USCFC General Jurisdiction-Reported

Tribal trust case; E-discovery order; Production of Electronically Stored Information (ESI); Privileges; Clawback agreement under Fed. R. Evid. 502(d) Signed by Judge Allegra.

Post-award protest of a procurement award by the Postal Service of work to renovate the HVAC system in the principal post office in Portland, Maine; unequal treatment of offerors; evaluation of past performance; the covenant of good faith and fair dealing; prejudice; remedy Signed by Judge Lettow.

Class action settlement; RCFC 23(e),(h); RCFC 54(d); paid leave; nighttime and weekend additional pay; 38 U.S.C. §§ 7453, 7454; attorneys’ fees as a percentage of the common fund. Signed by Judge Wolski.

Contract Disputes Act of 1978, 41 U.S.C. § 7103(c)(2) (Supp. IV 2011) (anti-fraud provision); costs of review; attorneys’ fees; documentation of costs. Signed by Judge Miller, C..

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; corrective action; negotiated procurement; basis for corrective action; reasonableness of decision to take corrective action canceling award to protestor in case at bar; reasonableness of corrective action implemented to call for new proposals based on amended solicitation. Signed by Judge Miller, C..

Discrimination Claims Related to Discharge from Air Force; Lack of Subject Matter Jurisdiction; Collateral Estoppel; Statute of Limitations; No Further Actions to be Filed Without Leave of Court. Signed by Judge Wheeler.

Military pay; motion for judgment on the administrative record; review of military correction board action; disability pay; remand pursuant to RCFC 52.1; Army Reg. 635-200 ¶ 14-17.g.(1) (June 6, 2005); post-traumatic stress disorder; presumption of regularity. Signed by Judge Miller, C..

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Proof of Causation; Petitioner’s Burden to Establish Prima Facie Case; Remand. Signed by Judge Bush.

TSA Airport Passenger Screening Policies; RCFC 12(b)(1) Motion to Dismiss; Lack of Subject Matter Jurisdiction; No Money-Mandating Statute Alleged. Signed by Judge Wheeler.

Takings; Motion for Reconsideration of Dismissal of Complaint or, in the Alternative, for Leave to File an Amended Complaint Signed by Judge Hewitt.

Patent Claim; Insufficiency of Claim Chart; No “Timely Showing of Good Cause”; Denying Motion to Amend Claim Chart; Denying Reconsideration Under Rule 54(b); Dismissal of Claims Under Rule 41(b) Signed by Judge Hewitt.

Enhanced Military Disability Severance Pay; Combat-Related Operations; Wounded Warrior Act; National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 110-181, § 1646(a), 122 Stat. 3, 472 (2008); 10 U.S.C. § 1212(c)(1)(A); Reasoned Decision making; Limitations on Chevron Deference; Remand to Army Board for Correction of Military Records, 28 U.S.C. § 1491(a)(2), RCFC 52.2. Signed by Judge Miller, G..

Wrongful Discharge from U.S. Army; Discharge for Good of the Service in Lieu of Court Martial; Statute of Limitations; Legal Disability Tolling; Accrual Suspension Rule Signed by Judge Damich.

Tax; Refund Suit; 26 U.S.C. § 6651(a) (2006); Illness Did Not Provide Reasonable Cause to Excuse Failure to Timely File Gift Tax Return and Payment. Signed by Judge Bush.

Pro Se Plaintiff; Motion to Dismiss; Lack of Subject-Matter Jurisdiction; Failure to State a Claim; Statute of Limitations; Declaratory Judgment. Signed by Judge Horn.

Bid Protest; Procurement Integrity Act; Alleged Plagiarism; De Novo Review. Signed by Judge Bruggink.

Bid protest; Time for submitting proposal – difference between solicitation and GSA e-Buy website; Defendant argues GSA e-Buy website incorporated into solicitation; Failure to maintain any copy of the website post-award; Arguments regarding possible spoliation and sanctions to be briefed. Signed by Judge Allegra.

Contract Disputes Act; Motion to Dismiss for Failure to State a Claim; Miller Act, 40 U.S.C. Section 3131; Equitable Subrogation Rights; Notice Requirements for Stakeholder Duty; Reasonable Discretion in Disbursing Funds Signed by Judge Futey.

Rails-to-Trails; Fifth Amendment Takings Clause; Application of State Property Law; California Law; RCFC 56 Cross-motions for Summary Judgment; Chain of Title Evidence Signed by Judge Hodges.

REDACTED ADDENDUM TO OPINION AND ORDER Signed by Judge Williams.