USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-772 • SOKOL v. USA

Filed 02/23/2015
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [38] Cross Motion; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Physical Evaluation Board; Board for the Correction of Naval Records; Arbitrary and Capricious Standard; Fitness for Naval Service; SECNAVINST 1850.4E § 3405; 10 U.S.C. § 1201; 32 C.F.R. §§ 723.2, 723.6; 5 U.S.C. § 552a; Credibility Determinations

14-647 • RUDOLPH AND SLETTEN, INC. v. USA

Filed 02/23/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1), and granting motion for remand to contracting officer. The contracting officer is directed to issue a final decision on or before 3/26/2015. Case is stayed until 3/26/2015. Status Report due by 4/9/2015. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-09; Motion to Dismiss, Rule 12(b)(1); Motion for Summary Judgment, Rule 56; Motion Remand to the Contracting Officer, 41 U.S.C. § 7103(f)(5); Deemed Denial of a Claim.

14-1214 • EQUA SOLUTIONS, INC. v. USA

Filed 02/23/2015
REPORTED OPINION. Defendant's cross-motion for judgment on the administrative record GRANTED. Plaintiff's motion for judgment on the administrative record DENIED. (Opinion originally issued under seal on 2/13/2015 - ECF No. 25). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; FAR § 15.206(d); FAR §15.306; Review of Price Evaluation.

15-94 • INDUSTRIES FOR THE BLIND, INC. v. USA

Filed 02/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion Tucker Act, 28 U.S.C. § 1491(b)(1); Jurisdiction; Pre-award Bid Protest; Motion to Dismiss; RCFC 12(b)(1); Corrective Action; Moot; Justiciability.

14-696 • SHERIDAN v. USA

Filed 02/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Motion to Dismiss; Patent Infringement; 22 U.S.C. § 2356; 28 U.S.C. § 1498(a); For the Benefit of the Government; Authorization or Consent.

14-565 • STRAUGHTER v. USA

Filed 02/20/2015
OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Military pay claim; time-bar attributable to expiration of the limitations period specified in 28 U.S.C. 2501; inability to transfer case under 28 U.S.C. 1631 because of request for monetary relief

14-1053 • QBE, LLC v. USA

Filed 02/18/2015
REPORTED ORDER (public version of sealed Opinion issued January 30, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Challenge to Offerors Exclusion from the Competitive Range; Technical Proposal Evaluation

14-1005 • DRAKEN INTERNATIONAL, INC. v. USA

Filed 02/13/2015
REPORTED Order The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Reported Order Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Competition in Contracting Act; 41 U.S.C. § 3306(a); Solicitation Terms Coupled With Procurement Delay Did Not Unduly Restrict Competition; Ripeness.(TF3)

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

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