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Keywords: re: Reported Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Preliminary Injunction; Contract Performance; Nuisance; Motion to Dismiss; Jurisdiction; Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act (CDA), 41 U.S.C. §§ 7103, 7104; Final Decision Required; Transfer; 28 U.S.C. § 1631.
Keywords: re: REPORTED OPINION on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion. Military pay case; Cross-motions for judgment on the administrative record; Jurisdiction military pay benefits; Standard of review; Bannum; Use of Abbreviated Medical Evaluation Board Report Processing was proper under the regulations; Disability evaluation; Substantial evidence supported BCNR decision; Navy did not act arbitrarily and capriciously in not providing for further disability screening; Constructive service remedy unavailable; Plaintiffs cross-motion denied; Defendant motion granted.
Keywords: re: Tax Refund Claim; Overpayment; RCFC 52; 26 U.S.C. § 6511(h); Rev. Proc. 99-21, 1991-1 C.B. 960; Financial Disability; Physical or Mental Impairment; Suspend Statute of Limitations; Adverse Credibility Finding; Unreliable Expert Testimony.
Keywords: re: Rails to trails case; class action; settlement; fairness of settlement; reasonable attorneys' fees to class counsel; application of RCFC 23(h); lodestar cross-check
Keywords: re: Pro Se Plaintiff; Military Pay; Motion for Judgment on the Administrative Record.
Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion RCFC 54(b); 28 U.S.C. § 2517; Partial Final Judgment
Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Government Claim; Deductive Credit; 48 C.F.R. § 2.101; Contracting Officers Final Decision; Failure to State a Claim Upon Which Relief Can Be Granted; Rule 8.
Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Motion to Supplement the Administrative Record, Reported Opinion. Military Pay; Jurisdiction for Monetary Claim Related to Promotion That Was AllegedlyDelayed Improperly; RCFC 12(b)(6); Remand Preferred to Supplementation of theAdministrative Record. (TQ)
Keywords: re: Reconsideration; Contract Disputes Act; 41 U.S.C. § 7104(b)(3); Government Claim; Tolling of Statute of Limitations by Request for Reconsideration.
Keywords: re: Motion to Dismiss, Cooperative Agreement
Keywords: re: Pro Se Plaintiffs; Motion for Partial Summary Judgment; Breach of Contract; Contract Interpretation.
Keywords: re:Competition in Contracting Act of 1984, 41 U.S.C. § 3301 et seq. (CICA) (2011);Federal Acquisition Regulations (FAR),§ 16.505(a)(4)(i) (Ordering);§ 33.101 (Definitions);Jurisdiction;Motion to Dismiss, Rule 12(b)(1), Rule 12(b)(6);United States Constitution, Art. III, § 2, cl. 1;28 U.S.C. § 171 (Appointment and number of judges; character of court; designation of chief judge).
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Crime Victims' Rights Act; Lack of Subject Matter Jurisdiction; Money-Mandating Source; Pardon or Certificate of Innocence Required to Hear Claims of Unjust Imprisonment.
Keywords: re: Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Reported Opinion. Implied-in-Fact Contract Claim; RCFC 12(c); RCFC 56(d). (TQ)
Keywords: re: Contract Disputes Act; Statute of Limitations; Transfer Statute (28 U.S.C. § 1631).
Keywords: re:American Recovery and Reinvestment Act, Section 1603; Open-Loop Biomass Facility; Reimbursement Grant; Eligible Cost Basis; I.R.C. Sections 45, 48.
Keywords: re: Order on Motion to Dismiss, Order on Motion to Amend/Correct, Reported Opinion, Claim under the Equal Pay Act, 29 U.S.C.§ 206(d); motion to dismiss pursuant to RCFC 12(c) and 12(h)(2)(B); sufficiencyof factual allegations for purposes of RCFC 8; motion to compel discoveryresponses.
Keywords: re: Motion to Dismiss, RCFC 12(b)(1);26 U.S.C. § 1346 (United States as defendant);26 U.S.C. § 6511 (Limitations on credit or refund);26 U.S.C. § 6532 (Statute of Limitations for tax refund claims);26 U.S.C. § 7422 (Jurisdictional prerequisites for tax refund claims);26 C.F.R. § 301.7502-1 (Timely mailing of documents and payments treated as timely filed and paying).
Keywords: re: Rule 83.1(a)(3); Corporation Must be Represented by Counsel; Contract Disputes Act; One Year Statute of Limitations.