USCFC General Jurisdiction-Reported

Correction of Military Records, 10 U.S.C. § 1552; Motion To Dismiss, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

Military Pay; No Waiver of Sovereign Immunity for Damages Related to Delayed Satisfaction of a Money Judgment Against the United States; No Right to Promotion Based on Mandatory Retirement Statutes; Standard of Review for Decisions Issued by a Board for the Correction of Military Records. Signed by Judge Bush.

Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Frivolous Claims; Motion for Summary Dismissal; Subject Matter Jurisdiction; RCFC 12(b)(1); Purported Takings Claim; Claims Against Parties Other Than the United States; Tort-Based Claims; Claims Alleging Breach of the Uniform Commercial Code; 28 U.S.C. §§ 1495, 2513; Unjust Conviction and Imprisonment; Transfer Not in the Interest of Justice; 28 U.S.C. § 1631 Signed by Judge Sweeney.

Motion for Reconsideration; Standing to Sue the United States for Copyright Infringement Under 28 U.S.C. § 1498(b); United States Is Not Liable for Copyright Infringement by Third Parties Not Acting with the Government’s Authorization or Consent; United States Cannot Be Held Liable for Secondary Copyright Infringement Signed by Judge Hewitt.

Rails to Trails Act; statute of limitations; motion for class certification; Bright v. United States, 603 F.3d 1273 (Fed. Cir. 2010) Signed by Judge Bruggink.

Pre-Award Bid Protest; Failure to Provide Requested Information to Confirm HUBZone Status. Signed by Judge Bush.

Post-Award Bid Protest; Failure to Provide Requested Information to Confirm HUBZone Status Signed by Judge Bush.

Military pay; Cross-Motions for Judgment on the Administrative Record; RCFC 56.1; Arbitrary and Capricious Standard of Review; Temporary Disability Retirement List, Correction of Military Record Signed by Judge Smith.

National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Taking Claim; Railroad’s Abandonment of Easement; Federal Board’s Notice of Interim Trails Use Blocked Reversion to Fee Simple Landowners Under Kansas Law. Signed by Judge Wheeler.

Fifth Amendment Taking; Motion to Dismiss; Statute of Limitations, 28 U.S.C. § 2501; Accrual Suspension; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

Expert reports; RCFC 26 – mandatory disclosure of expert testimony; RCFC 26(a)(2)(C)(ii) – rebuttal reports; Report filed by defendant that contradicted the methodology employed by plaintiff’s expert is rebuttal report; RCFC 26(e)(1)(A) – supplemental report; RCFC 37(c)(1) – sanctions; Delay harmless; Report not excluded; Lesser sanction imposed. Signed by Judge Allegra.

Government contract case; Cross-motions for summary judgment; Federal Housing Act – prepayment of housing loans; 28 U.S.C. § 1491 – Tucker Act; 28 U.S.C. § 2501 – six- year statute of limitations; ELIHPA; Contract breach claim; Accrual; Franconia; Repudiation; Request for prepayment; Breach when performance due; Tamerlane; Subjective intent; Continuing claims doctrine; Multiple requests for single performance; Contract claim untimely; Takings claim; Accrual; Takings claim untimely. Signed by Judge Allegra.

Pre-Award Bid Protest; Sufficient Information About Quantities Given to Bidders; FAR 15.404-1(g) Irrelevant to Dispute Signed by Judge Hewitt.

Fifth Amendment Taking; Rails to Trails; Fee versus Easement; Deed Interpretation Signed by Judge Horn.

Contract Disputes Act; Eichleay Damages; Unabsorbed Overhead; Standard for “Standby” Damages; Equitable Adjustment; Breach of Contract; Constructive Change; Commercial Impracticability; Doctrine of Economic Waste Signed by Judge Block.

Fifth Amendment Takings Clause; Rails to Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Indiana Law; Interest of Adjoining Landowner to Railroad Right-of-Way; Railroad Easement Abandonment, Ind. Code § 32-5-12-6 (2010); Scope of Railroad Easement Signed by Judge Firestone.

Pro Se Standard; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); ADA Claims; Rehabilitation Act Claims;ARRA Claims; 42 U.S.C. § 6863 Signed by Judge Smith.

Cross-Motions for Summary Judgment; RCFC 56(c); Intended Third-Party Beneficiary Rights; Flexfab, L.L.C. v. United States; D & H Distribution Company v. United States; Subcontractor Privity in Government Contracts Signed by Judge Smith.

Post-trial decision on damages in a timber-sale case; unreasonable actions by the Forest Service leading to suspensions of the sales; undue delay in lifting the suspensions; foreseeability; mitigation; viability of pass-through claim; lost profits; claim preparation costs; interest Signed by Judge Lettow.

Administrative Procedure Act, 5 U.S.C. §§ 702-706; Correction of Military Records, 10 U.S.C. § 1552; Department of Defense Directive 1350.2; Judgment On The Administrative Record, RCFC 52.1; Military Pay Act, 37 U.S.C. § 204; Motion To Dismiss, RCFC 12(b)(1); Office of Naval Intelligence Instruction 1610.2; Transfer of an Action, 28 U.S.C. § 1631; Tucker Act, 28 U.S.C. § 1491; UNITED STATES CONSTITUTION amend. V; Venue, 28 U.S.C. § 1391. Signed by Judge Braden.