe v. United States, 99 Fed. Cl. 584 (2011); NAHASDA Reauthorization Act of 2008, Pub. L. No. 110-411, 122 Stat. 4319 Trusts |
| 09/25/2012 | Williams | STEPHEN J. ROGERS, et al., V. THE UNITED STATES [07-273L, 08-198L] | Motion for Partial Summary Judgment; RCFC 56; Class Action; Fifth Amendment Takings; Rails-to-Trails Act, 16 U.S.C. §§ 1241-51 (2006); Florida Law; Fee Simple; Right-of-Way; Easement Under Florida Law; Fee Simple Determinable; Prescriptive Easement; Adver |
| 09/25/2012 | Williams | STEPHEN J. ROGERS, et al. V. THE UNITED STATES [07-273L & 08-198L] | Motion for Partial Summary Judgment; RCFC 56; Class Action; Fifth Amendment Takings; Rails-to-Trails Act, 16 U.S.C. §§ 1241-51 (2006); Florida Law; Fee Simple; Right-of-Way; Easement Under Florida Law; Fee Simple Determinable; Prescriptive Easement |
| 09/24/2012 | Hewitt | AHMED HALIM V. THE UNITED STATES [12-5C] | 28 U.S.C. § 1500; Declaratory and Injunctive Relief; RCFC 12(b)(1) |
| 09/21/2012 | Braden | PEGGY S. JOHNSON V. THE UNITED STATES [12-18C] | Equal Access To Justice Act, 28 U.S.C. § 2412; Motion to Dismiss, RCFC 12(b)(1); Motion to Dismiss, RCFC 12(b)(6); Settlement Agreement; Tucker Act Jurisdiction, 28 U.S.C. § 1491; 29 C.F.R. § 1614.407(c) (Title VII civil actions); 29 C.F.R. § 1614.504(a), |
| 09/20/2012 | Sweeney | JONATHAN L. HAAS V. THE UNITED STATES [12-51T] | RCFC 12(b)(1); Motion to Dismiss; 26 U.S.C. § 6511(d)(8); 26 U.S.C. § 7422; Equitable Estoppel; Equitable Recoupment; Equitable Tolling; Mitigation of Limitations; Fifth Amendment Due Process Clause |
| 09/19/2012 | Allegra | LUBLIN CORPORATION, t/a CENTURY 21 ADVANTAGE GOLD V. THE UNITED STATES [07-206C] | Government contract; Trial; Alleged breach of confidentiality agreement; Authority to contract; Breach; Use of circumstantial evidence to demonstrate breach |
| 09/19/2012 | Wheeler | POTOMAC ELECTRIC POWER COMPANY AND SUBSIDIARIES V. THE UNITED STATES [12-19T & 12-23T] | Motion for Protective Order; Federal Rule of Evidence 502; Attorney-Client Privilege; Work Product Privilege; Waiver of Privilege; Clawback Arrangements. |
| 09/17/2012 | Wheeler | STARR INTERNATIONAL COMPANY, INC. V. THE UNITED STATES [11-779C] | Motion for Reconsideration; Standing; Judicial Notice; Illegal Exaction; Federal Reserve Act, 12 U.S.C. § 343 et seq. (2006). |
| 09/13/2012 | Allegra | ELIZABETH SHAPIRO V. SECRETARY OF HEALTH AND HUMAN SERVICES [99-552V] | Vaccine case; Petition for review; Hepatitis-B vaccination; Standard of review; Hypothyroidism; Althen; Failure to establish causation; Failure to establish proximate temporal relationship between vaccine and autoimmune thyroid disease |
| 09/13/2012 | Lettow | SIKORSKY AIRCRAFT CORPORATION V. UNITED STATES [09-844C & 10-741C] | Dispute over applicability of the deliberative process privilege; pre-decisional and deliberative records; intertwining of factual and nonfactual material; timeliness of assertion of the privilege |
| 09/10/2012 | Firestone | GORDON BUSH, et al. V. THE UNITED STATES [10-661T] | Scar v. Comm’r, 814 F.2d 1363 (9th Cir. 1987); RCFC 12(b)(6); failure to state a claim upon which relief can be granted; notice of computational adjustment |
| 09/07/2012 | Wheeler | BPLW ARCHITECTS & ENGINEERS, INC. V. THE UNITED STATES [09-672C] | Air Force and Army Corps of Engineers Dormitory Construction Project; Government Breach of Contract Claim; Architect’s Negligent Subsurface Piping and Civil Site Grading Designs; Failure to Prove Causation and Reasonableness of Damages Claims |
| 09/07/2012 | Firestone | DANIEL E. CAMERON V. THE UNITED STATES [10-696C] | Military Pay Act; whether Army failed to follow its own directives and regulations is a justiciable issue; an agency’s construction of its own regulations is entitled to deference; Army Regulation 135-18 |
| 09/06/2012 | Hewitt | MARK G. ABBEY, ET AL., V. THE UNITED STATES [07-272C] | ORDER FOR JUDGMENT |
| 09/04/2012 | Horn | CHARLES V. FARNSWORTH V. UNITED STATES [12-259C] | Pro Se Plaintiff; In Forma Pauperis Application; 28 U.S.C. § 1915; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations |
| 08/30/2012 | Sweeney | ATKINS NORTH AMERICA, INC. V. THE UNITED STATES [09-112C] | Cross-Motions for Summary Judgment; Validity of Contracting Officer’s Decision; Independent Judgment; Timing and Conclusory Nature of Contracting Officer’s Declaration |
