USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-546 • CROOKER v. USA

Filed 12/18/2014
REPORTED OPINION granting in part and denying in part Cross Motion; granting in part and denying in part [7] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: and [7] Unjust Conviction and Imprisonment; 28 U.S.C. § 1495; 28 U.S.C. § 2513; Damages; Sentencing Credit; 18 U.S.C. § 3585; Pre-Trial Detention

10-318 • SALTER v. USA

Filed 12/18/2014
REPORTED OPINION granting Motion for Summary Judgment; denying [25] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion to Strike, Reported Opinion. Alleged breach of fiduciary duties; Bureau of Prisons; inmate trust fund account; Inmate Financial Responsibility Program, 28 C.F.R. § 545.11(d); payment of court-ordered fine; coercion or duress; unlawful or improper conduct standard; summary judgment for the government, RCFC 56.

13-779 • DEMONS et al v. USA

Filed 12/16/2014
REPORTED ORDER. Docketed for administrative purposes only. Signed by Judge Susan G. Braden.

14-575 • ALLEN v. USA

Filed 12/15/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Plea Agreement.

12-303 • HITKANSUT LLC et al v. USA

Filed 12/12/2014
REPORTED OPINION and ORDER reflecting no redactions from prior version issued under seal on December 5, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion. Patent case; U.S. Patent No. 7,175,722 entitled "Methods and Apparatus for Stress Relief Using Multiple Energy Sources"; enablement challenge; 35 U.S.C. § 112, Paragraph 1 (2006); Wands factors; dependent claim that does not state a further limitation on the independent claim upon which it depends; 35 U.S.C. § 112, Paragraph 4 (2006).

04-1544 • ELLAMAE PHILLIPS COMPANY v. USA

Filed 12/09/2014
REPORTED OPINION denying Defendant's Motion for Summary Judgment; granting [190] Plaintiff's Cross Motion. (Status Report due by 12/23/2014). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion, Takings; Rails-to-Trails; Abandonment of Easement; Calculation of Damages.

14-382 • CEARLEY v. USA

Filed 12/08/2014
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Jurisdictional Requirements for a Tax Refund Suit; Failure to State a Claim Upon Which Relief Can Be Granted; Lack of Subject Matter Jurisdiction; Money-Mandating Source; Prison Litigation Reform Act.

14-822 • BANNUM, INC. v. USA

Filed 12/05/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

13-864 • BANKS v. USA

Filed 12/05/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Action for Improper Military Discharge; Jurisdiction Under Military Pay Act; Voluntary Separation; Failure to State a Claim on Which Relief Can Be Granted.

14-307 • SAVANTAGE FINANCIAL SERVICES, INC v. USA

Filed 11/26/2014
REPORTED OPINION (reissuing Opinion and Order for publication). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion: Bid Protest; Motion to Vacate; Motion for Leave to File an Amended Complaint; Foman v. Davis; Futility; Ripeness

14-301 • FIRSTLINE TRANSPORTATION SECURITY, INC. v. USA

Filed 11/25/2014
REPORTED OPINION Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-Award Bid Protest; TSA Procurement for Airport Security Services; Challenges to Agency's Evaluation After Remand; Analysis of Disparate Offerors With Identical Non-Price Ratings; Degree of Agency Discretion in Best Value Procurements.

14-864 • IBM CORPORATION v. USA

Filed 11/25/2014
REPORTED ORDER AND OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

14-864 • IBM CORPORATION v. USA

Filed 11/25/2014
REPORTED ORDER & OPINION [Redacted] denying Motion for Preliminary Injunction; denying [28] Motion to Complete and Supplement the Administrative Record and for Leave to Take Related Discovery. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

11-723 • KLINGENSCHMITT v. USA

Filed 11/24/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1); denying [12] Motion to Dismiss - Rule 12(b)(6); granting [12] Motion for Judgment on the Administrative Record; and denying [18] Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (cr) Copy to parties. (Main Document 51 replaced on 11/24/2014) (dw1).

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Military Pay Act; 37 U.S.C. § 204; Military Whistleblower Protection Act; 10 U.S.C. § 1034; First Amendment; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)6); RCFC 52.1; Board of Corrections of Naval Records; Special Courts-Martial Conviction; Navy Chaplain; Religious Discrimination; Waiver of Claims

14-376 • PIONEER RESERVE, LLC v. USA

Filed 11/21/2014
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [12] Motion for Extension of Time to Answer,Answer due by 12/19/2014. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Clean Water Act; mitigation bank; contract; regulatory function; subject matter jurisdiction

11-374 • ROMANOFF EQUITIES, INC. v. USA

Filed 11/20/2014
REPORTED OPINION (Reissuance of Opinion filed under seal on October 20, 2014, for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Summary Judgment; Rails to Trails; Scope of Easement; Abandonment; New York Law

13-969 • SRA INTERNATIONAL, INC. v. USA

Filed 11/19/2014
Order Dismissing Case. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (aw) Copy to parties. Modified on 11/19/2014--corrected docket text

14-307 • SAVANTAGE FINANCIAL SERVICES, INC v. USA

Filed 11/19/2014
REPORTED OPINION (reissuing Opinion and Order for publication). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion Bid Protest; Motion to Dismiss; Mootness; Corrective Action

14-84 • FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. et al v. USA

Filed 11/19/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Waiver of Sovereign Immunity; Privity of Contract; Equitable Subrogation; General Liability Insurer; Miller Act Surety

14-735 • LYNXNET, LLC v. USA

Filed 11/18/2014
REPORTED OPINION. Reissued public version of Sealed Memorandum Opinion and Final Order. Signed by Judge Susan G. Braden. (ct) Copy to parties. Modified on 11/18/2014--corrected docket text

Keywords: re: Bid Protest; Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3553 (Automatic Stay);Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 19.508(e) (Solicitation provisions and contract clauses), 52.219-14(c)(1) (Limitations on subcontracting);26 U.S.C. § 401K (Qualified pension, profit-sharing, and stock bonus plans);15 U.S.C. §§ 644(o) (Awards or Contracts); 13 C.F.R. §125.1 (g) (Programs included). (ct) Modified on 11/18/2014 (jb)--corrected docket text.

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