USCFC General Jurisdiction-Reported

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Federal Tax Deductions; Foreign Nonresident; 26 U.S.C. § 871; Trade or Business; 26 C.F.R. § 1.183-2; Continuity and Regularity; Expectation of Profit; Gambling; Slot Machines.

REPORTED ORDER granting Motion to Stay and for Discovery pursuant to Rule 56(d). Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Stay, Reported Order: Tax Case; Treasury Cash Grant; Rule 56(d) Request for Discovery; When to Allow Discovery and Stay Motion for Summary Judgment; Theisen Vending Test; Sale-leaseback Agreement.

REPORTED OPINION denying Motion to Strike Plaintiffs' Unauthorized Rebuttal Expert Report. Signed by Judge Charles F. Lettow. (jt1) Copy to parties.

Keywords: re: Time for filing expert rebuttal reports where a scheduling order issued by the court does not specify a time; RCFC 26(a)(2)(D)(ii); exercise of judicial discretion.

REPORTED OPINION (public version of sealed Opinion issued June 30, 2014). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Whether the GAO Decision was Rational.

REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment. Signed by Judge Lawrence J. Block.

Keywords: re: Eichleay damages; Field overhead damages; Home office overhead damages; Contract Disputes Act; Summary judgment.

REPORTED OPINION and ORDER (Reissuance of Sealed Opinion and Order, filed June 18, 2014 for publication). Signed by Judge Elaine D. Kaplan.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Judicial Review of Military Decisions; DoDI 1241.2; Extended Active Duty; DoDI 6485.01; Human Immunodeficiency Virus (HIV); Disability Evaluation System (DES); Constructive Service Doctrine; Unauthorized Acts by Government Agents(dls) Modified on 7/22/2014 (jt1).

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

Keywords: re: Bid protest; Small Business Set-Asides; Statutory Construction; Rule of Two. (md) Modified on 7/21/2014 (jt1).

REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of addressing the court's jurisdiction; finding that the court lacks jurisdiction over plaintiff's claim; and directing the Clerk to transfer plaintiff's complaint to the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. § 1631. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion and Order Pro Se; Lack of Subject Matter Jurisdiction; Transfer in the Interest of Justice under 28 U.S.C. § 1631. (dls) Modified on 7/11/2014 (jt1).

REPORTED OPINION granting Plaintiff's Motion for summary judgment on contract liability, and denying [41] Defendant's Cross Motion for summary judgment on contract liability. The parties are directed to file a proposed schedule for briefing on summary judgment on damages no later than July 21, 2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Cross Motion [Dispositive], Reported Opinion, Cross-Motions for Summary Judgment; RCFC 56(a); Breach of Contract; Contract Interpretation; Risk-Shifting Contract Language

REPORTED OPINION Notice of Compliance due by 7/30/2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Election Doctrine; Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1)

REPORTED OPINION granting Cross-Motion for Summary Judgment; denying [13] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion: Living Quarters Allowance, Overseas Differentials and Allowances Act of 1960, 5 U.S.C. 5921 et seq.

REPORTED OPINION denying Motion for Summary Judgment; granting [127] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. Modified on 7/24/2014 (corrected pdf) (jt1).

Keywords: re: RCFC 56 Motions for Summary Judgment; Takings; Equitable Estoppel; Lost Grant; Adverse Possession; Statute of Limitations. (jm5) Modified on 7/10/2014 (jt1).

PUBLISHED OPINION (Reissuance of Opinion filed under seal on June 18, 2014). Signed by Judge Nancy B. Firestone.

Keywords: re: Published Opinion: Bid Protest; Federal Supply Schedule; Uniform Formulary; 28 U.S.C. § 1491(a)(2), Remand

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Motion to Dismiss; Aviation Insurance, 49 U.S.C. ch. 443; Jurisdiction; Joinder; Declaratory Judgment Act. Modified on 7/22/2014 (jt1).

REPORTED OPINION granting in part and denying in part Defendant's Motion for Protective Order. Defendant shall respond to plaintiff's Document Requests Nos. 1 and 2 on or before 7/28/2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Protective Order, Reported Opinion: Motion for Protective Order; discovery; document request; RCFC 26(c)(1); good cause; relevancy; overbroad; undue burden; cumulative; duplicative; timeliness; government contract.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Agency's Use of Unstated Evaluation Criterion; Improper "Apples and Oranges" Price Comparison; Failure to Account for Offeror's Pricing Errors; Irrational Technical Evaluation; Two Conflicting Source Selection Decisions; Standards for Injunctive Relief.(jc) Modified on 7/21/2014 (jt1).

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Defendant's motion to dismiss is DENIED as to Count I, and GRANTED as to Count II. The Clerk is directed to enter judgment as to Count II only. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Chevron Deference; Regulatory Interpretation; Motion to Dismiss for Lack of Subject Matter Jurisdiction under RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim under RCFC 12(b)(6); Medicare Reimbursement Claim.

REPORTED OPINION re: [38]Seal Opinion filed under seal on June 10, 2014. Signed by Judge Francis M. Allegra.

Keywords: re: Bid protest reviewing corrective action and sole-source bridge contract award; Motion for preliminary injunction; Bridge contract for information technology services; 10 U.S.C. § 2304; FAR § 6.3021(c); Advance planning requirement for sole-source contract award not satisfied; Preliminary injunction issued; Performance of bridge contract enjoined. (si) Modified on 7/11/2014 (jt1).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. (Main Document 19 replaced on 6/19/2014 to add electronic signature)

Keywords: re: Jurisdiction; Veterans Administration; employment; equitable remedies; intermittent schedule; fraud and coercion. (md) Modified on 7/15/2014 (jt1).

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and Motion for Summary Judgment. Defendant's motion to dismiss is denied; defendant's motion for summary judgment is granted. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and Motion for Summary Judgment Reported Opinion, Regulatory Taking; Fifth Amendment; Housing Assistance Payments; Public Housing Authority