USCFC General Jurisdiction-Reported

Rails to Trails; Construction of Fee Deeds under Iowa Law; No Taking Where Railroad Owns Right-of-way in Fee Signed by Judge Firestone.

Claim for damages stemming from alleged breach of a settlement agreement; motion for summary judgment; unambiguous language of agreement; bar on use of extrinsic evidence to create ambiguity Signed by Judge Lettow.

Takings case; Cross-motions for partial summary judgment; Rails-to-Trails Act; Determination of claimant’s property interests; Preseault; Iowa law construed; Easements for railroad purposes; Railroad relocation – fee simple deeds; Deeds executed under threat of condemnation; Deeds with reverter clauses – application of Iowa Code § 614.24, Stale Users and Reversions Act (SURA); Dedication of alley to public use; Questions of fact precludes rulings as to certain parcels; Recreational trail and railbanking not encompassed within “railroad purpose”; Scope of takings; Trial. Signed by Judge Allegra.

10 U.S.C. §1201 (2006) and 37 U.S.C. § 204(a)(2006); Military Disability Retirement; Existed Prior to Service, “EPTS”; Presumption of Incurrence and Aggravation; 28 U.S.C. § 1491(a)(2), Remand. Signed by Judge Firestone.

5 U.S.C. § 5596, The Back Pay Act; 5 U.S.C. §§ 5551-5552, lump-sum payment statutes; RCFC 12(b)(1), RCFC 12(b)(6); Wallace v. Office of Personnel Management, 283 F.3d 1360 (Fed. Cir. 2002); Muniz v.United States, 972 F.2d 1304 (Fed. Cir. 1992) Signed by Judge Smith.

Partnership Taxation; Court’s Jurisdiction to Determine Applicability of Accuracy-Related Penalty Under I.R.C.§ 6662 in Partnership-Level Proceeding Signed by Judge Hewitt.

Tucker Act, 28 U.S.C. § 1491(a); Military Pay Act, 10 U.S.C. §§ 204, 206; Discharge from Active Duty; Medical Evaluation; Documentation of Medical Treatment During Active Duty; Department of the Army Personnel Policy Guidance ¶¶ 7-2, 7-8, and 7-12; Army Regulations 40-400, 40-501, 635-40 and 635-200; Remand; Army Board for Correction of Military Records; Medical Evaluation Board. Signed by Judge Williams.

Post-Award Bid Protest; 10 U.S.C. § 2304(c)(1)-(2) (2006); 48 C.F.R. §§ 6.302-1, 6.302-2 (2009); Sole Source Procurement; Only One Responsible Source; Unusual and Compelling Urgency; Standing; Lack of Advance Planning; Irrational Decision-Making; Violations of Procurement Laws and Regulations. Signed by Judge Bush.

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; threefactor analysis under Althen v. Sec’y of Health & Human Servs. Signed by Judge Miller, G..

Money-Mandating Source of Law; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Statute of Limitations, 28 U.S.C. § 2501 (2006); Waiver of Sovereign Immunity; State Taxation of Federal Property; Supremacy Clause, U.S. Const. Art. VI, cl. 2; Federal Facilities Section of the Clean Water Act, 33 U.S.C. § 1323 (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Bush.

Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863 and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; post-judgment motions; applicability of the Indian Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. §§ 1401-08; formulation of a distribution plan Signed by Judge Lettow.

Motion for Review of Special Master’s Decision; National Vaccine Injury Act, 42 U.S.C. § 300aa-1 et seq.;Standard of Review; Tetanus-Diphtheria Vaccine; Guillain-Barré Syndrome; Molecular Mimicry. Signed by Judge Horn.

10 U.S.C. § 1201 (2006) (compensable disabilities); 10 U.S.C.A. § 1216a(b) (2012) (medical conditions considered in disability determinations); Army Regulation 635-40 (physical evaluation for separation); 38 C.F.R. § 4.3 (resolving reasonable doubt in disability ratings); 38 C.F.R. § 4.7 (choosing between two disability evaluations); RCFC 52.1 (judgment on the administrative record); RCFC 52.2 (remanding to an administrative body). Signed by Judge Braden.

Pre-award bid protest; motion for preliminary injunction; disparate intra-agency decisions regarding the level of control exercised by a veteran owning a small business; evidence of “control” within the meaning of 38 C.F.R. § 74.4 Signed by Judge Lettow.

Tucker Act, 28 U.S.C. § 1491; pro se filings Signed by Judge Damich.

Breach of Contract; Covenant of Good Faith and Fair Dealing; Option; Extrinsic Evidence Signed by Judge Bruggink.

Contract case; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Standard of review; Subcontractor lacked privity of contract with the United States; Contractor was not agent of Federal agency; 49 U.S.C. § 13706; Case dismissed for lack of jurisdiction. Signed by Judge Allegra.

Breach of Contract Claims; Declaratory Judgment; Motion to Dismiss Under RCFC 12(b)(1) and 12(b)(6) Signed by Judge Hewitt.

Cross-Motions for Summary Judgment; Duties of the Government as Stakeholder; Equitable Subrogation; Breach of Contract Signed by Judge Hewitt.

Excise Tax; Ozone-Depleting Chemicals; Expert Discovery; "Additional Data" in Expert Rebuttal Report; Denial of Sur-Rebuttal Signed by Judge Damich.