USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-595 • ARROYO v. USA

Filed 07/14/2014
REPORTED OPINION and ORDER (Reissuance of Sealed Opinion and Order, filed June 18, 2014 for publication). Signed by Judge Elaine D. Kaplan.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Judicial Review of Military Decisions; DoDI 1241.2; Extended Active Duty; DoDI 6485.01; Human Immunodeficiency Virus (HIV); Disability Evaluation System (DES); Constructive Service Doctrine; Unauthorized Acts by Government Agents(dls) Modified on 7/22/2014 (jt1).

14-243 • SEK SOLUTIONS, LLC v. USA

Filed 07/11/2014
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Bid protest; Small Business Set-Asides; Statutory Construction; Rule of Two. (md) Modified on 7/21/2014 (jt1).

14-406 • VEHR v. USA

Filed 07/02/2014
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of addressing the court's jurisdiction; finding that the court lacks jurisdiction over plaintiff's claim; and directing the Clerk to transfer plaintiff's complaint to the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. § 1631. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion and Order Pro Se; Lack of Subject Matter Jurisdiction; Transfer in the Interest of Justice under 28 U.S.C. § 1631. (dls) Modified on 7/11/2014 (jt1).

08-533 • CARDIOSOM, L.L.C. v. USA

Filed 06/30/2014
REPORTED OPINION granting Plaintiff's Motion for summary judgment on contract liability, and denying [41] Defendant's Cross Motion for summary judgment on contract liability. The parties are directed to file a proposed schedule for briefing on summary judgment on damages no later than July 21, 2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Cross Motion [Dispositive], Reported Opinion, Cross-Motions for Summary Judgment; RCFC 56(a); Breach of Contract; Contract Interpretation; Risk-Shifting Contract Language

13-247 • PALAFOX STREET ASSOCIATES, L.P. v. USA

Filed 06/30/2014
REPORTED OPINION Notice of Compliance due by 7/30/2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Election Doctrine; Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1)

12-481 • STEPHAN v. USA

Filed 06/30/2014
REPORTED OPINION granting Cross-Motion for Summary Judgment; denying [13] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion: Living Quarters Allowance, Overseas Differentials and Allowances Act of 1960, 5 U.S.C. 5921 et seq.

06-828 • KINGMAN REEF ATOLL INVESTMENTS, L.L.C. et al v. USA

Filed 06/30/2014
REPORTED OPINION denying Motion for Summary Judgment; granting [127] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. Modified on 7/24/2014 (corrected pdf) (jt1).

Keywords: re: RCFC 56 Motions for Summary Judgment; Takings; Equitable Estoppel; Lost Grant; Adverse Possession; Statute of Limitations. (jm5) Modified on 7/10/2014 (jt1).

14-233 • ARKRAY USA, INC. v. USA

Filed 06/26/2014
PUBLISHED OPINION (Reissuance of Opinion filed under seal on June 18, 2014). Signed by Judge Nancy B. Firestone.

Keywords: re: Published Opinion: Bid Protest; Federal Supply Schedule; Uniform Formulary; 28 U.S.C. § 1491(a)(2), Remand

13-764 • NATIONAL AIR CARGO GROUP, INC. v. USA

Filed 06/26/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Motion to Dismiss; Aviation Insurance, 49 U.S.C. ch. 443; Jurisdiction; Joinder; Declaratory Judgment Act. Modified on 7/22/2014 (jt1).

12-366 • KELLOGG BROWN & ROOT SERVICES, INC. v. USA

Filed 06/26/2014
REPORTED OPINION granting in part and denying in part Defendant's Motion for Protective Order. Defendant shall respond to plaintiff's Document Requests Nos. 1 and 2 on or before 7/28/2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Protective Order, Reported Opinion: Motion for Protective Order; discovery; document request; RCFC 26(c)(1); good cause; relevancy; overbroad; undue burden; cumulative; duplicative; timeliness; government contract.

14-261 • LABORATORY CORPORATION OF AMERICA HOLDINGS v. USA

Filed 06/23/2014
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Agency's Use of Unstated Evaluation Criterion; Improper "Apples and Oranges" Price Comparison; Failure to Account for Offeror's Pricing Errors; Irrational Technical Evaluation; Two Conflicting Source Selection Decisions; Standards for Injunctive Relief.(jc) Modified on 7/21/2014 (jt1).

13-88 • B & H MEDICAL, LLC v. USA

Filed 06/23/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Defendant's motion to dismiss is DENIED as to Count I, and GRANTED as to Count II. The Clerk is directed to enter judgment as to Count II only. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Chevron Deference; Regulatory Interpretation; Motion to Dismiss for Lack of Subject Matter Jurisdiction under RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim under RCFC 12(b)(6); Medicare Reimbursement Claim.

14-371 • CHEROKEE NATION TECHNOLOGIES, LLC v. USA

Filed 06/23/2014
REPORTED OPINION re: [38]Seal Opinion filed under seal on June 10, 2014. Signed by Judge Francis M. Allegra.

Keywords: re: Bid protest reviewing corrective action and sole-source bridge contract award; Motion for preliminary injunction; Bridge contract for information technology services; 10 U.S.C. § 2304; FAR § 6.3021(c); Advance planning requirement for sole-source contract award not satisfied; Preliminary injunction issued; Performance of bridge contract enjoined. (si) Modified on 7/11/2014 (jt1).

13-297 • DAWSON v. USA

Filed 06/18/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. (Main Document 19 replaced on 6/19/2014 to add electronic signature)

Keywords: re: Jurisdiction; Veterans Administration; employment; equitable remedies; intermittent schedule; fraud and coercion. (md) Modified on 7/15/2014 (jt1).

10-51 • NORMANDY APARTMENTS, LTD. v. USA

Filed 06/17/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and Motion for Summary Judgment. Defendant's motion to dismiss is denied; defendant's motion for summary judgment is granted. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and Motion for Summary Judgment Reported Opinion, Regulatory Taking; Fifth Amendment; Housing Assistance Payments; Public Housing Authority

13-833 • OUTLAW v. USA

Filed 06/17/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (hw1) Copy to parties. Modified on 6/19/2014 to edit docket text.

Keywords: re: Subject Matter Jurisdiction; RCFC 12(b)(1); Breach of Settlement Agreement; Invalid Settlement Agreement; Merit Systems Protection Board Final Order. (hw1) Modified on 7/22/2014 (jt1).

14-460 • BAIR v. USA

Filed 06/13/2014
REPORTED Order dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Order Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction. (dls) Modified on 7/11/2014 (jt1).

11-157 • BAY COUNTY, FLORIDA v. USA

Filed 06/12/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Bay County is awarded $450,516.04 as damages for breach of its water and sewer contracts with the Air Force, plus interest on this amount from the date of its claim, April 19, 2010 to the date of payment, pursuant to 41 U.S.C. § 7109(a)(1). Bay County is also awarded interest under 41 U.S.C. § 7109(a)(1) on $303,589.79, from April 19, 2010 to April 29, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Calculation of interest as part of the judgment in a contract case; interest due under the Contract Disputes Act, 41 U.S.C. § 7109, on an undisputed amount plus one year of interest payable under the Prompt Payment Act, 31 U.S.C. § 3902(a); interest due under the Contract Disputes Act on damages previously in dispute

06-465 • LIQUIDATING TRUSTEE ESTER DU VAL OF KI LIQUIDATION, INC. v. USA

Filed 06/11/2014
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. Modified on 6/19/2014 - corrected text (jt1).

Keywords: re:Contract; Department of State; default termination; fraud counterclaim; differing site condition.

12-125 • WOLLMAN v. USA

Filed 06/05/2014
REPORTED OPINION granting plaintiff's Motion for Judgment on the Administrative Record; denying [51] government's Cross-Motion. Status Report due by 6/30/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: 10 U.S.C. §1201; Military Disability Retirement; Existed Prior to Service, EPTS; Presumption of Incurrence and Aggravation; 28 U.S.C. § 1491(a)

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