USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-226 • HAYNES v. USA

Filed 07/06/2015
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; Motion To Dismiss, RCFC 12(b)(1); Pro se.

14-8 • WIDTFELDT v. USA

Filed 07/02/2015
REPORTED OPINION and ORDER granting Motion to Dismiss for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff: Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); 26 U.S.C. § 6511; 26 U.S.C. § 7422(a); 26 U.S.C. § 7482(a)(1); Frivolous Complaint Filed by Suspended Attorney; History of Abuse of Court System; Costs to Defendant.

12-484 • FASTSHIP, LLC v. USA

Filed 07/02/2015
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on June 26, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; manufactured for purposes of alleged infringement under 28 U.S.C. § 1498(a); partial summary judgment.

10-303 • THOMAS v. USA

Filed 06/30/2015
REPORTED OPINION Defendant's Motion for Summary Judgment is granted. Plaintiff's Motion for Summary Judgment is dismissed. Plaintiff's Amended Complaint is dismissed. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Summary Judgment; Army Corps of Engineers; Civilian Pay; Living Quarters Allowance; Overseas Differentials and Allowances Act, 5 U.S.C. § 5921 et seq.

15-254 • WIT ASSOCIATES, INC. v. USA

Filed 06/30/2015
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Tucker Act; 28 U.S.C. § 1491(b); Subject Matter Jurisdiction; RCFC 12(b)(1); Standing; FAR 52.212-1(c); Expired Offer; Waiver; Period for Acceptance; Revived Offer

13-515 • WHR GROUP, INC. v. USA

Filed 06/29/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Claim for Attorney's Fees and Expenses Under the Equal Access to Justice Act; Injunctive Relief Granted; Irrational Corrective Action; Whether Defendant's Position was Substantially Justified.

14-817 • NORTHERN CALIFORNIA POWER AGENCY et al v. USA

Filed 06/29/2015
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and Rule 12(b)(6). Answer due by 7/13/2015. Signed by Judge Thomas C. Wheeler. (se) Copy to parties. Modified on 6/30/2015 to add deadline

Keywords: re: Order on Motion to Dismiss; Rule 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Rule 12(b)(6) Motion to Dismiss; Failure to State a Claim Upon Which Relief Can Be Granted; Illegal Exaction Claim; Section 3407(d), Central Valley Project Improvement Act.

14-1019 • ALLENSWORTH et al v. USA

Filed 06/26/2015
REPORTED OPINION denying Cross Motion; granting in part and denying in part [6] Motion for Summary Judgment. Answer due by 7/10/2015. Signed by Judge Thomas C. Wheeler. (jf) Copy to parties. Modified on 6/29/2015 to add deadline

Keywords: re: Claims for Overtime and Sunday Premium Pay; Bureau of Prisons Correctional Officers; Arbitration Settlement; Res Judicata Effect.

15-570 • BULLOCK v. USA

Filed 06/22/2015
REPORTED OPINION: Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (ar) Copy to parties. (jt1). Modified on 6/23/2015 - OCR (jt1).

Keywords: re: Reported Opinion; Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.

13-619 • ENTERGY NUCLEAR INDIAN POINT 2, LLC v. USA

Filed 06/18/2015
REPORTED OPINION denying Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re:Spent Nuclear Fuel Case; Claim for Recovery of NRC Fees; Motion for Partial Summary Judgment; Collateral Estoppel; Effect of Federal Circuit's Boston Edison and Consolidated Edison Decisions; Material Fact Issues to be Resolved at Trial.

13-247 • PALAFOX STREET ASSOCIATES, L.P. v. USA

Filed 06/18/2015
REPORTED OPINION and ORDER Granting-in-Part and Denying-in-Part Defendant's Motion to Dismiss, ECF No. 7. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion - Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Election Doctrine; 41 U.S.C. § 7107(d); 41 U.S.C. § 7103(e); 48 C.F.R. 33.211(a)(4)(v)

14-37 • CAQUELIN et al v. USA

Filed 06/17/2015
REPORTED OPINION AND ORDER granting Plaintiffs' Motion for Summary Judgment and denying [18] Defendant's Cross-Motion for Summary Judgment. Joint Status Report due by 7/16/2015. Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails takings case; liability for a taking arising upon issuance of a NITU by the STB

11-779 • STARR INTERNATIONAL COMPANY, INC v. USA

Filed 06/15/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion; Government's Financial Rescue and Takeover of American International Group (AIG); Fifth Amendment Taking and Illegal Exaction Claims; Shareholder Class Action; Demand for Corporate Equity and Voting Control as Consideration for Loan; Section 13(3), Federal Reserve Act; Effect of AIG Board's Approval of Terms; Damages; Economic Loss Analysis.

15-440 • BANNUM, INC. v. USA

Filed 06/15/2015
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney.

Keywords re: Reported Opinion: Preliminary Injunction; Judgment on the Administrative Record; Competition in Contracting Act, 31 U.S.C. § 3553(d)(3); Bid Protest; Solicitation; Override; Stay; Residential Re-Entry Services.

15-543 • BABER v. USA

Filed 06/12/2015
REPORTED ORDER dismissing plaintiff's complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdicition.

14-691 • PISZEL v. USA

Filed 06/12/2015
REPORTED OPINION granting Defendant's Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Opinion Granting Defendant's Motion to Dismiss, Reported Opinion: Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Fifth Amendment Takings; Illegal Exaction

15-420 • PERNIX GROUP, INC. v. USA

Filed 06/10/2015
REPORTED OPINION (public version of sealed Opinion issued 5/29/2015). Signed by Judge Lynn J. Bush.

Keywords: re: [37]: Bid Protest; Justiciability; Protest Is Not Ripe Where the Agency Has Yet to Take a Final Action Adverse to the Protestor.

11-445 • TEKTEL, INCORPORATED v. USA

Filed 06/09/2015
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Tucker Act, 28 U.S.C. § 1491(a); Contract Dispute; Wunderlich Act, 41 U.S.C §§ 321-22; Savings Clause; Public Contracts Act, Pub. L. No. 111-350 § 7(b); Termination for Convenience Damages. (TF3)

12-774 • XP VEHICLES, INC., et al. v. USA

Filed 06/05/2015
OPINION and ORDER granting defendant's motion to dismiss. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Loan Program; Loan Guarantee Program; Implied-in-Fact Contract; Duty of Good Faith and Fair Dealing; Implied Duty to Fairly Consider; Oral Assurances; Promissory Estoppel; Equitable Estoppel.

15-215 • PER AARSLEFF A/S v. USA

Filed 06/05/2015
Published Opinion and Order previously filed under seal on May 28, 2015, reflecting redactions of confidential or proprietary information. Signed by Judge Charles F. Lettow.

Keywords: re: Consolidated post-award bid protests; limitation on competition due to international agreement; 10 U.S.C. § 2304(c); FAR § 6.302.4; inapplicability of bar on jurisdiction over actions based on treaty; 28 U.S.C. § 1502; mistake in a critical eligibility criterion; latent defect discovered by procuring agency prior to award but not corrected; considerations affecting equitable relief

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