USCFC General Jurisdiction-Reported

Breach of contract; Oil and gas leases; Lost profits; Intervening cause Signed by Judge Bruggink.

Overtime Claim Filed By ICE Law Enforcement Officers; Availability of Meal Break; Regularly Scheduled Overtime; Fair Labor Standards Act; Administratively Uncontrollable Overtime; Burden of Proof. Signed by Judge Wheeler.

Fifth Amendment Rails-to-Trails Takings Claim; Abandonment; Measure of Just Compensation Signed by Judge Hewitt.

Section 405 of the Native American Housing Assistance and Self-Determination Act of 1996 ("NAHASDA"), 25 U.S.C. § 4165. When a statutory provision and its implementing regulations specify procedures to be followed with respect to the recapture of grant funds, an agency is not free to disregard those procedures and resort instead to federal common law remedies. Signed by Judge Wiese.

Motion for Class Certification; Sunday Premium Pay, 5 U.S.C. § 5546; Modification of Proposed Class Definition; Failure to Satisfy the Requirements of RCFC 23 Signed by Judge Sweeney.

Motion for Interlocutory Appeal, 28 U.S.C. § 1292(d)(2); Ad Hoc Review; Unique Taking Theory; Consolidation, RCFC 42(a) Signed by Judge Hodges.

Motion for Interlocutory Appeal, 28 U.S.C. § 1292(d)(2); Ad Hoc Review; Unique Taking Theory; Consolidation, RCFC 42(a) Signed by Judge Hodges.

Patent case; E-discovery management order; Timing of e-discovery; Presumptive limits on email productions for custodians and searches; Clawback provisions under Fed. R. Evid. 502; Provisions dealing with assertion of privilege; Format for production. Signed by Judge Allegra.

Pre-Award Bid Protest; Challenge to Corrective Action Recommended by GAO; Rationality of GAO Decision; Failure to Meet Requirements of Solicitation; Fair and Equal Treatment of All Offerors; Integrated Evaluation; Timeliness; Prejudice. Signed by Judge Bush.

Takings; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim. Signed by Judge Horn.

Fifth Amendment Takings; Railsto-Trails; Valuation; Ind. Code §§32-23-11-6, -7, -8. Signed by Judge Horn.

Rule 54 of the Rules of the Court of Federal Claims; Equal Access to Justice Act, 28 U.S.C. § 2412; taxable costs, 28 U.S.C. § 1920; motion for attorney’s fees and expenses; Bill of Costs; government’s position was substantially justified. Signed by Judge Miller, G..

Military Pay Act; back pay; reservist; Motion for judgment on the administrative record; medical retention standards; nonjusticiable Signed by Judge Damich.

Department of Labor RFQ to procure Acquisition Management System; use of GSA Federal Supply Schedule to acquire IT system; FAR Part 8; FAR Part 15 inapplicable; DOL seeking a commercial-off-the-shelf (“COTS”) solution; plaintiff’s pre-award and post-award protests at GAO; DOL’s corrective action; reevaluation of proposals; live product demonstration; past performance evaluation; price reasonableness analysis; DOL’s calculation of Independent Government Cost Estimate (“IGCE”); tradeoff analysis was reasonable and adequately documented; IT Dashboard; DOL complied with duty to evaluate bids fairly and honestly. Signed by Judge Miller, G..

Motion by the government for reconsideration of final judgment; the government’s contradictory posture, judgment having been entered after parties’ voluntary stipulation and request for that final judgment; grounds for reconsideration; awards of damages for partial breach; prematurity of an action; nascent claim for damages not yet scertainable; grounds for dismissal; leave to file a later claim when damages incurred; Restatement (Second) of Judgments § 20; Restatement (Second) of Judgments § 26 Signed by Judge Lettow.

Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1500; In Forma Pauperis Application Signed by Judge Horn.

Tax refund suit; Motion to dismiss under RCFC 12(b)(6); Section 165 – casualty loss; Section 165(h)(5)(E); Legislative history examined; Plain meaning of statutory language requiring that a taxpayer “file a timely insurance claim” as a precondition to taking a nonbusiness casualty loss; Statutory requirement met despite taxpayer’s failure to file timely proof of loss; View consistent with Treasury regulations; Policy arguments rejected; Motion denied. Signed by Judge Allegra.

Bid protest; Motion for judgment on the administrative record; injunctive relief; corrective action; actual evaluation process different from disclosed process; undisclosed eligibility requirements; lack of documentation in the administrative record; decision unsupported by the administrative record Signed by Judge Damich.

Military pay and allowances; review of action by military corrections board; propriety of discharge; promotion claim; right to prior service enlistment bonus; 37 U.S.C. § 308i; money mandating source Signed by Judge Lettow.

Contracts; breach of trust relationship; motion to dismiss for lack of subject matter jurisdiction, RCFC 12(b)(1); statute of limitations, 28 U.S.C. § 2501 (2006); accrual of claim for breach of trust to Native American tribal agency; motion to dismiss for failure to state a claim, RCFC 12(b)(6); requirement of statute that states a specific trust responsibility. Signed by Judge Miller, C..