USCFC General Jurisdiction-Reported

Motion for Partial Summary Judgment; RCFC 56; Class Action; Fifth Amendment Takings; Rails-to-Trails Act, 16 U.S.C. §§ 1241-51 (2006); Florida Law; Fee Simple; Right-of-Way; Easement Under Florida Law; Fee Simple Determinable; Prescriptive Easement; Adverse Possession. Signed by Judge Williams.

Motion for Partial Summary Judgment; RCFC 56; Class Action; Fifth Amendment Takings; Rails-to-Trails Act, 16 U.S.C. §§ 1241-51 (2006); Florida Law; Fee Simple; Right-of-Way; Easement Under Florida Law; Fee Simple Determinable; Prescriptive Easement; Adverse Possession. Signed by Judge Williams.

Lummi Tribe v. United States, 99 Fed. Cl. 584 (2011); NAHASDA Reauthorization Act of 2008, Pub. L. No. 110-411, 122 Stat. 4319 Trusts Signed by Judge Smith.

28 U.S.C. § 1500; Declaratory and Injunctive Relief; RCFC 12(b)(1) Signed by Judge Hewitt.

Equal Access To Justice Act, 28 U.S.C. § 2412; Motion to Dismiss, RCFC 12(b)(1); Motion to Dismiss, RCFC 12(b)(6); Settlement Agreement; Tucker Act Jurisdiction, 28 U.S.C. § 1491; 29 C.F.R. § 1614.407(c) (Title VII civil actions); 29 C.F.R. § 1614.504(a), (b), (c) (Compliance with settlement agreements). Signed by Judge Braden.

RCFC 12(b)(1); Motion to Dismiss; 26 U.S.C. § 6511(d)(8); 26 U.S.C. § 7422; Equitable Estoppel; Equitable Recoupment; Equitable Tolling; Mitigation of Limitations; Fifth Amendment Due Process Clause Signed by Judge Sweeney.

Motion for Protective Order; Federal Rule of Evidence 502; Attorney-Client Privilege; Work Product Privilege; Waiver of Privilege; Clawback Arrangements. Signed by Judge Wheeler.

Government contract; Trial; Alleged breach of confidentiality agreement; Authority to contract; Breach; Use of circumstantial evidence to demonstrate breach; Plaintiff failed to demonstrate that termination of subcontract resulted from agency’s breach of an alleged confidentiality agreement. Signed by Judge Allegra.

Motion for Reconsideration; Standing; Judicial Notice; Illegal Exaction; Federal Reserve Act, 12 U.S.C. § 343 et seq. (2006). Signed by Judge Wheeler.

Dispute over applicability of the deliberative process privilege; pre-decisional and deliberative records; intertwining of factual and nonfactual material; timeliness of assertion of the privilege; analogy of a timeliness consideration to the promptness criterion of Fed. R. Evid. 502(b); waiver of the deliberative process privilege due to untimely assertion Signed by Judge Lettow.

Vaccine case; Petition for review; Hepatitis-B vaccination; Standard of review; Hypothyroidism; Althen; Failure to establish causation; Failure to establish proximate temporal relationship between vaccine and autoimmune thyroid disease; Motion for reconsideration under RCFC 59; Failure to show that prior findings were wrong, let alone manifestly unjust; Motions for review and for reconsideration denied. Signed by Judge Allegra.

Scar v. Comm’r, 814 F.2d 1363 (9th Cir. 1987); RCFC 12(b)(6); failure to state a claim upon which relief can be granted; notice of computational adjustment; claim that IRS was required to follow deficiency procedures substantially varied from Scar-based claim argued before IRS that notice of computational adjustment was invalid for failure to review physical copy of taxpayers’ return. Signed by Judge Firestone.

Military Pay Act; whether Army failed to follow its own directives and regulations is a justiciable issue; an agency’s construction of its own regulations is entitled to deference; Army Regulation 135-18; National Guard Bureau had discretion to interpret “eligible” to exclude Active Guard Reserve (“AGR”) officer in Title 32 (state-level) AGR program on a time-limited tour in Title 10 (federal-level) AGR status from eligibility for consideration by a Title 10 continuation board for continuation of active federal service beyond 20 years. Signed by Judge Firestone.

Air Force and Army Corps of Engineers Dormitory Construction Project; Government Breach of Contract Claim; Architect’s Negligent Subsurface Piping and Civil Site Grading Designs; Failure to Prove Causation and Reasonableness of Damages Claims; Recovery of Costs of Implementing Design Modifications. Signed by Judge Wheeler.

ORDER FOR JUDGMENT Signed by Judge Hewitt.

Pro Se Plaintiff; In Forma Pauperis Application; 28 U.S.C. § 1915; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations Signed by Judge Horn.

Cross-Motions for Summary Judgment; Validity of Contracting Officer’s Decision; Independent Judgment; Timing and Conclusory Nature of Contracting Officer’s Declaration Signed by Judge Sweeney.

Post-Katrina removal of clay by the Corps of Engineers from plaintiff’s property to repair damaged levees; proof of compensable property interest; interpretation of reservation clause in deed; physical taking; just compensation; applicability of the “no government demand” rule Signed by Judge Lettow.

Forest Service solicitation to acquire helicopters for use in fighting forest fires; protests by plaintiff and other offerors at GAO; Forest Service proposes corrective action; plaintiff’s bid protest action seeks to challenge corrective action; ripeness; standing; mootness; evaluation of proposals; FAR 15.305(a); rating methods neither irrational nor contrary to law; plaintiff fails to show prejudice due to alleged errors in best-value tradeoff determinations. Signed by Judge Miller, G..

Contract Disputes Act; RCFC 56(a), Cross Motions for Summary Judgment; Breach of Contract; Contract Interpretation; Ambiguity; Extrinsic Evidence; FAR 52.217-8, Option to Extend Services Signed by Judge Hodges.