Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Best Value Tradeoff Analysis; FAR 15.101-1; FAR 15.308
Keywords: re: Rails-to-trails case; takings; class action with more than 500 opt-in plaintiffs; settlement; fairness of settlement; common-fund approach to award of attorneys' fees to class counsel. (EB) Modified on 7/10/2014 (jt1).
Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; RCFC 12(b)(6); Taking of Property Without Just Compensation; Medical License. (dls) Modified on 7/22/2014 (jt1).
Keywords: re: Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis re: [4] Reported Opinion and Order. (dls) Modified on 7/11/2014 (jt1).
Keywords: re:Reliance Damages;Sanctions for Bad Faith Conduct Relating to Privilege Assertions During Discovery. Modified on 7/1/2014 (lld).
Keywords: re:RCFC 41(a)(2) voluntary dismissal; Determining whether dismissal should be with or without prejudice; Multi-factored test; Dismissal with prejudice to be accompanied by a condition, as authorized by RCFC 41(a)(2). (si) Modified on 6/27/2014 (lld).
Keywords: re:Military pay case; Cross-motions for judgment on the administrative record; Standard of review Bannum; Review of Army Board for the Correction of Military Records; Characterization of discharge; Disability determination; Plaintiff failed to demonstrate that determinations of the ABCMR were arbitrary and capricious, or not supported by substantial evidence.
Keywords: re: SBA 8(a) Program, Mentor-Protg Program, 13 C.F.R. 124.520. (jm) Modified on 7/21/2014 (jt1).
Keywords: re: Bid protest case; Application for attorneys fees; Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A); Position of the United States was substantially justified; Motion for bid preparation and proposal costs; Jurisdiction existed to award costs even after the entry of a permanent injunction; Costs not awarded where protestor fails to demonstrate that it unnecessarily incurred bid preparation and proposal costs. (si) Modified on 7/10/2014 (jt1).
Keywords: re:Tax refund suit; Cross-motions for partial summary judgment; Loss deduction section 165 of the Code; Actual economic loss; Basis allocation Treas. Reg. § 1.61-6(a); Carved-out income interests; Allocation of basis in Perpetuals transaction violated Treasury Regulation; Investment trusts; Sears Regulations Treas. Reg. § 301.7701-4; Multi-class investment trust not trust for tax purposes; Loss disallowed; Custodial arrangements and investment trusts not trusts for tax purposes; Income from Custodial Share Receipts includible in taxable income.
Keywords: re: Order on Motion to Certify Class, Order on Motion for Summary Judgment, Reported Opinion,United States Postal Service (USPS); Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1) (overtime compensation); Territorial Cost of Living Adjustment (TCOLA); Regular Rate; RCFC 56; Chevron Deference
Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1). (dls) Modified on 7/10/2014 (jt1).
Keywords: re:Reported Opinion Patent case; eligibility for patent protection under 35 U.S.C. § 101; application of the Larson-Miller variant of the Arrhenius equation; ineligibility of mathematical formulae for patent protection; eligibility of novel means of applying a natural law to obtain more efficient and beneficial results.
Keywords: re: Former spouse's claim for benefits under the Armed Forces Reserve Component Survivor Benefit Plan; 10 U.S.C. § 1448(a)(2)(B); qualifying reserve service; effect of divorce prior to death of reserve component service member. (dls) Modified on 7/10/2014 (jt1).
Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1495; 28 U.S.C. § 2513; Torts; In Forma Pauperis; 28 U.S.C. § 1915. (dls) Modified on 7/15/2014 (jt1).
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order, 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); Motion for Summary Judgment under RCFC 56.
Keywords: re: Order on Cross Motion [Dispositive], Order on Motion for Summary Judgment, Reported Opinion Cross-Motions for Summary Judgment, RCFC 56; Luxury Tax, I.R.C. § 4002; Demonstrator Exemption Under I.R.C. § 4002(b)(1); Gas Guzzler Tax; I.R.C. § 4064; Abatement of Penalties and Interest
Keywords: re: Order on Motion to Amend/Correct, Reported Opinion -- Class Action; Motion to Amend/Substitute Class Notice; Notice to Potential Class Members; RCFC 23; Best notice that is practicable under the circumstances; Lump-Sum Payment statute; 5 U.S.C. §§ 5551, 5552; Back Pay Act; 5 U.S.C. § 5596; Prejudgment Interest.Keywords: re: [166] Order on Cross Motion [Dispositive], Reported Opinion -- Partial Summary Judgment; RCFC 56; Class Action; Federal Employees; Accrued and Accumulated Annual Leave; 5 U.S.C. §§ 6303, 6304; Separation; Lump-Sum Payment Statute; 5 U.S.C. §§ 5551, 5552, 5553; Cost-of-Living Adjustment (COLA); Locality Pay Adjustment; Sunday Pay; Post Allowance; Back Pay Act; 5 U.S.C. § 5596; Prejudgment Interest.
Keywords: re: Order on Motion to Amend/Correct, Reported Opinion -- Class Action; Motion to Amend/Substitute Class Notice; Notice to Potential Class Members; RCFC 23; Best notice that is practicable under the circumstances; Lump-Sum Payment statute; 5 U.S.C. §§ 5551, 5552; Back Pay Act; 5 U.S.C. § 5596; Prejudgment Interest.Keywords: re: [166] Order on Cross Motion [Dispositive], Reported Opinion -- Partial Summary Judgment; RCFC 56; Class Action; Federal Employees; Accrued and Accumulated Annual Leave; 5 U.S.C. §§ 6303, 6304; Separation; Lump-Sum Payment Statute; 5 U.S.C. §§ 5551, 5552, 5553; Cost-of-Living Adjustment (COLA); Locality Pay Adjustment; Sunday Pay; Post Allowance; Back Pay Act; 5 U.S.C. § 5596; Prejudgment Interest.