USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1351 • MCCONNELL JONES LANIER & MURPHY, LLP v. USA

Filed 09/23/2016
REPORTED OPINION (Reissued for Public): Granting the Government's Cross-Motion for Judgment on the Administrative Record; Denying MJLM's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protests; 28 U.S.C. § 1491(b)(1); Judgment on the Administrative Record; Motion to Supplement the Administrative Record; Agencys Technical Evaluation; Cost Realism Analysis; FAR 15.305(a)(1); Best Value Determination.

16-671 • DELLEW CORPORATION v. USA

Filed 09/22/2016
REPORTED OPINION. Signed by Senior Judge Loren A. Smith. (mr) Copy to parties. (Main Document 41 replaced on 9/22/2016 to correct reissuance date.)

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

Filed 09/22/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Prior Art; 35 U.S.C. § 102; Priority Date; 35 U.S.C. § 120; Invalidity; Obviousness; 35 U.S.C. § 103; Graham Factors; Objective Indicia of Nonobviousness; Nexus Requirement; Commercial Success; Long-felt Need; Copying.

16-540 • TAT TECHNOLOGIES, LTD. v. USA

Filed 09/22/2016
REPORTED OPINION. Signed by Senior Judge Loren A. Smith.

16-76 • MARCHENA v. USA

Filed 09/21/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Cross Motion to Amend Complaint. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Breach of Contract; Actual Authority of Government Agents; Motion to Dismiss; Rule 15(a)(2) Motion to Amend.

03-2625 • ENTERGY GULF STATES, INC. v. USA

Filed 09/21/2016
REPORTED OPINION. The Clerk is directed to enter partial judgment. Supplemental briefing due by 9/30/2016. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Cask Loading Costs. (TF3)

13-446 • AUSTIN et al v. USA

Filed 09/19/2016
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [65] Cross Motion; denying [68] Motion for Reconsideration. Signed by Judge Elaine D. Kaplan.

Keywords: re: 5 U.S.C. § 7453; 5 U.S.C. § 6103; Holiday Pay; Summary Judgment; E.O. 11,582; In Lieu Of Holiday; Part-Time Employees.

16-496 • NEW YORK AND PRESBYTERIAN HOSPITAL v. USA

Filed 09/19/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Federal Insurance Contributions Act (FICA); Employer Indemnification; 26 U.S.C. § 3102(b)

15-1167 • DEKATRON CORPORATION v. USA

Filed 09/16/2016
REPORTED OPINION (Answer due by 11/1/2016) denying Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7104; Bad Faith; Exercise of Option Year.

10-359 • GANN v. USA

Filed 09/16/2016
REPORTED OPINION. Joint Status Report due by 10/6/2016. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Employee withholding; Trust fund taxes; 26 U.S.C. § 6672; Failure to pay over; Willfulness; Reckless disregard of an obvious and known risk of nonpayment.

15-1411 • MUNNS et al v. USA

Filed 09/15/2016
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: Transfer Case; Rule to Show Cause; RCFC 41(b) re: Reported Opinion.

13-1011 • ESTES v. USA

Filed 09/15/2016
REPORTED OPINION denying MOTION to Compel the Production of Certain Documents Improperly Withheld or Redacted by Defendant Under Claims of Privilege filed by RON ESTES. Status Report due by 9/30/2016. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Compel, Reported Opinion, Attorney-Client Privilege, Work-Product Privilege, Deliberative Process Privilege.

15-1570 • OMRAN HOLDING GROUP v. USA

Filed 09/14/2016
REPORTED OPINION (public version of sealed Opinion issued August 18, 2016). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Pre-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; RCFC 12(b)(1); Substantial Chance Test.

16-1 • ALPINE PCS, INC. v. USA

Filed 09/14/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claimed breach of agreements with the FCC related to spectrum licenses purchased at auction by plaintiff; displacement of jurisdiction founded on the Tucker Act by the remedial scheme provided by federal communication laws; application of United States v. Bormes; takings claim precluded by the pertinent statute of limitations, 28 U.S.C. § 2501 (EK)

15-719 • TENDER YEARS LEARNING CORPORATION v. USA

Filed 09/12/2016
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b); denying as moot [38] Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [23] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Bid and Proposal Preparation Costs; Implied-In-Fact Contract; Rule 15(a)(2) Motion to Amend; Motion to Bifurcate; Motion to Dismiss; Mootness; Damages. (gb) (Entered: 09/12/2016)

12-431 • GOODEAGLE et al v. USA

Filed 09/12/2016
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [155] Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Trust Obligations; Partial Summary Judgment; Law of the Case; Binding Effect of Government-Sponsored Accounting Reports; Establishing Government Duties to Tribes; Congressional Reference; Statute of Limitations in Tribal Claims; Res Judicata. (ad) (Entered: 09/12/2016)

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 09/12/2016
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [161] Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Trust Obligations; Partial Summary Judgment; Law of the Case; Binding Effect of Government-Sponsored Accounting Reports; Establishing Government Duties to Tribes; Congressional Reference; Statute of Limitations in Tribal Claims; Res Judicata. (ad) (Entered: 09/12/2016)

15-1438 • JEUN v. USA

Filed 09/08/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Veteran Disability Benefits; Physical Disability Board of Review; Veterans Affairs Disability Rating; Statute of Limitations

14-9 • REAVES v. USA

Filed 09/08/2016
REPORTED OPINION granting in part Motion for Judgment on the Administrative Record. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Military Pay; Involuntary Separation For Failing Armys Weight Control Program; Premature Separation; 10 U.S.C. § 1145; Army Regulations 600-9 and 40-501; Army Board for Correction of Military Records; Remand. (TF3)

15-364 • INSPACE 21 LLC v. USA

Filed 09/07/2016
REPORTED OPINION. Signed by Judge Victor J. Wolski.

Post-award bid protest; U.S. Air Force; launch and test ranges; laches; labor hour reductions; potential increased workload; potential labor unrest; consideration of minority evaluation opinions; Technical Risk factor; cursory source selection decision; no material change in requirements; satisfactory explanation articulated; solicitation provisions followed; SSAs reliance on others analyses, 48 C.F.R. § 15.308. Keywords: re: Reported Opinion

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