USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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16-784 • PALANTIR USG, INC. v. USA

Filed 11/09/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Commercial Availability; 10 U.S.C. § 2377; Bad Faith; Supplementation to the Administrative Record; Permanent Injunction.

14-1228 • GUSC ENERGY, INC. v. USA

Filed 11/08/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Main Document 58 replaced on 2/10/2017) (jt1).

Keywords: re: Grants Made Under the American Recovery and Reinvestment Act of 2009, Section 1603; Cogeneration Plants; Cost-Basis Allocation; Recapture.

15-1535 • NIPPON PAPER INDUSTRIES USA CO., LTD. v. USA

Filed 11/07/2016
REPORTED OPINION granting in part and denying in part Motion to Compel. Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion to Compel Discovery; Section 1603 of ARRA; Non-Party Documents and Communications. (ad).

16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA

Filed 11/07/2016
REPORTED ORDER denying Motion for Leave to File Amicus Brief. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Leave to File Amicus Brief, Reported Order -- Motion for Leave to File an Amicus Curiae Brief by the United States House of Representatives; Exclusive and Plenary Authority of the United States Department of Justice to Conduct Litigation in Which the United States Is a Party

14-437 • BRASS v. USA

Filed 11/07/2016
REPORTED OPINION granting in part and denying in part Supplemental Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Equal Access to Justice Act, 28 U.S.C. § 2412; Supplemental Motion for Attorneys' Fees and Costs; Timeliness; RCFC 54(d); Reasonable Attorneys' Fees.

16-975 • GREAT SOUTHERN ENGINEERING, INC. v. USA

Filed 11/04/2016
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Past Performance Evaluation; Deference to Agency's Evaluation of Proposals; Meaning of Task Order, Contract, and Project; Effect of Supreme Court's Kingdomware Decision. (ad).

16-1365 • FAVOR TECHCONSULTING, LLC v. USA

Filed 11/03/2016
REPORTED OPINION REPORTED Order granting Motion for Declaratory Judgment; granting [4] Motion for Preliminary Injunction The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED OPINION REPORTED Order granting [4] Motion for Declaratory Judgment; granting [4] Motion for Preliminary Injunction The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: [12]28 U.S.C. § 1491(b)(2) (Administrative Dispute Resolution Act Jurisdiction); 31 U.S.C. §§ 3553(d)(3), (d)(4)(A) (Competition in Contracting Act); 48 C.F.R. § 8.405-3(b)(3) (Blanket Purchase Agreements, Notice of Award); Rules of the United States Court of Federal Claims (RCFC) 11(b), (c)(3), (Sanctions); RCFC 57 (Declaratory Judgment); RCFC 65(d) (Injunction)

11-715 • GROSS, et al. v. USA

Filed 10/31/2016
REPORTED OPINION (Status Report due by 12/5/2016) granting Motion to Certify Class; granting [44] Motion for Summary Judgment; granting [48] Motion to Dismiss; denying [50] Cross Motion.. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Certify Class, Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Cross Motion [Dispositive], Reported Opinion: Sunday premium pay; 5 U.S.C. § 5546(a); Motion for Partial Dismissal; Cross-Motions for Summary Judgment; Renewed Motion to Certify a Class. (MEH)

01-344 • ISLER, et al v. USA

Filed 10/31/2016
REPORTED MEMORANDUM OPINION and ORDER. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (rgh) Copy to parties. (Main Document 195 replaced on 11/1/2016 to add a footnote and direction in the conclusion regarding the consolidated cases.)

Keywords: re: Reported Opinion; Civil Actions for Tax Refund, 26 U.S.C. § 7422; Tax Equity and Fiscal Responsibility Act (TEFRA), 26 U.S.C. §§ 6221-34; Rules of the United States Court of Federal Claims (RCFC) 12(b)(1) (Jurisdiction).

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 10/31/2016
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Grants Made Under the American Recovery and Reinvestment Act, Section 1603; Cost Basis; Allocation of Purchase Price; 26 U.S.C. § 1060; Goodwill; Going Concern Value; Turn-Key Value

15-1049 • CERTIFIED CONSTRUCTION CO. OF KENTUCKY, LLC v. USA

Filed 10/31/2016
REPORTED OPINION denying Motion for Summary Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion for Summary Judgment, Reported Opinion, Contract Disputes Act, Breach of Contract, Requirements Contract, Scope of Requirement, Maximum-Order Limitation.

16-599 • LEFFEBRE v. USA

Filed 10/31/2016
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); directing the Clerk is to enter judgment and accept NO OTHER ACTIONS OR FILINGS BY PLAINTIFF WITHOUT AN ORDER FROM THE CHIEF JUDGE OF THE UNITED STATES COURT OF FEDERAL CLAIMS. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 9676)

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 28 U.S.C. § 1915(g) (Prison Litigation Reform Act of 1996); 28 U.S.C. § 2401 (Federal Tort Claim Act); 28 C.F.R. § 543.32 (Federal Bureau of Prisons Administrative Tort Claims): Rules of the United States Court of Federal Claims ("RCFC") Rules 11(b) (Barring Frivolous Filings), 12(b)(1) (Subject Matter Jurisdiction).

11-268 • SECURITYPOINT HOLDINGS, INC. v. USA

Filed 10/28/2016
REPORTED OPINION on patent validity. Status Report due by 11/18/2016. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: 35 U.S.C. § 103; Patent validity; Obviousness; Graham factors; Secondary considerations; Objective indicia of non-obviousness; hindsight bias

12-321 • LCM ENERGY SOLUTIONS v. USA

Filed 10/27/2016
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Section 1603 of American Recovery and Reinvestment Act; Determination of Cost Basis; Forfeiture of Fraudulent Claims Act; False Claims Act. (ad).

15-1052 • REFAEI v. USA

Filed 10/25/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Contract; Appointment; Motion to Dismiss; Jurisdiction; Due Process Clause.

16-1365 • FAVOR TECHCONSULTING, LLC v. USA

Filed 10/24/2016
REPORTED ORDER Pursuant to the October 24, 2016 Status Conference, the October 19, 2016 Temporary Restraining Order is extended for 10 days until November 3, 2016. Signed by Judge Susan G. Braden.

15-1558 • SULLIVAN v. USA

Filed 10/21/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. [USPS tracking no.: 7014 1200 0000 9093 9614]

Keywords: re: Tax Refund Claim; Subject Matter Jurisdiction; Failure to Pay Taxes or Submit Administrative Claim to IRS; Injunctive Relief.

16-829 • LEVEL 3 COMMUNICATIONS, LLC v. USA

Filed 10/20/2016
REPORTED ORDER granting Motion to Amend Pleadings - Rule 15(a)(2). Signed by Judge Susan G. Braden.

Keywords: re: Amended Complaint RCFC 15(a)

11-804 • SUFI NETWORK SERVICES, INC. v. USA

Filed 10/19/2016
REPORTED OPINION granting Motion for Attorney Fees. Joint Status Report due by 11/18/2016. Signed by Judge Thomas C. Wheeler.

Keywords: re: Application for Attorney's Fees and Expenses; 28 U.S.C. § 2412 (b), (d); Vexatious Government Litigation; Equal Access to Justice Act; Positions Not Substantially Justified; Special Factors Warranting Upward Adjustment; Interest. (ad).

16-1365 • FAVOR TECHCONSULTING, LLC v. USA

Filed 10/19/2016
REPORTED ORDER granting Motion for TRO. Signed by Judge Susan G. Braden.

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