USCFC General Jurisdiction-Reported

Back Pay Act, attorney suing for attorney's fees, direct suit, Defendant. money-mandating source. Signed by Judge Margolis.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY DISMISSAL Signed by Judge Williams.

Sanction Under Rule 11 Directing Clerk of Court Not to Accept Future Filings Without Leave of Court Signed by Judge Hewitt.

28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011); plaintiffs were unnamed members of a non-opt out Historical Accounting Class certified by the district court in the Cobell case; plaintiffs had claims pending in the Cobell case when they filed their complaint in this case; plaintiffs’ claims in this action are based on substantially the same operative facts as the Historical Accounting Claims in Cobell; plaintiffs’ action is dismissed pursuant to RCFC 12(b)(1) without prejudice. Signed by Judge Miller, G..

Fair Labor Standards Act; Willful Violations; Statute of Limitations; Liquidated Damages; Good Faith; Calculation of Damages Signed by Judge Hewitt.

Contracts; subject matter jurisdiction; RCFC 12(b)(1), (6), motion to dismiss; statute of limitations, 28 U.S.C. § 2501 (2006); accrual suspension rule; implied-in-fact contract, 28 U.S.C. § 1491(a)(1). Signed by Judge Miller, C..

26 U.S.C. § 4261; 26 U.S.C. § 4281; 26 U.S.C. § 6662; 26 U.S.C. § 4041(c); Treas. Reg. § 49.4263-5(c); Air Transportation Excise Tax; air taxi; “operated on an established line;” “some degree of regularity;” “between definite points;” “maintains and exercises control;” primary liability. Signed by Judge Baskir.

26 U.S.C. § 4261; 26 U.S.C. § 4281; 26 U.S.C. § 6662; 26 U.S.C. § 4041(c); Treas. Reg. § 49.4263-5(c); Air Transportation Excise Tax; air taxi; “operated on an established line;” “some degree of regularity;” “between definite points;” “maintains and exercises control;” primary liability. Signed by Judge Baskir.

Federal Acquisition Streamlining Act, Pub. L. No. 103-355, 108 Stat. 3243 (1994); limitation on protests of civilian agency task or delivery orders; 41 U.S.C. § 4106(f); expiration of limitation; National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 110-181, 122 Stat. 239; interpretation of sunset provision in 2008 NDAA in light of later enactments; restoration of limitation on protests of task or delivery orders after plaintiff filed bid protest action; National Defense Authorization Act for Fiscal Year 2012, Pub. L. No. 112-81, 125 Stat. 1298 (2011); retroactivity analysis; restoration of limitation did not affect plaintiff’s pending action; presumption against retroactivity; Landgraf v. USI Film Products, 511 U.S. 244 (1994); Princess Cruises, Inc. v. United States, 397 F.3d 1358 (Fed. Cir. 2005); court has jurisdiction to hear protests of corrective action taken during procurement; prior awardee has standing to protest corrective action; protest of corrective action ripe for judicial review; decision to take corrective action was reasonable; nature and scope of corrective action was reasonable under circumstances; clarification of ambiguity in initial solicitation. Signed by Judge Miller, G..

Fifth Amendment Rails-to-Trails Takings Claim; Ownership of Land Underlying Railroad Easement; Florida Property Law Signed by Judge Hewitt.

Petition for Review; National Vaccine Injury Act; 42 U.S.C. § 300aa-12(e); 42 U.S.C. § 300aa-15(e); 42 U.S.C. § 300aa-21(a); 42 U.S.C. § 300aa-12(d); Interim Fee Award; Reasonable Basis for Vaccine Act Claim for Compensation. Signed by Judge Williams.

National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP vaccine; SCN1A genetic mutation; Dravet’s Syndrome; alternative causation; sole substantial factor unrelated to the vaccine; Restatement (Second) of Torts; Althen v. Secretary of Health & Human Services, 418 F.3d 1274 (Fed. Cir. 2005); Shyface v. Secretary of Health & Human Services, 165 F.3d 1344 (Fed. Cir. 1999). Signed by Judge Miller, G..

Suit for refund of allegedly overpaid operating and maintenance costs of the American Falls Replacement Dam; supplemental complaint following decision by Idaho Snake River Basin Adjudication Court; RCFC 15(d); relation-back doctrine Signed by Judge Lettow.

Military Temporary Living Allowance; Overpayment; Debt; Government Counterclaim; Review of Decision of Defense Office of Hearings and Appeals; Joint Federal Travel Regulation U4129-E; 28 U.S.C. § 1491(a)(1); 31 U.S.C. § 3702; 37 U.S.C. § 474; 37 U.S.C. § 202; Justiciability. Signed by Judge Williams.

Subject Matter Jurisdiction; RCFC 12(b)(1); Back Pay Claim; Fisher; Jan’s Helicopter Service, Inc.; Failure to Allege Separation From Military; Plaintiff Not Within Class Entitled to Recover Under Military Pay Act; No Money-Mandating Claim; RCFC 12(b)(6); Promotion Claim; Equitable Relief Not Available; 28 U.S.C. § 1491(a)(2); No Jurisdiction Under Administrative Procedure Act; Transfer to District Court Appropriate; 28 U.S.C. § 1631 Signed by Judge Sweeney.

Indian Trust Claim; 28 U.S.C. § 1500; Tecon is not overruled Signed by Judge Smith.

Summary Judgment; Claims; Barred by Controlling Precedent. Signed by Judge Bush.

Takings action; Motion for reconsideration under RCFC 59; 28 U.S.C. § 1500; Motion denied. Signed by Judge Allegra.

Motion to Continue Stay; Indefinite Stay; Finality of Judgment; Change In Law; RCFC 1; RCFC 60(b). Signed by Judge Williams.

Preaward bid protest; Jurisdiction – 28 U.S.C. § 1491(b)(1); Interested party; Contractor could not challenge agency decision to shift management of agency program to third contractor under existing task order contract; Distributed Solutions distinguished; No bid protest jurisdiction to review agency decision not to exercise option; Management contractor was not agent of federal agency; Relief denied. Signed by Judge Allegra.