USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-1025 • WEEKS v. USA

Filed 01/15/2016
REPORTED OPINION denying MOTION for Summary Judgment filed by USA. Status Report due by 2/16/2016. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion - RCFC 56; Summary Judgment; Genuine Issue of Material Fact.

06-30 • RUSSIAN RECOVERY FUND LIMITED v. USA

Filed 01/15/2016
AMENDED REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Taxation of partnership; bona fide partnership; 26 U.S.C. § 704; 26 U.S.C. § 721; FPAA; economic substance; step transaction; Culbertson; penalties; reasonable reliance on tax advice

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 01/13/2016
REPORTED OPINION denying defendant's Motion to Dismiss pursuant to Rule 12(b)(1). Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order - Contract Disputes Act of 1978; Motion to Dismiss; RCFC 12(b)(1); Contractual Indemnity; Placeway; Breach of Contract; J. Cooper.

15-1197 • US SECURITIES ASSOCIATES, INC. v. USA

Filed 01/12/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Post-award bid protest; fixed price; lowest priced technically acceptable offer; contingent offer; jurisdiction; standing; prejudice.

14-284 • HOLMBERG v. USA

Filed 01/12/2016
REPORTED ORDER on claim construction. Signed by Judge Edward J. Damich. (lp1) Copy to parties.

Keywords:Claim Construction; Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996); Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005).

15-634 • BIAS v. USA

Filed 01/12/2016
REPORTED ORDER granting Motion to Remand, with the case to be remanded to the BCNR for a period not to exceed six months; staying the case pending the results of the remand; and directing defendant to submit status reports every 90 days. Signed by Judge Charles F. Lettow. (dls) Copy to parties and certified copy of the order served on the BCNR.

Keywords: re: Military pay and abatement claim; failure of correction board to address relevant facts; remand.

15-776 • JOHNSON v. USA

Filed 01/12/2016
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying, as moot, [6] Motion to Appoint Counsel; and granting [3] Motion for Leave to Proceed in forma pauperis, subject to plaintiff's obligation to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; 28 U.S.C. § 1915; 28 U.S.C. § 1491(a); 28 U.S.C. § 1346(b)(1); In Forma Pauperis.

15-1405 • AMIDON, INC. v. USA

Filed 01/07/2016
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: re: REPORTED MEMORANDUM OPINION AND ORDER: The Tucker Act, 28 U.S.C. § 1491(b)(1); Post-Award Bid Protest; Motion for Preliminary Injunction, RCFC 65.

15-237 • ITILITY, LLC v. USA

Filed 01/07/2016
REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported OpinionPre-award bid protest; Rule 12(b)(1) motion to dismiss; Contractor Performance Assessment Report; 48 C.F.R. § 42.1503(b)(1), (d); contract administration under Contract Disputes Act, 41 U.S.C. § 7101 et seq.; not ripe; no subject-matter jurisdiction.

15-445 • BOTTOM LINE, INC. v. USA

Filed 01/07/2016
REPORTED ORDER granting Defendant's Partial Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order: Physical taking; regulatory taking; motion to dismiss; Rule 12(b)(6).

15-999 • MENDIOLA v. USA

Filed 01/06/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. Modified on 2/19/2016 - correction to pdf (jt1).

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); Federal Criminal Code; Federal Tort Claims Act; 42 U.S.C. § 1983; Sixth Amendment; Eighth Amendment.

15-560 • WYANDOT NATION OF KANSAS v. USA

Filed 01/04/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties Owed to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders; Standing.

13-940 • SONOMA APARTMENT ASSOCIATES v. USA

Filed 12/30/2015
REPORTED OPINION granting Motion for Summary Judgment and granting [36] Motion to Dismiss. Joint Status Report due by 1/29/2016. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Order on Motion to Dismiss and Motion for Summary Judgment -- Motion for Partial Summary Judgment on Liability; Motion to Dismiss; ELIHPA; HCDA; Prepayment of Loan; Effect of Entry of Partial Summary Judgment on Liability for Breach of Contract on Fifth Amendment Takings Claim

12-889 • SEARS et al v. USA

Filed 12/22/2015
REPORTED OPINION Granting Plaintiffs' Motion for Division of Class Into Subclasses, Motion for Trial Setting as to the Angularly-Bisected Agricultural-Property Subclass, and Notice of Partial Withdrawal from Settlement Negotiations. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; withdrawal from incomplete settlement agreement; absence of mutual agreement; division of a class into subclasses; RCFC 23(c)

15-1171 • FFL PRO LLC v. USA

Filed 12/18/2015
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Past Performance; Solicitation Interpretation; Evaluation of Proposals; Inadequate Explanation of Exercise of Discretion; Assignment of Strengths and Weaknesses; Best Value Tradeoff; Injunctive Relief

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 12/17/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [9] Motion for More Definite Statement. Plaintiffs shall file an amended complaint on or before January 26, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for More Definite Statement, Reported Opinion: Patent case; 28 U.S.C. § 1498(a); standing to sue; joinder of holders of all substantial rights under the patent; motion for a more definite statement; RCFC 8(a)(2), RCFC 12(e).

15-1033 • OCTO CONSULTING GROUP, INC v. USA

Filed 12/17/2015
REPORTED OPINION Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Equal Access to Justice Act, 28 U.S.C. § 2412(d)(2)(B)(ii); Federal Acquisition Regulation (FAR),48 C.F.R. §8.4, Federal Supply Schedules, 48 C.F.R. §8.405-3, Blanket Purchase Agreements; Federal Agency Procurement, 41 U.S.C. § 152(3); Interested Party, 28 U.S.C. § 1491(b)(1); Rules of the United States Court of Federal Claims (RCFC), RCFC 52.1, Administrative Record.

14-123 • GREENE v. USA

Filed 12/17/2015
REPORTED OPINION and ORDER denying Motion to Stay; denying [22] Motion to Compel; denying [29] Motion for Summary Judgment; and granting [30] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Summary Judgment; RCFC 56; 31 U..S.C. § 3720A; Motion to Compel; Motion to Stay; Illegal Exaction; Offset; Notice; Criminal Fine; Debt; Past Due; Certification.

13-80 • SUMMIT MULTI-FAMILY HOUSING CORPORATION v. USA

Filed 12/17/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; RCFC 12(b)(1); Contracts Disputes Act; 41 U.S.C. § 7102(a)(2); Takings Clause; Bid Protest; Corrective Action

12-395 • LAMBERT et al v. USA

Filed 12/16/2015
REPORTED OPINION granting approval of proposed settlement and approving with modification class counsel's motion for fees. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Rails-to-Trails; Class Action; Final Approval of Settlement Agreement; Modification and Approval of Class Counsel Fees

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