USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-447 • HARLEY-WHITE et al v. USA

Filed 12/09/2016
REPORTED OPINION granting Plaintiffs' Motion for Partial Summary Judgment on Liability; denying [41] Defendant's Cross-Motion for Summary Judgment on Liability. The parties are directed to submit a proposed schedule for trial preparatory steps in the damages phase of litigation on or before January 5, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Rails-to-Trails takings case; abandonment of rail use under Maine law; limited-use easements for railroad purposes (EK)

13-861 • ZAFER TAAHHUT INSAAT VE TICARET A.S. v. USA

Filed 12/09/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Contract Disputes Act; Request for Contracting Officer's Final Decision.

16-1006 • BEBERMAN v. USA

Filed 12/08/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [6] Motion to Stay; and denying [11] Motion to Strike. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 9935)

Keywords: re: Claim Under the Equal Pay Act of 1963, alleging gender-based discrimination; 29 U.S.C. § 206(d); previously-filed pending suit in Federal District Court and on appeal; application of 28 U.S.C. § 1500.

14-1225 • PROGRESSIVE INDUSTRIES, INC. v. USA

Filed 12/06/2016
REPORTED OPINION of ECF. No. 120, addressing MOTION to Redact [120] Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive],,,,,,, filed by USA. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Technical Proposal Evaluation; Source Selection Plan; Unequal Treatment; Injunctive Relief.

16-829 • LEVEL 3 COMMUNICATIONS, LLC v. USA

Filed 12/05/2016
REPORTED MEMORANDUM OPINION (Reissuance of November 30, 2016 Memorandum Opinion for publication.) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties. Modified on 12/8/2016 to edit docket text. (dls).REPORTED MEMORANDUM OPINION (Reissuance of November 30, 2016 Memorandum Opinion for publication.) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties. Modified on 12/8/2016 to edit docket text.

11-223 • AMERICAN INNOTEK, INC. v. USA

Filed 12/05/2016
REPORTED OPINION denying Motion to Alter Judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Motion to Alter or Amend a Judgment; RCFC 59(e); Timeliness; Grounds for Relief from a Final Judgment; RCFC 60(b); Obviousness; 35 U.S.C. § 103. (TF3)

16-1010 • KRUKOWSKI v. USA

Filed 12/02/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [12] Motion to Appoint Counsel. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [USPS tracking: 7011 0470 0002 5084 3723] (Main Document 15 replaced on 12/6/2016) (jt1).

Keywords: Rule 12(b)(l) Motion to Dismiss; Tort Claims; False Arrest Claim;Constitutional Claims; Proper Defendants; Claim Pending before another Court.

16-236 • TIBER CREEK CONSULTING, INC. v. USA

Filed 12/02/2016
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

16-1000 • CSC GOVERNMENT SOLUTIONS LLC v. USA

Filed 12/02/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on November 22, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest of an IT contract; cost-realism analysis; application of FAR § 52.222-46 to realism of proposed salaries with regard to program continuity, retention of professional employees, and uninterrupted high-quality work; consistency of the agency's cost-price and technical evaluations; past performance evaluation; discussions. (EK)

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 11/30/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden.

15-572 • DOYLE v. USA

Filed 11/30/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Fifth Amendment Takings, Breach of Contract, Ripe Claims, Statute of Limitations

13-307 • GOLDEN v. USA

Filed 11/30/2016
REPORTED MEMORANDUM OPINION and ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6).. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 9843)

Keywords: re: 28 U.S.C. § 1498(a) (Patent Infringement); 35 U.S.C. § 251 (Reissue); RCFC 12(b)(1) (Jurisdiction); RCFC 12(b)6) (Failure to State a Claim); RCFC 12(e) (More Definite Statement); RCFC 15(a)(2) (Amended Complaint, With Court's Leave); Manual of Patent Examining Procedure (9th ed. 2015).

16-817 • SALLYPORT GLOBAL HOLDINGS, INC v. USA

Filed 11/30/2016
REPORTED OPINION. Plaintiff's motion for judgment on the administrative record DENIED. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Bid Protest; Motion for Judgment on the Administrative Record; United States Army Corps of Engineers; Harmless Error; Mandatory Minimum Requirements.

16-826 • MINISTERIO ROCA SOLIDA, INC. v. USA

Filed 11/29/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 12/5/2016 - corrected pdf(jt1). Modified on 12/6/2016 - corrected pdf(jt1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Takings Clause; Due Process Clause; 28 U.S.C. § 1500; Subject Matter Jurisdiction.

15-915 • LION FARMS, LLC v. USA

Filed 11/29/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Loren A. Smith.

15-938 • CIAPESSONI et al v. USA

Filed 11/29/2016
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Loren A. Smith.

15-1574 • BOYAJIAN v. USA

Filed 11/29/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Loren A. Smith.

14-388 • HARDY et al v. USA

Filed 11/28/2016
REPORTED OPINION (Status Report due by 12/16/2016) granting in part and denying in part Motion for Reconsideration. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion: RCFC 59(a)(1); Motion for Reconsideration; Deed; Interpretation of Deeds Under Georgia Law; Easement; Scope of Easement; Fee Simple; Adverse Possession; Claim of Right; Color of Title.

16-1113 • VETERANS ELECTRIC, LLC v. USA

Filed 11/23/2016
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith.

15-587 • SUNOCO, INC. v. USA

Filed 11/22/2016
REPORTED OPINION granting Motion for Judgment on the Pleadings; denying [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Tax Incentives for Alcohol Fuel Blends; Alcohol Fuel Mixture Credit; 26 U.S.C. §§ 6426, 6427; 26 U.S.C. § 87; Excise Tax; Cost of Goods Sold; Highway Trust Fund.

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