USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
Updated: 12 hours 12 min ago
General Jurisdiction (Reported)
General Jurisdiction (Unreported)
Vaccine (Reported)
Vaccine (Unreported)
Keywords:
Start date:
End date:

X

There are four categories on the left side of the search bar, each with a check box. The currently visible cateogry is highlighted yellow. To search multiple categories at once, place a check mark next to each desired category. Note if none are selected, the search will default to all categories. You must select additional search parameters (keyword, judicial officer, date range) if you specify a case category.

To search for specific words, enter one or more keywords in the search term box, then click the Search button. To search for a phrase, enclose it in quotes, "like this." Keywords and search terms are not case sensitive. You do not need to use wildcards.

To search by case number, enter the case number in xx-yyy format in the keywords box. The first two digits before the dash are the year in which the case was opened. If this year is 2000 through 2009, include the leading zero for best results.

To search by judicial officer (a particular judge or special master), click the drop-down menu "(judicial officer)" then make your selection from the list. If you decide to not search for a specific judicial officer, choose "(judicial officer)" from the list.

Dates are expected to be month/day/year format, also known as mm/dd/yyyy format. If you use a dash/hyphen as the separator, the search engine will expect the date to be in yyyy-mm-dd format (in other words, the year comes first; this is the European format).

Search results will have relevant terms highlighted so you can see why a particular item appears in the results. Note: Results are limited to 500 items; if your search returns 500 items, try adjusting it to get more specific results.

To clear your search results and view posted opinions, click on one of the category labels.

To close this help text, click on the Help! button again, or click the blue X in the upper right corner of this box.

14-288 • DUFFY et al v. USA

Filed 02/13/2015
REPORTED OPINION and ORDER converting Motion to Dismiss - Rule 12(b)(1) and (6) into a motion for summary judgment under RCFC 56; and granting said motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claim for refund of income tax paid on proceeds of a settlement agreement; "origin of the claim" doctrine; inapplicability of exclusion from taxation under I.R.C. § 104(a)(2); proceeds taxable as ordinary income and not capital gains.

14-713 • FRAMACO INTERNATIONAL, INC. v. USA

Filed 02/11/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion Bid Protest; Omnibus Diplomatic Security and Antiterrorism Act of 1986; Past Project Adjustment for Inflation.

13-906 • TULSA AIRPORTS IMPROVEMENT TRUST v. USA

Filed 02/10/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). The government's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted is DENIED. Pursuant to 28 U.S.C. § 1631, the case shall be transferred to the United States Court of Appeals for the Tenth Circuit. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Dispute over costs allowable under a grantfor a noise abatement program at an airport; displacement of jurisdiction provided by the Tucker Act because of exclusive jurisdiction available under either 49 U.S.C. § 47111, or alternatively, 49 U.S.C. § 46110; transfer to the United States Court of Appeals for the Tenth Circuit; 28 U.S.C. § 1631

12-59 • WOODIES HOLDINGS, L.L.C. v. USA

Filed 02/10/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Contract; Trial; Mail Box Rule

14-1168 • ADAMS AND ASSOCIATES, INC. v. USA

Filed 02/10/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Bid protest; Job Corps Centers; Small Business Set-Asides; Statutory Construction; Workforce Investment Act

14-1115 • UNIVERSAL MARINE COMPANY, K.S.C. v. USA

Filed 02/10/2015
REPORTED ORDER GRANTING THE GOVERNMENT'S CROSS-MOTION. Signed by Judge Susan G. Braden.

Keywords: re: Bid Protest;Interested Bidder;Competition In Contracting Act,31 U.S.C. § 3551;Lowest Price Technically Acceptable Source Selection,48 C.F.R. § 15.101-2;Standing.

13-90 • SHIELDS et al v. USA

Filed 02/06/2015
REPORTED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reported Opinion--Subject Matter Jurisdiction; Cobell v. Norton; Class Action Suit; Fiduciary Duty; Indian Tucker Act

12-142 • QUIMBA SOFTWARE, INC v. USA

Filed 02/05/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Motion to Dismiss; Government Counterclaim; Contract Disputes Act; Subject Matter Jurisdiction; Scope of Contracting Officer Final Decision.

13-454 • PROFESSIONAL PERFORMANCE DEVELOPMENT GROUP, INC. v. USA

Filed 02/04/2015
REPORTED OPINION--Filed this date denying motion. Signed by Judge Lawrence J. Block.

Keywords: Re: Reported Opinion--Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. 7101-09.

07-6 • PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES v. USA

Filed 02/04/2015
OPINION denying Motion for Summary Judgment; denying [168] Cross Motion. Chambers will contact the parties to set up a status conference to discuss a trial schedule for the resolution of this matter. Signed by Judge Francis M. Allegra.

Keywords: Tax; Cross-motions for partial summary judgment; Refund of taxes relating to previously taxed income (PTI); Income from controlled foreign corporation; Partnership Culbertson; Existence of partnership with bona fide partners raised questions of fact; Debt/equity analysis; Review of debt/equity factors; Existence of partnership raises questions of fact; Section 705(a)(1)(B) basis adjustment; Whether basis of plaintiffs interest in LLCs must be increased by distributive share of PTI distributions; Application of section 705 and Subpart F provisions raises questions of fact re: OPINION on Motion for Summary Judgment and Cross Motion.

99-4451 • BANKS, et al v. USA

Filed 01/30/2015
REPORTED OPINION & ORDER denying Plaintiffs' Post-Remand Motion for Entry by this Court of Rulings Consistent With and to Enforce the Federal Circuit Court of Appeals' January 28, 2014 Mandate. By separate order, the court will address further proceedings in light of this ruling. Signed by Chief Judge Patricia E. Campbell-Smith. (vl) Copy to parties. Modified on 4/21/2015 - corrected minor typographical error (jt1).

Keywords: re: Mandate Interpretation; Claim Accrual Principles in Takings Cases Involving Gradual Physical Processes; Permanent Nature of Taking in Determining Claim Accrual; Factual Findings Presented in the Alternative Order on Motion for Miscellaneous Relief, Reported Opinion.

14-378 • AKIMA INTRA-DATA, LLC v. USA

Filed 01/30/2015
REPORTED ORDER denying Motion to Stay. Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; RCFC 62(c); Denial of Motion for Injunction Pending Appeal

14-1243 • CANPRO INVESTMENTS, LTD v. USA

Filed 01/29/2015
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Preliminary Injunction; Contract Performance; Nuisance; Motion to Dismiss; Jurisdiction; Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act (CDA), 41 U.S.C. §§ 7103, 7104; Final Decision Required; Transfer; 28 U.S.C. § 1631.

12-554 • O'BRIEN v. USA

Filed 01/29/2015
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [20] Cross Motion The Clerk is directed to enter judgment. No Costs. Signed by Judge Francis M. Allegra.

Keywords: re: REPORTED OPINION on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion. Military pay case; Cross-motions for judgment on the administrative record; Jurisdiction military pay benefits; Standard of review; Bannum; Use of Abbreviated Medical Evaluation Board Report Processing was proper under the regulations; Disability evaluation; Substantial evidence supported BCNR decision; Navy did not act arbitrarily and capriciously in not providing for further disability screening; Constructive service remedy unavailable; Plaintiffs cross-motion denied; Defendant motion granted.

09-291 • RUBINSTEIN, ESTATE OF v. USA

Filed 01/29/2015
PUBLISHED OPINION. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Tax Refund Claim; Overpayment; RCFC 52; 26 U.S.C. § 6511(h); Rev. Proc. 99-21, 1991-1 C.B. 960; Financial Disability; Physical or Mental Impairment; Suspend Statute of Limitations; Adverse Credibility Finding; Unreliable Expert Testimony.

08-920 • GENEVA ROCK PRODUCTS, INC., ET AL. v. USA

Filed 01/27/2015
REPORTED OPINION: The Clerk is directed to enter judgment. Plaintiffs' Motion for the Approval of Settlement is GRANTED, and plaintiffs' Motion for Court Approval of Fees is GRANTED IN PART. The total settlement award to class plaintiffs is $24,032,540.91, consisting of (a) $14,094,500.00 in principal for the value of the property taken, (b) $8,918,488.58 in interest calculated through November 30, 2014, and (c) $696,753.80 in statutory attorneys' fees and $322,798.53 in litigation costs, both under the Uniform Relocation Act. Class counsel shall retain a 17.5% contingent fee, which fee shall be calculated upon a base amount consisting of the principal and interest payments specified in the settlement agreement. Counsel shall retain the agreed statutory fee and costs and as such, class members shall receive a dollar-for-dollar credit against the contingent fee for the statutory fee paid by the government. Class counsel shall receive the settlement award, shall disburse payments in accord with the settlement agreement, and shall file a notice of compliance once payment has been made. To account for the delay in payment after November 30, 2014, the total interest paid by the government shall increase until the date the judgment is paid using the same method of interest computation as that employed in the settlement agreement, at an annual interest rate of 4.2%. The contingent fee to which class counsel is entitled shall be adjusted upward accordingly. The claims of those class members respecting which the government has previously been granted summary judgment on liability are dismissed, as are those whose claims are not listed for an award in the settlement agreement. Costs have already been encompassed in the settlement agreement. Signed by Judge Charles F. Lettow.

Keywords: re: Rails to trails case; class action; settlement; fairness of settlement; reasonable attorneys' fees to class counsel; application of RCFC 23(h); lodestar cross-check

12-253 • MCCLELLAN v. USA

Filed 01/27/2015
REPORTED OPINION granting Motion for Judgment on the Administrative Record; and denying [12] Cross Motion or, in the alternative, for remand to the ABCMR or transfer to the United States District Court for the District of Columbia. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Military Pay; Motion for Judgment on the Administrative Record.

04-541 • STOCKTON EAST WATER DISTRICT et al v. USA

Filed 01/27/2015
REPORTED OPINION granting Motion for partial final judgment in the amount of $149,950 The Clerk is directed to enter judgment. Status Report due by 2/27/2015 Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion RCFC 54(b); 28 U.S.C. § 2517; Partial Final Judgment

14-2 • MILLER v. USA

Filed 01/26/2015
REPORTED OPINION granting in part (as to Counts I, III, IV, V and VI) and denying in part (as to Count II) Motion for Judgment on the Administrative Record; denying [18] Motion to Supplement the Administrative Record. Pursuant to RCFC 52.2(a) and 28 U.S.C. § 1491(a)(2), plaintiffs Military Pay Act claim (as set forth in Count II) and his requests for ancillary relief are hereby REMANDED to the U.S. Secretary of the Army, acting through the Army Board for Correction of Military Records, so that the Board may have an opportunity to revisit and articulate in detail its rationale on the subject matter. Defendant shall FILE a Status Report by 4/27/2015. Agency Decision on remand shall be FILED by defendant with this court by 7/27/2015. Signed by Judge Lynn J. Bush. (TQ) Copy to parties. Modified on 1/26/2015 - corrected deadlines (jt1).

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Motion to Supplement the Administrative Record, Reported Opinion. Military Pay; Jurisdiction for Monetary Claim Related to Promotion That Was AllegedlyDelayed Improperly; RCFC 12(b)(6); Remand Preferred to Supplementation of theAdministrative Record. (TQ)

13-881 • TOTAL ENGINEERING, INC. v. USA

Filed 01/26/2015
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA ( Status Report due by 2/26/2015) denying [16] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Government Claim; Deductive Credit; 48 C.F.R. § 2.101; Contracting Officers Final Decision; Failure to State a Claim Upon Which Relief Can Be Granted; Rule 8.

Pages