USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-111 • NVE, INC. v. USA

Filed 05/27/2015
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Navy Procurement for NSA Bethesda and Walter Reed Janitorial and Custodial Services; Time for Challenging an Agency's Corrective Action Decision; Discretion in Performing Best Value Evaluation; Rational Basis Standard; Judgment on the Administrative Record.

14-687 • AVIATION & GENERAL INSURANCE COMPANY, LTD. et al v. USA

Filed 05/26/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler.

Keywords: re: Fifth Amendment Taking Claims; 1985 and 1988 Terrorist Hijackings Sponsored by Government of Libya; Effect of U.S. Claims Settlement Agreement With Libya; Rule 12(b)(6) Motion to Dismiss.

15-57 • GIBSON v. USA

Filed 05/26/2015
REPORTED OPINION and ORDER 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; Subject-Matter Jurisdiction; Pro Se Plaintiff; Claim for Declaratory and Injunctive Relief; Medicare Fraud Scheme.

14-703 • AUREUS ASSET MANAGERS, LTD. et al v. USA

Filed 05/26/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler. (jf) Copy to parties. (Main Document 26 replaced on 5/27/2015 to correct typo in pdf)

Keywords: re: Fifth Amendment Taking Claims; 1985 and 1988 Terrorist Hijackings Sponsored by Government of Libya; Effect of U.S. Claims Settlement Agreement With Libya; Rule 12(b)(6) Motion to Dismiss.

15-56 • GIBSON v. USA

Filed 05/26/2015
REPORTED OPINION and ORDER 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; Subject-Matter Jurisdiction; Pro Se Plaintiff; Claim for Declaratory and Injunctive Relief; Medicare Fraud Scheme.

14-1051 • MESA GRANDE BAND OF MISSION INDIANS v. USA

Filed 05/20/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); denying [7] Motion to Dismiss - Rule 12(b)(7). The government's motion to dismiss the complaint pursuant to RCFC 12(b)(1), RCFC 12(b)(6), or RCFC 19, is DENIED. The government shall file its answer to the Mesa Grande Band's complaint on or before June 12, 2015. Signed by Judge Charles F. Lettow. (gk) Modified on 5/20/2015 to correct pdf.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Dismiss - Rule 12(b)(7), Reported Opinion, Claim by an Indian band of a taking arising from interference with its right to an 80-acre tract of land; objective basis for awareness of accrual of claim; 28 U.S.C. § 2501; plausible allegations of entitlement to relief; RCFC 12(b)(6); joinder; RCFC 19

14-541 • JACINTOPORT INTERNATIONAL LLC v. USA

Filed 05/20/2015
REPORTED OPINION ( Status Report due by 6/19/2015) denying Motion for Judgment on the Pleadings; granting in part and denying in part [14] Cross Motion. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Judgment on the Pleadings, Order on Cross Motion [Dispositive], Reported Opinion:Contract Disputes Act (CDA), 41 U.S.C. § 7104; Motion for Judgment on the Pleadings, RCFC 12(c); Motion for Summary Judgment, RCFC 56; Contract Interpretation; Patent Ambiguity; Latent Ambiguity; Extrinsic Evidence.

14-899 • HSH NORDBANK AG v. USA

Filed 05/19/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Susan G. Braden. (Attachments: # (1) Appendix Court Appendix)

Keywords: re: Assignment of Claims Act,31 U.S.C. § 3727;Breach of Contract;Debt Collection Improvement Act,31 U.S.C. § 3701;Equal Access to Justice Act,28 U.S.C. § 2412;Implied Duty of Good Faith and Fair Dealing;Motion to Dismiss,RCFC 12(b)(1),RCFC 12(b)(6);Summary Judgment,RCFC 56(c).

14-807 • OLD VETERAN CONSTRUCTION, INC. v. USA

Filed 05/19/2015
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Summary Judgment; Type I Differing Site Conditions.

95-39 • ANCHOR SAVINGS BANK v. USA

Filed 05/18/2015
REPORTED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re REPORTED OPINION: Winstar; Breach of Contract; RCFC 12(b)(1); Standing; Successor in Interest; Assignment of Claims Act; Mitigation Costs; Tax Gross-Up

11-129 • H. J. LYNESS CONSTRUCTION, INC. v. USA

Filed 05/15/2015
REPORTED OPINION granting Cross Motion The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich. (mch) Copy to parties.

Keywords: re: Cross-Motions For Summary Judgment On Damages

14-496 • MANSOOR INTERNATIONAL DEVELOPMENT SERVICES, INC. v. USA

Filed 05/11/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). The parties shall proceed with discovery and other pretrial preparatory steps in accord with the scheduling order issued on April 6, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Contractual dispute over trucking services in Afghanistan; motion to dismiss count of the complaint alleging breach of the implied covenant of good faith and fair dealing

12-488 • MEYER GROUP, LTD. v. USA

Filed 05/11/2015
REPORTED ORDER AMENDING APRIL 30, 2015 OPINION AND ORDER. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Amendment of Opinion

14-723 • UNIQUE BUILDERS CONSTRUCTION CO. v. USA

Filed 05/11/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; Supplementation of the Record; United States Agency for International Development Mission Order 201.05; Ineligibility Determination

14-947 • ABU-SHAWISH v. USA

Filed 05/08/2015
REPORTED Order granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; Wrongful Conviction; Certificate of Innocence; Compensation for Wrongful Imprisonment.

14-986 • DZIEKONSKI v. USA

Filed 05/08/2015
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: Pro See Plaintiff; Lack of Jurisdiction; Americans with Disabilities Act; USERRA; Application In Forma Pauperis

15-158 • VISUAL CONNECTIONS, LLC v. USA

Filed 05/07/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Post-Award Bid Protest; Jurisdiction; Failure to State a Claim; Waiver; Ambiguity.

12-216 • UUSI, LLC et al v. USA

Filed 05/05/2015
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; Laches; Attorney-Client Privilege; At-issue Waiver; Equitable Defense. (TF3)

13-118 • MARTTI v. USA

Filed 05/05/2015
REPORTED OPINION granting in part Motion to Dismiss - Rule 12(b)(1). Joint status report due by 5/26/2015. Signed by Judge Marian Blank Horn.

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 05/01/2015
REPORTED ORDER. Signed by Judge Susan G. Braden. Keywords: re: Federal Rules of Evidence; Rule of the United States Court of Federal Claims (RCFC) 26 (General provisions governing discovery). (Attachments: # (1) Exhibit A, # (2) Exhibit B)

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