USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-769 • SPA SYSPATRONIC AG v. USA

Filed 07/18/2014
REPORTED ORDER granting in part and denying in part Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Reported Order.Patents; Means-plus-function limitations; 35 U.S.C. § 112; Indefiniteness.

14-589 • ORBIS SIBRO, INC. v. USA

Filed 07/18/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Bid Protest; Jurisdiction; Task Orders, Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e). (ajh) Modified on 7/21/2014 (jt1).

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 07/16/2014
REPORTED ORDER granting in part and denying in part defendant's motion for a protective order. Signed by Judge Margaret M. Sweeney.

12-121 • FREE-PACHECO v. USA

Filed 07/16/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Federal Tax Deductions; Foreign Nonresident; 26 U.S.C. § 871; Trade or Business; 26 C.F.R. § 1.183-2; Continuity and Regularity; Expectation of Profit; Gambling; Slot Machines.

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 07/16/2014
REPORTED ORDER granting Motion to Stay and for Discovery pursuant to Rule 56(d). Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Stay, Reported Order: Tax Case; Treasury Cash Grant; Rule 56(d) Request for Discovery; When to Allow Discovery and Stay Motion for Summary Judgment; Theisen Vending Test; Sale-leaseback Agreement.

12-389 • SYSTEM FUELS, INC. and ENTERGY ARKANSAS, INC. v. USA

Filed 07/15/2014
REPORTED OPINION denying Motion to Strike Plaintiffs' Unauthorized Rebuttal Expert Report. Signed by Judge Charles F. Lettow. (jt1) Copy to parties.

Keywords: re: Time for filing expert rebuttal reports where a scheduling order issued by the court does not specify a time; RCFC 26(a)(2)(D)(ii); exercise of judicial discretion.

14-202 • RUSH CONSTRUCTION, INC v. USA

Filed 07/15/2014
REPORTED OPINION (public version of sealed Opinion issued June 30, 2014). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Whether the GAO Decision was Rational.

11-187 • JMR CONSTRUCTION CORP. v. USA

Filed 07/14/2014
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment. Signed by Judge Lawrence J. Block.

Keywords: re: Eichleay damages; Field overhead damages; Home office overhead damages; Contract Disputes Act; Summary judgment.

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.

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