USCFC General Jurisdiction-Reported

Military pay; Article 15 Non-judicial punishment; Justiciability; Disability Retirement; Administrative Separation. Signed by Judge Bruggink.

RCFC 54(b) (judgment on multiple claims or involving multiple parties); RCFC 59(a) (grounds for reconsideration); RCFC 59(e) (motions to alter or amend a judgment). Signed by Judge Braden.

Vaccine Injury; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (2006); Proof of Causation; Whether Petitioner Established a Logical Sequence of Cause and Effect. Signed by Judge Bush.

Motion to compel production; Judicial takings case; Stop the Beach; Documents sought not relevant within the meaning of RCFC 26(b)(1); Motion denied. Signed by Judge Allegra.

Contract Disputes Act; GSA Leases for Office Space; Tax Adjustment Clause; Contract Interpretation; Determination of Base Year and Full Assessment; Cross-Motions for Summary Judgment. Signed by Judge Wheeler.

Vaccine case; off-table claim; Althen; petitioner’s challenge to the Special Master’s decision; HPV vaccine; Gardasil; systemic juvenile idiopathic arthritis Signed by Judge Bruggink.

Vaccine case; receipt of varicella zoster (“shingles”) vaccine; listing of vaccines covered by the Vaccine Act; 42 U.S.C. § 100.3 Signed by Judge Lettow.

Clean Water Act, 33 U.S.C. § 1344 (permits for dredged or fill material); Jurisdiction; Motion to Dismiss, RCFC 12(b)(1) and 12(b)(6); Regulatory instrument; 33 C.F.R. § 332.8(o)(3) (credits issued re: wetlands mitigation); 60 Fed. Reg. 58,605-02, 58,606 (Nov. 28, 1995) (Federal Guidance for the Establishment, Use and Operation of Mitigation Banks). Signed by Judge Braden.

Patents; Summary Judgment; Anticipation Pursuant to 35 U.S.C. § 102(e) (2006); Obviousness Pursuant to 35 U.S.C. § 103; Expert Testimony Signed by Judge Campbell-Smith.

Claim for tax refunds; prior suit; 28 U.S.C. § 1500; Brandt followed; motion for continued stay; no pressing need for continuation Signed by Judge Lettow.

Pre-Award Bid Protest; National Park Service Concessions Management Improvement Act of 1998, 16 U.S.C. §§ 5951-5966 (2012); Right of Preference for Preferred Offerors; Procurement Integrity Act, 41 U.S.C. §§ 2101-2107 (Supp. V 2011); Implied Contract to Consider Bids Fairly and Honestly. Signed by Judge Bush.

Contract; Reformation and Breach; Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2012); Incorporation of a Statute and Regulations into a Contract. Signed by Judge Bush.

Tax Refund Suit; Property and Casualty Insurance Companies; Special Estimated Tax Payments; 26 U.S.C. § 847; Effect of Bankruptcy Proceedings; Collateral Estoppel. Signed by Judge Wheeler.

Income Tax Refund; Cross-Motions for Summary Judgment, RCFC 56; Theft Loss; IRC § 165; 26 C.F.R. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Purchases of Stock Through Innocent Third-Party Brokers; Specific Intent to Deprive Victims of Their Property; Privity; Reasonable Prospect of Recovery; Genuine Issues of Material Fact Signed by Judge Sweeney.

Central Contractor Registration, 48 C.F.R. § 52.204-7(a) (2013) (changing the name of the CCR to the “System for Award Management”); Pre-Award Bid Protest Jurisdiction (28 U.S.C. § 1491(b)(1)); Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. § 644(g)(1)(A)(ii)); Standing; Federal Acquisition Regulations, 1.102(b)(3) (“The Federal Acquisition System will . . . [c]onduct business with integrity, fairness, and openness.”); 1.102-2(c)(3) (fair and impartial treatment of contractors); 1.602-2(b) (“impartial, fair, and equitable treatment” of contractors by contracting officers); 3.101-1 (standards of conduct for government personnel); 15.305 (evaluation of proposals); 16.504 (indefinite quantity contract); 19.1405 (SDVOSB set-aside procedures); 52.219-1 (voluntary certifications); 13 C.F.R. § 125.15(e)(1) (SDVOSB status determined at the time of an initial offer); 48 C.F.R. § 4.1201 (2012 and 2013) (representations and certifications); 48 C.F.R. § 52.204-13(b) (contractors responsibility for the accuracy of information in the Central Contractor Registration). Signed by Judge Braden.

Military Pay; Standard of Review for Decisions Issued by a Board for Correction of Military Records. Signed by Judge Bush.

REPORTED OPINION denying defendant's motion to dismiss Tektel's amended complaint and motion for summary judgment. [Duplicate od document #73, docketed for administrative purposes]. Signed by Judge Mary Ellen Coster Williams.

Claims brought under the Fair Labor Standards Act, 29 U.S.C. § 216(b); motion to transfer based upon asserted absence of jurisdiction in this court; Bormes distinguished; King followed Signed by Judge Lettow.

Post-Award Bid Protest; Government Printing Office; Statutory Construction; Responsibility Determination; Small Business Administration Certificate of Competency Program. Signed by Judge Horn.

Concession Contracts; Breach of Contract; Motion to Dismiss RCFC 12(b)(1); Motion for Summary Judgment RCFC 56; Breach of Contract for Critical Violations Signed by Judge Sweeney.