USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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1:14-cv-00502 • ROTECH HEALTHCARE INC. v. USA

Filed 09/19/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: Nonmanufacturer Rule, 15 U.S.C. § 637(a)(17), Bid protest, Injunctive relief, NAICS code determination

1:12-cv-00062 • TIGERSWAN, INC v. USA

Filed 09/18/2014
REPORTED OPINION denying Motion for Summary Judgment; denying [62] Cross-Motion for Summary Judgment. Status Report due by 10/10/2014. Signed by Judge Nancy B. Firestone. (sr) Copy to parties. Modified on 9/18/2014--corrected pdf

Keywords: re: Motion for Summary Judgment; Termination for Convenience; Abdication of Contracting Officers Authority; Disputed Issues of Material Fact

1:13-cv-00519 • DIMARE FRESH, INC., et al v. USA

Filed 09/18/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. No Plausible Claims for Regulatory Takings Arising from Warnings to Consumers of a Possible Link between Tomatoes and Salmonella Outbreak. (TQ)

1:11-cv-00783 • ADAMS v. USA

Filed 09/17/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Military Pay; Motion for Judgment on the Administrative Record; 10 U.S.C. § 1201; 10 U.S.C. § 1216a; Department of Veterans Affairs Schedule for Rating Disabilities (VASRD); 38 C.F.R. Part 4; 38 C.F.R. § 4.124a.Keywords: re: Reported Opinion

1:13-cv-00194 • COMPLIANCE SOLUTIONS OCCUPATIONAL TRAINERS, INC. v. USA

Filed 09/16/2014
OPINION(Redacted) re:Sealed Opinion of Dismissal. Signed by Judge Francis M. Allegra.

Keywords: Contract; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Unsigned contract; Cooperative agreement; Detrimental reliance.

1:11-cv-00482 • TPL, INCORPORATED v. USA

Filed 09/16/2014
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Jurisdiction; Contract Disputes Act; 41 U.S.C. §§ 71017109; Summary Judgment; RCFC 56; Breach of Contract; Impossibility; Impracticability; Mutual Mistake; Unconscionability; Mitigation of Damages; Failure to Raise Defense with Contracting Officer.

1:08-cv-00700 • DOBYNS v. USA

Filed 09/16/2014
OPINION(redacted) re:Sealed Opinion. Signed by Judge Francis M. Allegra.

Keywords: Trial; Settlement agreement; No breach of contract; Contract interpretation; Incorporation of ATF Orders; Covenant of good faith and fair dealing; Parameters; Metcalf covenant may be breached even if there is no breach of the underlying contract; Withdrawal of backstopping; Inadequate responses to threats; Damages; Recovery for emotional distress, as well as pain and suffering; Restatement (Second) § 353; Counterclaim; No breach of employment contract in publishing and promoting book; Snepp; Waiver.

1:14-cv-00280 • KVICHAK MARINE INDUSTRIES, INC. v. USA

Filed 09/15/2014
REPORTED REDACTED VERSION OF OPINION FILED UNDER SEAL on August 20, 2014. Signed by Senior Judge James F. Merow.

Keywords re: REDACTED OPINION: Bid Protest; Motions for Judgment on the Administrative Record; Patent Ambiguity; Technical Evaluation; Best Value.

1:13-cv-00581 • AGUILAR et al v. USA

Filed 09/12/2014
REPORTED ORDER denying Motion for Judgment on the Administrative Record; denying [25] Cross Motion; remanding to ICE; staying case.(Evidence due to ICE by 11/12/14; ICE decision by 1/12/15; Status Report due by 1/26/2015). Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion, Reported Order: immigration bond; 8 C.F.R. 103.6(c)(3); bond breach; substantial performance; remand

1:08-cv-00357 • VERBECK v. USA

Filed 09/11/2014
REPORTED OPINION. Plaintiff's motion for judgment on the administrative record is GRANTED IN PART and DENIED IN PART. The defendant's cross-motion on the administrative record is DENIED IN PART and GRANTED IN PART. Plaintiff's termination by the PHS Commissioned Corps is set aside and her separation on June 1, 2002 is invalidated. She shall be reinstated to duty at the appropriate rank. Taking into account back pay and allowances and appropriate setoffs, plaintiff is awarded $128,773.64, computed through December 31, 2013. The PHS Commissioned Corps shall also provide the plaintiff with commensurate back pay and allowances, consistent with this decision, for the period beginning January 1, 2014 and extending to the date the plaintiff is reinstated to duty. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Wrongful termination claim by former Lieutenant Commander in the Public Health Service Commissioned Corps; termination set aside; determination of back pay and allowances due; 37 U.S.C. § 204; reinstatement; final judgment.

1:11-cv-00745 • TRUST TITLE COMPANY v. USA

Filed 09/10/2014
REPORTED OPINION. The court finds that Trust Title was properly terminated for default, but the government is not entitled to excess reprocurement costs. The government is awarded $14,007.65 in liquidated damages for late wire transfers during Trust Title's period of performance. Judgment shall be entered for the government on Trust Title's claim and for the government on part of its counterclaim. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Post-trial decision in contract case; termination for default; reprocurement; liquidated damages

1:14-cv-00429 • BANNUM, INC. v. USA

Filed 09/10/2014
REPORTED OPINION and Order. The Sealed Opinion and Order, filed August 15, 2014, is reissued, as no redactions were proposed by the parties. Signed by Judge Lynn J. Bush.

Keywords: re: Reported Opinion and Order. Pre-Award Bid Protest; Supplementation of the Administrative Record Not Appropriate; Rational Rejection of Protestor's Bid for Failure to Provide Valid Proof of Zoning; No Evidence of Disparate Treatment of Offerors.

1:14-cv-00233 • ARKRAY USA, INC. v. USA

Filed 09/09/2014
REPORTED OPINION: Plaintiff's motion for judgment on the administrative record and for an injunction is GRANTED. Defendant's and Defendant-Intervenor's cross-motions are DENIED. (Opinion originally filed under seal on 8.27.2014) Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; Federal Supply Schedule; FAR 8.4053; Blanket Purchase Agreement; Necessity to hold FSS contract; Balance of Equities Weighs in Favor of Injunction.

1:09-cv-00796 • MATA v. USA

Filed 09/03/2014
REPORTED ORDER transferring this case to the United States District Court for the Western District of Texas upon finding that the court lacks jurisdiction over plaintiff's only surviving breach of contract claim. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Motion to Dismiss, RCFC 12(b)(1); Subject Matter Jurisdiction; Settlement Agreement Pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e; Cunningham v. United States, 748 F.3d 1172 (Fed. Cir. 2014); Holmes v. United States, 657 F.3d 1303 (2011); Law-of-the-Case Doctrine; 28 U.S.C. § 1631

1:13-cv-00567 • NEW HAMPSHIRE FLIGHT PROCUREMENT, LLC, v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

1:11-cv-00236 • DEMODULATION, INC. v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion for Partial Summary Judgment; granting in part and denying in part [56] Motion to Dismiss - Rule 12(b)(1).The Government shall file an answer by 9/12/2014. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patent Infringement Case; RCFC 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 56(a) Motion for Summary Judgment.

1:14-cv-00020 • GUARDIAN ANGELS MEDICAL SERVICE DOGS, INC., v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contracts Disputes Act, 41 U.S.C. § 7104 (b); Government Claim; Failure to Appeal Default Termination Within 12 months.

1:14-cv-00193 • HICKS v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (hw1) Copy to parties.

Keywords: re: Pro Se; Rule(b)(1); Lack of Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Tort Claims; Punitive Damages; Informant Reward; Criminal penalties; Impeachment; Fifth & Sixth Amendments; takings: Frivolusness, 28 U.S.C. ss 1915; Interest; Attorneys' Fees; Travel Expenses; Costs

1:13-cv-00599 • THRESHOLD TECHNOLOGIES, INC. v. USA

Filed 08/29/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss. Signed by Judge Marian Blank Horn.

1:13-cv-00057 • ENSIGN-BICKFORD AEROSPACE & DEFENSE CO v. USA

Filed 08/28/2014
REPORTED OPINION AND ORDER DENYING MOTION TO DISMISS. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion : 28 U.S.C. 1498; RCFC 12(b)(1); 28 U.S.C. 1500; Claim Against the United States or Its Proxy; Pending in Another Court; Cause of Action Alleged; Patent Infringement

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