USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-66 • HICKMAN v. USA

Filed 08/04/2015
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and denying [11] Motion for Recusal. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: Tucker Act; 28 U.S.C. § 1491; Subject Matter Jurisdiction; RCFC 12(b)(1); Veterans Benefits; Motion for Recusal; 28 U.S.C. § 455(a).

07-738 • WHITE BUFFALO CONSTRUCTION, INC. v. USA

Filed 08/03/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion; Construction Contract for Road Repairs in National Forest; Default Termination Converted to Termination for Convenience of the Government; Correction of Damages Following Remand.

15-588 • GUAM INDUSTRIAL SERVICES, INC. v. USA

Filed 08/03/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA),5 U.S.C. § 706;Bid Protest, 28 U.S.C. §1491;Competition In Contracting Act (CICA),31 U.S.C. § 3551(2)(A);Federal Acquisition Regulations (FAR),1.102 (Guiding Principles),1.102-2 (Performance Standards),1.602-2 (Responsibilities),3.101-1 (Safeguards);Federal Acquisition Streamlining Act (FASA),41 U.S.C. § 4106(f)(1);Preliminary Injunction, RCFC 65(a)(1).

99-961 • WHITE BUFFALO v. USA

Filed 08/03/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

13-546 • FRANKEL v. USA

Filed 07/31/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: FTC Robocall Challenge Contest; Disappointed Entrant; Breach of Contract Claim; Standard of Review; Effect of Exculpatory Clauses in Contest Rules; Summary Judgment.

15-334 • BARNES v. USA

Filed 07/30/2015
REPORTED OPINION and ORDER dismissing the case with prejudice, for lack of subject matter jurisdiction (Rule 12(b)(1)), failure to state a claim upon which relief may be granted pursuant to (Rule 12(b)(6)), and for failure to prosecute pursuant to (Rule 41(b)). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: DEA Seizure of Funds During Arrest for Marijuana Possession; Funds Not Taken for Public Use; Alleged Due Process Violations; Lack of Subject Matter Jurisdiction; Failure to State a Claim on Which Relief May be Granted; Dismissal for Failure to Prosecute.

13-227 • JONES et al v. USA

Filed 07/30/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Exhaustion of Administrative Remedies; Issue Preclusion; 1868 Ute Treaty; "Bad Men" Provision.

15-694 • VEASEY v. USA

Filed 07/30/2015
REPORTED Order dismissing plaintiff's complaint for lack of jurisdiction. 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 Jurisdiction; Injunctive Relief.

14-924 • PRAKHIN v. USA

Filed 07/29/2015
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1); ( Status Report due by 8/31/2015). Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction;Motion to Dismiss,RCFC 12(b)(1);Statute of Limitations,28 U.S.C. § 2501;Takings Clause,U.S. Const. amend. V.

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

Filed 07/29/2015
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER Status Conference set for 9/14/2015 02:00 PM in Chambers (Telephonic) before Judge Susan G. Braden.. Signed by Judge Susan G. Braden. (Attachments: # (1) Appendix)

Keywords: re: Claim Construction;Corresponding Structure;Function;Extrinsic Evidence;Indefiniteness;Intrinsic Evidence;Patent and Copyright Cases,28 U.S.C. § 1498(a);Patents, 35 U.S.C. § 1 et seq.,35 U.S.C. § 100 (Definitions),35 U.S.C. § 112, 12, 6(Specification),35 U.S.C. § 271 (Infringement ofpatent),35 U.S.C. § 281 (Remedy forinfringement of patent),35 U.S.C. § 371 (National stage:Commencement);Person of Ordinary Skill in the Art.

12-431 • GOODEAGLE et al v. USA

Filed 07/28/2015
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [94] Cross Motion. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Claims; Breach of Fiduciary Duty; Individual Indian Money Accounts; Lost Profits; Statutory Interpretation; Partial Summary Judgment.

14-1174 • PRECISE SYSTEMS, INC. v. USA

Filed 07/28/2015
REPORTED OPINION and ORDER reissuing for publication Sealed Opinion and Order, and granting [69] Consent Motion for redactions and amendment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion & Order---Bid Protest; Small Business Administration (SBA); Office of Hearings & Appeals (OHA); Service-Disabled Veteran Owned Small Business Concern (SDVO SBC); Eligibility; Status; Ownership Criteria; 15 U.S.C. § 632(q); 13 C.F.R. pt. 125; 13 C.F.R. §§ 125.9(d), 125.10; Decision After Remand to Agency

13-995 • JORDAN v. USA

Filed 07/27/2015
REPORTED OPINION, reflecting no redactions from the opinion and order previously entered under seal on July 17, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion; Claim under the Equal Pay Act, 29 U.S.C. § 206(d); motion for partial dismissal; statute of limitations set out in 29 U.S.C. § 255(a) not jurisdictional; motion for summary judgment; single-comparator case; defense based upon merit-based system and consideration of comparators prior salary

12-718 • WATERHOUSE v. USA

Filed 07/23/2015
REPORTED TRIAL OPINION Status Report due by 7/30/2015. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion 26 U.S.C. § 6672; Failure to Pay Tax; Responsible Person; Willful Conduct; Liability for Penalty

13-520 • GREINER et al v. USA

Filed 07/22/2015
REPORTED ORDER. Re-issuance of sealed opinion for publication. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Order--- Tax Refund; Merger; Earn-out Right; Earn-out Payments; I.R.C. § 83; Closed Transaction; Burnet v. Logan; Open Transaction; I.R.C. § 446(e); Treas. Reg. § 1.446-1(e); Method of Accounting; I.R.C. § 481

11-492 • MERIDIAN ENGINEERING COMPANY v. USA

Filed 07/22/2015
REPORTED ORDER. Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)

Keywords: re: Breach of Contract; Cardinal Change;Contract Disputes Act, 41 U.S.C. §§ 601613;Duty of Good Faith and Fair Dealing;Federal Acquisition Regulations:31.205-33 (Professional and Consultant Service Costs);52.211-10 (Commencement, Prosecution, and Completion of Work);52.233-1 (Disputes);52.236-2 (Differing Site Conditions);52.242-14 (Suspension of Work);52.243-4 (Changes);52.248-3 (Value EngineeringConstruction).

11-804 • SUFI NETWORK SERVICES, INC. v. USA

Filed 07/21/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Non-Appropriated Fund Contract; Wunderlich Act Review; Finality of Board of Contract Appeals' Decision.

14-397 • JACKSON v. USA

Filed 07/21/2015
REPORTED OPINION denying Motion to Strike. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Motion to Strike; Summary Judgment; Credibility; Reliability; Genuine Issue of Material Fact; Rule 56(c).

14-513 • THALES VISIONIX INC. v. USA

Filed 07/20/2015
REPORTED OPINION granting Motion for Judgment on the Pleadings The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patent Infringement Claim; Helmet-Mounted Display System; F-35 Joint Strike Fighter Aircraft; Motion Tracking Technology; 35 U.S.C. § 101; Patent Eligibility Analysis.

12-641 • ENTERGY NUCLEAR PALISADES, LLC v. USA

Filed 07/17/2015
ORDER denying Motion for Reconsideration. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Reconsideration. Motion for Reconsideration; Entry of Partial Judgment; RCFC 59; RCFC 60; RCFC 54; Spent Nuclear Fuel; Breach of Contract; Agreed-upon Portion of Damages

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