USCFC General Jurisdiction-Reported

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Motion to Dismiss; Patent Infringement; 22 U.S.C. § 2356; 28 U.S.C. § 1498(a); For the Benefit of the Government; Authorization or Consent.

OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Military pay claim; time-bar attributable to expiration of the limitations period specified in 28 U.S.C. 2501; inability to transfer case under 28 U.S.C. 1631 because of request for monetary relief

REPORTED ORDER (public version of sealed Opinion issued January 30, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Challenge to Offerors Exclusion from the Competitive Range; Technical Proposal Evaluation

REPORTED Order The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Reported Order Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Competition in Contracting Act; 41 U.S.C. § 3306(a); Solicitation Terms Coupled With Procurement Delay Did Not Unduly Restrict Competition; Ripeness.(TF3)

REPORTED OPINION and ORDER converting Motion to Dismiss - Rule 12(b)(1) and (6) into a motion for summary judgment under RCFC 56; and granting said motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claim for refund of income tax paid on proceeds of a settlement agreement; "origin of the claim" doctrine; inapplicability of exclusion from taxation under I.R.C. § 104(a)(2); proceeds taxable as ordinary income and not capital gains.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion Bid Protest; Omnibus Diplomatic Security and Antiterrorism Act of 1986; Past Project Adjustment for Inflation.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). The government's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted is DENIED. Pursuant to 28 U.S.C. § 1631, the case shall be transferred to the United States Court of Appeals for the Tenth Circuit. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Dispute over costs allowable under a grantfor a noise abatement program at an airport; displacement of jurisdiction provided by the Tucker Act because of exclusive jurisdiction available under either 49 U.S.C. § 47111, or alternatively, 49 U.S.C. § 46110; transfer to the United States Court of Appeals for the Tenth Circuit; 28 U.S.C. § 1631

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Contract; Trial; Mail Box Rule

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Workforce Investment Act

REPORTED ORDER GRANTING THE GOVERNMENT'S CROSS-MOTION. Signed by Judge Susan G. Braden.

Keywords: re: Bid Protest;Interested Bidder;Competition In Contracting Act,31 U.S.C. § 3551;Lowest Price Technically Acceptable Source Selection,48 C.F.R. § 15.101-2;Standing.

REPORTED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reported Opinion--Subject Matter Jurisdiction; Cobell v. Norton; Class Action Suit; Fiduciary Duty; Indian Tucker Act

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Motion to Dismiss; Government Counterclaim; Contract Disputes Act; Subject Matter Jurisdiction; Scope of Contracting Officer Final Decision.

REPORTED OPINION--Filed this date denying motion. Signed by Judge Lawrence J. Block.

Keywords: Re: Reported Opinion--Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. 7101-09.

OPINION denying Motion for Summary Judgment; denying [168] Cross Motion. Chambers will contact the parties to set up a status conference to discuss a trial schedule for the resolution of this matter. Signed by Judge Francis M. Allegra.

Keywords: Tax; Cross-motions for partial summary judgment; Refund of taxes relating to previously taxed income (PTI); Income from controlled foreign corporation; Partnership Culbertson; Existence of partnership with bona fide partners raised questions of fact; Debt/equity analysis; Review of debt/equity factors; Existence of partnership raises questions of fact; Section 705(a)(1)(B) basis adjustment; Whether basis of plaintiffs interest in LLCs must be increased by distributive share of PTI distributions; Application of section 705 and Subpart F provisions raises questions of fact re: OPINION on Motion for Summary Judgment and Cross Motion.

REPORTED OPINION & ORDER denying Plaintiffs' Post-Remand Motion for Entry by this Court of Rulings Consistent With and to Enforce the Federal Circuit Court of Appeals' January 28, 2014 Mandate. By separate order, the court will address further proceedings in light of this ruling. Signed by Chief Judge Patricia E. Campbell-Smith. (vl) Copy to parties. Modified on 4/21/2015 - corrected minor typographical error (jt1).

Keywords: re: Mandate Interpretation; Claim Accrual Principles in Takings Cases Involving Gradual Physical Processes; Permanent Nature of Taking in Determining Claim Accrual; Factual Findings Presented in the Alternative Order on Motion for Miscellaneous Relief, Reported Opinion.

REPORTED ORDER denying Motion to Stay. Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; RCFC 62(c); Denial of Motion for Injunction Pending Appeal

REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

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.

REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [20] Cross Motion The Clerk is directed to enter judgment. No Costs. Signed by Judge Francis M. Allegra.

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.

PUBLISHED OPINION. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

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.

REPORTED OPINION: The Clerk is directed to enter judgment. Plaintiffs' Motion for the Approval of Settlement is GRANTED, and plaintiffs' Motion for Court Approval of Fees is GRANTED IN PART. The total settlement award to class plaintiffs is $24,032,540.91, consisting of (a) $14,094,500.00 in principal for the value of the property taken, (b) $8,918,488.58 in interest calculated through November 30, 2014, and (c) $696,753.80 in statutory attorneys' fees and $322,798.53 in litigation costs, both under the Uniform Relocation Act. Class counsel shall retain a 17.5% contingent fee, which fee shall be calculated upon a base amount consisting of the principal and interest payments specified in the settlement agreement. Counsel shall retain the agreed statutory fee and costs and as such, class members shall receive a dollar-for-dollar credit against the contingent fee for the statutory fee paid by the government. Class counsel shall receive the settlement award, shall disburse payments in accord with the settlement agreement, and shall file a notice of compliance once payment has been made. To account for the delay in payment after November 30, 2014, the total interest paid by the government shall increase until the date the judgment is paid using the same method of interest computation as that employed in the settlement agreement, at an annual interest rate of 4.2%. The contingent fee to which class counsel is entitled shall be adjusted upward accordingly. The claims of those class members respecting which the government has previously been granted summary judgment on liability are dismissed, as are those whose claims are not listed for an award in the settlement agreement. Costs have already been encompassed in the settlement agreement. Signed by Judge Charles F. Lettow.

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