USCFC General Jurisdiction-Reported

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler. Defendant's Answer due by 6/9/2015.(jf) Copy to parties. (Main Document 26 replaced on 5/27/2015 to correct typo in pdf) (ar). Modified on 5/28/2015 to add deadline

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.

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.

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

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.

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).

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

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

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

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

Keywords: re: Amendment of Opinion

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

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

Docketed for Administrative Purposes REPORTED Order granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (jt1) Copy to parties.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; Wrongful Conviction; Certificate of Innocence; Compensation for Wrongful Imprisonment.(dls)Keywords: re: [13] Motion to Dismiss for Lack of Jurisdiction; Wrongful Conviction; Certificate of Innocence; Compensation for Wrongful Imprisonment.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

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

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)

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.

REPORTED ORDER. Keywords: Temporary Takings Claim; U.S. CONST. amend. V.(Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(ct) Copy to parties. (Main Document 274 replaced on 5/8/2015) (dls). Modified on 5/11/2015 - corrected pdf (jt1).

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)

REPORTED OPINION entering judgment and granting Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Contract Disputes Act; Commercial Real Estate Brokerage Agreement; Extension Clause; Real Estate Leases; Federal Rule of Evidence 801(d)(2); Breach of Contract; Damages Equaling Brokerage Commissions On Transactions That Occurred After Brokerage Agreement Was Terminated; Expectation Damages; Market Rate for Real Estate Brokerage Commissions.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); finding as moot [6] Motion for Summary Judgment; finding as moot [6] Motion for fast track settlement; finding as moot [6] Motion for Oral Argument; finding as moot [7] Motion for ADR referral; finding as moot [8] Motion for Extension of Time and; granting [2] Motion for Leave to Appeal in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Subject Matter Jurisdiction; RCFC 12(b)(1); Fourth Amendment; Fifth Amendment Due Process Clause; Fourteenth Amendment; Federal Tort Claims Act; 28 U.S.C. § § 1346, 2671-80; Contract Disputes Act; 41 U.S.C. § 7104(b)(1); Pendent Jurisdiction.

REPORTED OPINION and ORDER granting plaintiff's motion to proceed in forma pauperis (contained within the complaint) and dismissing the complaint without prejudice for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Pro Se Plaintiff; In Forma Pauperis.