USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

12-507 • BAILEY, JR. et al v. USA

Filed 10/19/2016
REPORTED OPINION: Approval of the parties' proposed settlement agreement is GRANTED. The Clerk is directed to enter judgment in favor of the class for $622,374.12, plus interest. The award consists of $324,928.65 in principal for the value of the land allegedly taken, $57,445.47 in interest calculated through September 20, 2016, $240,000 in statutory attorneys' fees and costs to be reimbursed to class counsel under the Uniform Relocation Act, and interest at the rate of 3.55% on $324,928.65 from September 21, 2016, compounded annually, until the judgment is paid. The Clerk is directed to enter judgment in accord with this disposition. Costs are encompassed in the settlement agreement. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; settlement; fairness hearing. (MZ)

16-28 • TAYLOR v. USA

Filed 10/19/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Senior Judge Eric G. Bruggink. (ar) Copy to parties. (Plaintiff served via certified mail; Article No. 7011 0470 0002 5084 3594)

Keywords: re: Jurisdiction; Transfer pursuant to Section 1632; Section 1500.

16-945 • DORADO SERVICES, INC. v. USA

Filed 10/18/2016
REPORTED OPINION Redacted Opinion and Order Denying Plaintiff's Motion for Judgment on the Administrative Record/Granting Defendant's Cross-Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Small Business Administration; HUBZone Program; HUBZone Status Protest; Bid Protest Jurisdiction; 35% Residency Requirement.

13-619 • ENTERGY NUCLEAR INDIAN POINT 2, LLC v. USA

Filed 10/13/2016
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: Spent Nuclear Fuel Case; Damages for Partial Breach of DOEs Standard Contract; Effect of Federal Circuits System Fuels Decision; Plaintiffs Burden to Prove Causation; Reasonable Certainty of Damages; Reasonable Mitigation Efforts. (ad).

15-824 • DREAMWORKS ANIMATION,SKG, INC. AND SUBSIDIARIES v. USA

Filed 10/07/2016
REPORTED OPINION denying Motion for Summary Judgment; granting [18] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Summary Judgment; Order on Cross Motion [Dispositive]; Reported Opinion; Tax Refund Suit; Summary Judgment; RCFC 56; American Jobs Creation Act of 2004, Pub. L. No. 108-357, 118 Stat. 1418 (2004); Extraterritorial Income; Effective Date Provision; Transition Rule; Savings Clause

15-587 • SUNOCO, INC. v. USA

Filed 10/06/2016
REPORTED OPINION denying Motion to Compel. Signed by Judge Thomas C. Wheeler.

Keywords: re: Discovery Dispute Regarding IRS Notice 2015-56; Skidmore Deference; Internal IRS Documents Not Relevant to Resolving Legal Issue Under 26 U.S.C. § 6426(b).

15-1263 • CLAUDE MAYO CONSTRUCTION COMPANY, INC. v. USA

Filed 10/06/2016
REPORTED OPINION (Status Report due by 12/6/2016) granting Motion to Dismiss - Rule 12(b)(1); granting [11] Cross Motion. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Motion to Dismiss; Tucker Act; Contract Disputes Act; Claim; Sum Certain.

16-1114 • LOCH HARBOUR GROUP, INC. v. USA

Filed 10/06/2016
REDACTED MEMORANDUM OPINION AND ORDER DENYING plaintiff's motions for a preliminary injunction and for a temporary restraining order. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Opinion: 28 U.S.C. § 1491(b); Pre-Award Bid Protest; Motion for a Preliminary Injunction, RCFC 65(a); Motion for a Temporary Restraining Order, RCFC 65(b).

12-641 • ENTERGY NUCLEAR PALISADES, LLC v. USA

Filed 10/06/2016
REPORTED OPINION: The Clerk is directed to enter judgment in favor of plaintiff in the amount of $13,828.676.00. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion: Spent Nuclear Fuel; Breach ofContract; Reasonable Mitigation Efforts; But-For Causation.

15-1563 • CALIFORNIA DEPARTMENT OF WATER RESOURCES v. USA

Filed 10/04/2016
MEMORANDUM OPINION AND ORDER. The Court GRANTS the government's motion to dismiss. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: 28 U.S.C. § 1491(a); Contract Disputes Act, 41 U.S.C. §§ 7101-09.

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 10/03/2016
ORDER reissuing for publication OPINION and ORDER [335]. Signed by Judge Margaret M. Sweeney.

Keywords: re: Motion to Compel Discovery; RCFC 26(b); Presidential Communications Privilege; Deliberative Process Privilege; Bank Examination Privilege; In Camera Review; Vaughn Index.

16-94 • WATKINS v. USA

Filed 09/30/2016
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7012 3460 0001 7791 6985)

Keywords: re: Collateral Estoppel; Res Judicata.

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