USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-570 • BULLOCK v. USA

Filed 06/22/2015
REPORTED OPINION: Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (ar) Copy to parties. (jt1). Modified on 6/23/2015 - OCR (jt1).

Keywords: re: Reported Opinion; Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.

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

Filed 06/18/2015
REPORTED OPINION denying Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re:Spent Nuclear Fuel Case; Claim for Recovery of NRC Fees; Motion for Partial Summary Judgment; Collateral Estoppel; Effect of Federal Circuit's Boston Edison and Consolidated Edison Decisions; Material Fact Issues to be Resolved at Trial.

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

Filed 06/18/2015
REPORTED OPINION and ORDER Granting-in-Part and Denying-in-Part Defendant's Motion to Dismiss, ECF No. 7. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion - Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Election Doctrine; 41 U.S.C. § 7107(d); 41 U.S.C. § 7103(e); 48 C.F.R. 33.211(a)(4)(v)

14-37 • CAQUELIN et al v. USA

Filed 06/17/2015
REPORTED OPINION AND ORDER granting Plaintiffs' Motion for Summary Judgment and denying [18] Defendant's Cross-Motion for Summary Judgment. Joint Status Report due by 7/16/2015. Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails takings case; liability for a taking arising upon issuance of a NITU by the STB

15-440 • BANNUM, INC. v. USA

Filed 06/15/2015
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney.

Keywords re: Reported Opinion: Preliminary Injunction; Judgment on the Administrative Record; Competition in Contracting Act, 31 U.S.C. § 3553(d)(3); Bid Protest; Solicitation; Override; Stay; Residential Re-Entry Services.

11-779 • STARR INTERNATIONAL COMPANY, INC v. USA

Filed 06/15/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion; Government's Financial Rescue and Takeover of American International Group (AIG); Fifth Amendment Taking and Illegal Exaction Claims; Shareholder Class Action; Demand for Corporate Equity and Voting Control as Consideration for Loan; Section 13(3), Federal Reserve Act; Effect of AIG Board's Approval of Terms; Damages; Economic Loss Analysis.

15-543 • BABER v. USA

Filed 06/12/2015
REPORTED ORDER dismissing plaintiff's complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdicition.

14-691 • PISZEL v. USA

Filed 06/12/2015
REPORTED OPINION granting Defendant's Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Opinion Granting Defendant's Motion to Dismiss, Reported Opinion: Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Fifth Amendment Takings; Illegal Exaction

15-420 • PERNIX GROUP, INC. v. USA

Filed 06/10/2015
REPORTED OPINION (public version of sealed Opinion issued 5/29/2015). Signed by Judge Lynn J. Bush.

Keywords: re: [37]: Bid Protest; Justiciability; Protest Is Not Ripe Where the Agency Has Yet to Take a Final Action Adverse to the Protestor.

11-445 • TEKTEL, INCORPORATED v. USA

Filed 06/09/2015
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Tucker Act, 28 U.S.C. § 1491(a); Contract Dispute; Wunderlich Act, 41 U.S.C §§ 321-22; Savings Clause; Public Contracts Act, Pub. L. No. 111-350 § 7(b); Termination for Convenience Damages. (TF3)

15-215 • PER AARSLEFF A/S v. USA

Filed 06/05/2015
Published Opinion and Order previously filed under seal on May 28, 2015, reflecting redactions of confidential or proprietary information. Signed by Judge Charles F. Lettow.

Keywords: re: Consolidated post-award bid protests; limitation on competition due to international agreement; 10 U.S.C. § 2304(c); FAR § 6.302.4; inapplicability of bar on jurisdiction over actions based on treaty; 28 U.S.C. § 1502; mistake in a critical eligibility criterion; latent defect discovered by procuring agency prior to award but not corrected; considerations affecting equitable relief

12-774 • XP VEHICLES, INC., et al. v. USA

Filed 06/05/2015
OPINION and ORDER granting defendant's motion to dismiss. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ta) Copy to parties. Modified on 7/27/2015 - corrected pdf (jt1).

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Loan Program; Loan Guarantee Program; Implied-in-Fact Contract; Duty of Good Faith and Fair Dealing; Implied Duty to Fairly Consider; Oral Assurances; Promissory Estoppel; Equitable Estoppel.

10-226 • HENRY HOUSING LIMITED PARTNERSHIP v. USA

Filed 06/04/2015
REPORTED OPINION granting Motion. For the reasons stated, plaintiffs' Motion for Approval of Qualified Settlement Fund Pursuant to Section 468B of the Internal Revenue Code is GRANTED. The Weaver Rural Housing Qualified Settlement Trust is approved, and the court retains jurisdiction over the Trust for the duration of its existence. The first annual financial reports shall be provided to the courton May 15, 2016, and shall be due on May 15th of every year thereafter until termination of the Trust. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Miscellaneous Relief; Reported Opinion; Motion for approval of qualified settlement trust; trust corpus derived from recoveries in 56 individual but closely related cases alleging breach of contract and uncompensated taking

13-575 • AAR MANUFACTURING, INC. et al v. USA

Filed 06/04/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Apparatus Claims;Claim Construction;Corresponding Structure;Function;Extrinsic Evidence;Intrinsic Evidence;Means-Plus-Function Limitation, 35 U.S.C. § 112, 6;28 U.S.C. § 1498(a);35 U.S.C. § 100(d);35 U.S.C. § 281; 41 U.S.C. § 114(b).

15-173 • ILAW v. USA

Filed 06/04/2015
REPORTED OPINION granting Motion to Dismiss for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Main Document 12 replaced on 6/11/2015) (jt1).

Keywords: re: Pro Se; In Forma Pauperis; Lack of Subject Matter Jurisdiction; Due Process; Civil Rights; Tort; Request to Transfer to District Court.

14-282 • NUTT et al v. USA

Filed 06/04/2015
REPORTED ORDER denying Motion for Partial Summary Judgment; granting [12] Cross Motion. Signed by Judge Susan G. Braden.

Keywords: re: Breach of Contract;Federal Tort Claims Act,28 U.S.C. § 2671 et seq.;Military Claims Act,10 U.S.C. § 2731 et seq.;Summary Judgment,RCFC 56.

13-365 • UNITED STATES ENRICHMENT CORPORATION v. USA

Filed 06/03/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Status Report due by 6/15/2015). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Contracts Dispute Act; Presenting Claims to Contracting Officer; Final Indirect Rates; Provisional Rates; Department of Energy.

15-77 • RAYTHEON COMPANY v. USA

Filed 06/02/2015
REPORTED OPINION reissuing Opinion and Order for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion; Bid Protest; Proposed Corrective Action Based on GAO Attorney's Statements During an Outcome Prediction Conference; Scope of the Court's Review; Motion to Supplement the Administrative Record; Motion to Strike Document From the Administrative Record; Cross-Motions for Judgment on the Administrative Record; Noncompliance With Solicitation's Evaluation Scheme; Misleading and Unequal Discussions

10-54 • THOMAS, ET AL. v. USA

Filed 06/02/2015
REPORTED OPINION granting Motion for Fees and granting approval of proposed judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: Order on Motion for Miscellaneous Relief, Reported Opinion Rails-to-Trails; Class Action; FinalApproval of Settlement Agreement;Final Approval of Class Counsel Fees

14-1129 • ROTECH HEALTHCARE INC. v. USA

Filed 06/01/2015
REPORTED OPINION Published. Signed by Judge Nancy B. Firestone. (tc) Copy to parties. (Main Document 51 replaced on 6/3/2015) (jt1).

Keywords: Reported Opinion, Technical Evaluation; Past Performance Evaluation; Price Evaluation; Deference to Agency; Requirements in the Solicitation; Denial of Motion to Supplement Administrative Record.

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