USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-263 • WILLIAMS v. USA

Filed 05/23/2014
REPORTED OPINION (Status Report due by 7/22/2014, Status Report due by 9/22/2014) denying Motion for Judgment on the Administrative Record; granting in part and denying in part [14] Motion for Judgment on the Administrative Record. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Board for Correction of Naval Records; separation from service; Board ofInquiry; deference to interpretation of military regulations; judgment on administrative record, RCFC 52.1; inadequate explanation by correction board; remand, RCFC 52.2.

14-18 • AM GENERAL, LLC v. USA

Filed 05/22/2014
REPORTED OPINION (public version of sealed Opinion issued April 7, 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; Best Value Tradeoff Analysis; FAR 15.101-1; FAR 15.308

09-103 • HAGGART et al v. USA

Filed 05/21/2014
REPORTED OPINION granting Joint Motion for Approval of Settlement; granting in part and denying in part [162] and [163] Plaintiffs' Motion and Amended Motion for Court Approval of Fees and Proposed Division of the Common Fund. The Clerk is directed to enter judgment in favor of the class for $137,961,218.69 in principal and interest, subject to adjustment if payment is not made on May 31, 2014, plus $1,920,000.00 in attorneys' fees and $660,000.00 in costs and expenses (both pursuant to the Uniform Relocation Act), for a total of $140,541,218.69. Class counsel is awarded $35,752,243.74, consisting of: $33,172,243.74 in attorneys' fees from the common fund, $1,920,000.00 in attorneys' fees under the Uniform Relocation Act as agreed-upon in the settlement, and $660,000.00 in litigation costs and expenses under the Uniform Relocation Act as agreed-upon in the settlement. Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails case; takings; class action with more than 500 opt-in plaintiffs; settlement; fairness of settlement; common-fund approach to award of attorneys' fees to class counsel. (EB) Modified on 7/10/2014 (jt1).

13-464 • FILLER v. USA

Filed 05/16/2014
REPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; RCFC 12(b)(6); Taking of Property Without Just Compensation; Medical License. (dls) Modified on 7/22/2014 (jt1).

14-390 • SEALS-BEY v. USA

Filed 05/16/2014
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis and dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis re: [4] Reported Opinion and Order. (dls) Modified on 7/11/2014 (jt1).

04-1365 • CHEVRON U.S.A. INC. v. USA

Filed 05/16/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:Reliance Damages;Sanctions for Bad Faith Conduct Relating to Privilege Assertions During Discovery. Modified on 7/1/2014 (lld).

01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 05/14/2014
REPORTED OPINION (Notice of Compliance due by 6/10/2014) Re: Motion to Voluntarily Dismiss - Rule 41(a). Signed by Judge Francis M. Allegra.

Keywords: re:RCFC 41(a)(2) voluntary dismissal; Determining whether dismissal should be with or without prejudice; Multi-factored test; Dismissal with prejudice to be accompanied by a condition, as authorized by RCFC 41(a)(2). (si) Modified on 6/27/2014 (lld).

09-370 • GAY v. USA

Filed 05/13/2014
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [34] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra.

Keywords: re:Military pay case; Cross-motions for judgment on the administrative record; Standard of review Bannum; Review of Army Board for the Correction of Military Records; Characterization of discharge; Disability determination; Plaintiff failed to demonstrate that determinations of the ABCMR were arbitrary and capricious, or not supported by substantial evidence.

14-122 • LUKOS VATC JV LLC v. USA

Filed 05/12/2014
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [23] Cross Motion; finding as moot [24] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: SBA 8(a) Program, Mentor-Protg Program, 13 C.F.R. 124.520. (jm) Modified on 7/21/2014 (jt1).

12-863 • INSIGHT SYSTEMS CORP. v. USA

Filed 05/12/2014
(REDACTED)OPINION re:[74]SEALED**OPINION and ORDER denying 58 Motion for Attorney Fees; denying Motion for Attorney Fees; denying [63] Motion for bid preparation and proposal costs. Signed by Judge Francis M. Allegra.

Keywords: re: Bid protest case; Application for attorneys fees; Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A); Position of the United States was substantially justified; Motion for bid preparation and proposal costs; Jurisdiction existed to award costs even after the entry of a permanent injunction; Costs not awarded where protestor fails to demonstrate that it unnecessarily incurred bid preparation and proposal costs. (si) Modified on 7/10/2014 (jt1).

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

Filed 05/09/2014
REPORTED OPINION denying Motion for Partial Summary Judgment; granting, in part,[129]Cross-Motion for Partial Summary Judgment. Signed by Judge Francis M. Allegra.

Keywords: re:Tax refund suit; Cross-motions for partial summary judgment; Loss deduction section 165 of the Code; Actual economic loss; Basis allocation Treas. Reg. § 1.61-6(a); Carved-out income interests; Allocation of basis in Perpetuals transaction violated Treasury Regulation; Investment trusts; Sears Regulations Treas. Reg. § 301.7701-4; Multi-class investment trust not trust for tax purposes; Loss disallowed; Custodial arrangements and investment trusts not trusts for tax purposes; Income from Custodial Share Receipts includible in taxable income.

05-1043 • DELPIN-APONTE, et al v USA

Filed 05/07/2014
REPORTED OPINION denying as moot Motion to Certify Class; denying [117] Motion for Partial Summary Judgment; granting [126] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Certify Class, Order on Motion for Summary Judgment, Reported Opinion,United States Postal Service (USPS); Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1) (overtime compensation); Territorial Cost of Living Adjustment (TCOLA); Regular Rate; RCFC 56; Chevron Deference

13-137 • LIEBER v. USA

Filed 05/06/2014
REPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1). (dls) Modified on 7/10/2014 (jt1).

12-303 • HITKANSUT LLC et al v. USA

Filed 05/02/2014
REPORTED OPINION reflecting no redactions from the sealed opinion issued on April 25, 2014. Signed by Judge Charles F. Lettow.

Keywords: re:Reported Opinion Patent case; eligibility for patent protection under 35 U.S.C. § 101; application of the Larson-Miller variant of the Arrhenius equation; ineligibility of mathematical formulae for patent protection; eligibility of novel means of applying a natural law to obtain more efficient and beneficial results.

13-16 • TAYLOR-TILLOTSON v. USA

Filed 05/02/2014
REPORTED OPINION and ORDER GRANTING IN PART Motion to Dismiss - Rule 12(b)(1) and (6); GRANTING [27] Motion for Judgment on the Administrative Record; and DENYING [36] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Former spouse's claim for benefits under the Armed Forces Reserve Component Survivor Benefit Plan; 10 U.S.C. § 1448(a)(2)(B); qualifying reserve service; effect of divorce prior to death of reserve component service member. (dls) Modified on 7/10/2014 (jt1).

13-346 • BRICKEY v. USA

Filed 05/02/2014
REPORTED ORDER. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1495; 28 U.S.C. § 2513; Torts; In Forma Pauperis; 28 U.S.C. § 1915. (dls) Modified on 7/15/2014 (jt1).

08-533 • CARDIOSOM, L.L.C. v. USA

Filed 04/30/2014
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order, 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); Motion for Summary Judgment under RCFC 56.

12-204 • DMS IMAGING, INC. et al v. USA

Filed 04/30/2014
REPORTED OPINION on cross-motions for summary judgment. Signed by Judge Mary Ellen Coster Williams.

12-66 • GONZALES v. USA

Filed 04/30/2014
REPORTED OPINION granting Cross Motion; denying [26] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Cross Motion [Dispositive], Order on Motion for Summary Judgment, Reported Opinion Cross-Motions for Summary Judgment, RCFC 56; Luxury Tax, I.R.C. § 4002; Demonstrator Exemption Under I.R.C. § 4002(b)(1); Gas Guzzler Tax; I.R.C. § 4064; Abatement of Penalties and Interest

06-872 • GERALD K. KANDEL et al v. USA

Filed 04/30/2014
REPORTED OPINION on Plaintiffs' MOTION to Amend/Correct [123] Order on Motion to Certify Class, specifically the Official Notice to potential class members. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Amend/Correct, Reported Opinion -- Class Action; Motion to Amend/Substitute Class Notice; Notice to Potential Class Members; RCFC 23; Best notice that is practicable under the circumstances; Lump-Sum Payment statute; 5 U.S.C. §§ 5551, 5552; Back Pay Act; 5 U.S.C. § 5596; Prejudgment Interest.Keywords: re: [166] Order on Cross Motion [Dispositive], Reported Opinion -- Partial Summary Judgment; RCFC 56; Class Action; Federal Employees; Accrued and Accumulated Annual Leave; 5 U.S.C. §§ 6303, 6304; Separation; Lump-Sum Payment Statute; 5 U.S.C. §§ 5551, 5552, 5553; Cost-of-Living Adjustment (COLA); Locality Pay Adjustment; Sunday Pay; Post Allowance; Back Pay Act; 5 U.S.C. § 5596; Prejudgment Interest.

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