USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-1236 • JOHNSON v. USA

Filed 03/10/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [19] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Lynn J. Bush.

Keywords: re: Disability Retirement Benefits; 10 U.S.C. § 1201 (2012); No Error in Decision of Military Records Correction Board.

15-1495 • PRECISION ASSET MANAGEMENT CORP. v. USA

Filed 03/08/2016
REDACTED REPORTED OPINION (Originally filed as a sealed opinion on February 26, 2016. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion - Post-Award Bid Protest; Subject Matter Jurisdiction; Standing; Economic Interest; Substantial Chance.

15-1290 • INNOVATIVE TEST ASSET SOLUTIONS LLC v. USA

Filed 03/07/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 26, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; agency's reevaluation as part of GAO's recommended corrective action; implied duty to fairly and honestly consider protestor's proposal during reevaluation; technical risk factors; cost-price considerations, including price realism; past performance.

15-714 • WOLENS v. USA

Filed 03/04/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6) and denying [17] Motion for Summary Judgment. For the reasons stated, the government's motion to dismiss under RCFC 12(b)(6) is DENIED. Plaintiff's motion for summary judgment under RCFC 56(a) is also DENIED. The government is requested to file its answer to plaintiffs complaint by March 25, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Tax case; payments to former spouse pursuant to English divorce decree; statutory test for alimony; I.R.C. § 71(b)(1); IRS's inconsistent position in tax case involving former spouse pending before the Tax Court.

15-1244 • CHE CONSULTING, INC. v. USA

Filed 03/02/2016
REPORTED OPINION reissuing OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Bid Protest; FSS Contract; Department of Defense; Defense Logistics Agency; Consolidation of Procurement for Hardware and Software Maintenance Services; Motion to Dismiss; Standing; Cross-Motions for Judgment on the Administrative Record; Motion for Leave to Conduct Discovery and to Supplement the Administrative Record; Motion to Strike

15-1015 • AVKARE, INC v. USA

Filed 03/01/2016
Reissuance of Opinion and Order Filed Under Seal 2/25/16. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Stay Judgment Pending Appeal; RCFC 62(c); Injunction

13-478 • 8x8, INC. v. USA

Filed 02/29/2016
REPORTED OPINION denying Motion for Summary Judgment; granting [40] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. (Main Document 49 replaced on 2/29/2016 to correct spelling of counsel's name.)

Keywords: re: Summary Judgment; Tax Refund; I.R.C. § 6415; Federal Communications Excise Tax; I.R.C. § 4251; Prepaid Telephone Card; Treas. Reg. § 49.4251-4; I.R.S. Notice 2006-50

15-123 • STANFORD v. USA

Filed 02/29/2016
REPORTED OPINION finding as moot Motion to Intervene; finding as moot [5] Motion to Intervene; granting [11] Motion to Dismiss The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:28 U.S.C. § 1491 (Tucker Act Jurisdiction); Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Motion to Dismiss).

12-209 • HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA et al v. USA

Filed 02/25/2016
REPORTED ORDER granting Motion for Summary Judgment; ( Status Report due by 4/25/2016). Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit - Court Exhibits A, B, and C)

Keywords: re:28 U.S.C. § 1491(b)(1)(Tucker Act Jurisdiction);42 U.S.C. § 1437f (Section 8);Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844, 24102440 (2007); Omnibus Appropriations Act, 2009, Pub. L. No. 111-8, 123 Stat. 524, 952958 (2009); Omnibus Consolidation Rescissions & Appropriations Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321 (1996); RESTATEMENT (SECOND) OF CONTRACTS §§ 23 cmt. b, 153(b), 154, 178, 204, 214 cmt. d (1981); Rules of the United States Court of Federal Claims (RCFC) RCFC 56(c) (Summary Judgment).

15-1586 • ALLEN v. USA

Filed 02/25/2016
ORDER dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Opinion Pro Se Plaintiff; In Forma Pauperis Application; request for Appointment of Counsel; Lack of Subject Matter Jurisdiction

15-1015 • AVKARE, INC v. USA

Filed 02/25/2016
Reissuance of Opinion and Order Filed Under Seal 2/12/16. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Contract Disputes Act; Requests for Modification; Federal Supply Schedule; 48 C.F.R. § 515.408; Commercial Sales Practices; Interpretation of Regulations; Plain Meaning; Lack of Good Faith; De Facto Debarment.

14-296 • FREDERICKS et al v. USA

Filed 02/24/2016
REPORTED ORDER: The government's motion to dismiss is DENIED in part and otherwise DEFERRED for prudential reasons, awaiting resolution of pending administrative proceedings. On or before March 11, 2016, defendant shall file an answer to plaintiffs' amended complaint. Signed by Judge Charles F. Lettow.

Keywords: Indian breach-of-trust case; standing of heirs to challenge BIA's actions respecting estate assets; motion to dismiss for failure to state a claim; RCFC 12(b)(6); time of vesting of heirs' property interests; BIA's money-mandating fiduciary duties in entering and approving leases of Indian agricultural lands and mineral rights

15-793 • FLOYD v. USA

Filed 02/24/2016
REPORTED OPINION and ORDER denying Motion for Leave to Proceed in forma pauperis; and dismissing plaintiff's complaint for lack of jurisdiction. No costs. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Lack of Jurisdiction; Failure to State a Claim; Patent; Statute of Limitations; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1498; RCFC 12(b)(1); RCFC 12(b)(6).

10-851 • ADKINS et al v. USA

Filed 02/23/2016
REPORTED OPINION. The court dismisses plaintiffs' complaint with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Trial; Income Tax Refund; Theft Loss; IRC § 165; 26 C.F.R. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Reasonable Prospect of Recovery; Ascertain With Reasonable Certainty

13-1026 • MCALLISTER et al v. USA

Filed 02/22/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Tax refund; motion for summary judgment; carryback of net operating loss; 26 U.S.C. § 172(b)(1)(H); financial disability; 26 U.S.C. § 6511(h)

15-342 • INTER-TRIBAL COUNCIL OF ARIZONA, INC. v. USA

Filed 02/22/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Indian Tribe Claims; Breach of Trust Obligations; Breach of Fiduciary Duty; Indian Tucker Act, 28 U.S.C. § 1505; Arizona-Florida Land Exchange Act of 1988, Pub. L. No. 100-696; 25 U.S.C. § 162a; American Indian Trust Fund Management Reform Act of 1994, Pub. L. No. 103-412; Motion to Dismiss; Subject Matter Jurisdiction; Rule 12(b)(1); Failure to State a Claim; Rule 12(b)(6); Statute of Limitations; 28 U.S.C. § 2501; Ripeness

15-73 • VIR v. USA

Filed 02/22/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Tax; Motion to Dismiss; RCFC 12(b)(1); 26 U.S.C. § 6672; Trust Fund Recovery Penalty; Full Payment Rule; Divisible Taxes. Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion

15-1440 • JOHNSON CONTROLS GOVERNMENT SYSTEMS, LLC v. USA

Filed 02/19/2016
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [14] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Late Submittal of Proposal; FedConnect Electronic Filing System; FAR 52.215-1.

15-1536 • LOCKHEED MARTIN CORPORATION v. USA

Filed 02/19/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 11, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; motion for preliminary injunction; likelihood of success; discussions; FAR § 15.306; equal treatment; irreparable injury.

15-1041 • MACAULAY-BROWN, INC. v. USA

Filed 02/18/2016
REPORTED OPINION (PUBLISHED). Plaintiffs' motions for judgment on the administrative record are GRANTED. The government's and Jacob's cross-motions for judgment on the administrative record are DENIED. The agency's decision is VACATED. The matter is REMANDED to the agency until May 10, 2016. The government shall submit a status report at or before the conclusion of the remand period. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Bid Protest; Motion for Judgment on the Administrative Record; Corrective Action

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