USCFC General Jurisdiction-Reported

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

REPORTED OPINION granting Motion for Summary Judgment; denying [25] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tax Refund; Illegal Exaction; IRS; Bank Secrecy Act; Report of Foreign Bank and Financial Accounts; FBAR; Reasonable Cause; Ordinary Business Care and Prudence.

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: Subject Matter Jurisdiction; Statute of Limitations; 28 U.S.C. § 2501; Accrual Suspension; Corrections Board; Military Promotion.

REPORTED OPINION denying Motion for Leave to Proceed in forma pauperis and dismissing plaintiff's complaint for lack of subject matter jurisdiction and for failure to state a claim. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0720)

Keywords: re: Motion to Dismiss; In Forma Pauperis; Prison Litigation Reform Act; Takings.

REPORTED OPINION denying Motion for Reconsideration. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion. Motion for Reconsideration, RCFC 59 & RCFC 60; Claim Accrual; Accrual Suspension Rule; Permissive Administrative Remedies. (TQ)

REPORTED OPINION denying Motion for Partial Summary Judgment; granting [48] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Rails-to-Trails; National Trails System Act; Fifth Amendment; Takings Clause.

REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment and [35] Cross-Motion for Partial Summary Judgment. Telephonic status conference set for 11/29/2017 at 3:00 p.m. E.S.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Partial Summary Judgment; Class Action; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Ga. Code Ann. § 1689 (1882); Ga. Code Ann. § 2167 (1895); Fee Simple; Right-of-Way; Creation of Easement Under Georgia Law; Strips and Gores Doctrine. (TF3)

REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); and directing defendant to file its motion for summary judgment and proposed findings of uncontroverted fact by 12/22/17. Subsequent briefing shall be according to the court's rules. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0812)

Keywords: re: Contract; Wrongful Termination for Default Claim; No Jurisdiction Over Breach and Tort Claims; Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion.

REPORTED OPINION granting in part and denying in part Motion for Bill of Costs. Signed by Judge Thomas C. Wheeler.

Keywords: re: Taxation of Costs; Fees of the Reporter for Trial Transcripts; Fees for Witnesses; Costs for Duplication of Papers; Costs Incident to Taking Depositions.

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Damages for Partial Breach of DOE's Standard Contract; Plaintiff's Burden to Prove Causation; Government Claim for Reduction of Damages.

REPORTED OPINION Redacted Opinion and Order denying Motion for Judgment on the Administrative Record; denying [31] Motion to Supplement the Administrative Record; granting [35] Motion for Judgment on the Administrative Record; granting [36] Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Motion for Judgment on the Administrative Record; Discussions; Past Performance; Corrective Action.

REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion--Motion for Judgment on Administrative Record, RCFC 56; United States Department of State; Bureau for International Narcotics and Law Enforcement Affairs, Office of Aviation; Aviation Support Services; Post-Award Bid Protest; Disparate Treatment; Procurement Violations; Limited Confidence for Past Performance; Incumbent; Competition in Contracting Act; Corrective Action; Profit Margin Analysis.

REPORTED OPINION and ORDER granting in part and denying in part Motion for Attorney Fees; granting [178] Motion to Establish Interest; granting [183] Motion for Attorney Fees; granting [185] Motion for Attorney Fees. Pursuant to the Uniform Relocation Act, the court awards reasonable attorneys' fees and expenses of $2,021,257.72. Also, under the prior judgment entered under RCFC 54(b), interest of $3,512,627.45 is due through November 15, 2017, with a per diem rate of $990.79 thereafter until the judgment is actually paid. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Takings case; attorneys fees and expenses awardable under the Uniform Relocation Act, 42 U.S.C. § 4654(c); computation of interest.

REPORTED OPINION (Joint Status Report due by 11/20/2017) denying Motion for Partial Summary Judgment; denying [132] Cross Motion. Signed by Senior Judge Nancy B. Firestone.

REPORTED OPINION and ORDER granting Cross Motion; denying [36] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 1116]

Keywords: re: Military Pay Act, 37 U.S.C. §§ 204, 305a, 403; IO U.S.C. §1552; Motion for Summary Judgment; Judgment on the Administrative Record; Judicial Review of BCNR Decision and Implementation; Vessel Exception to UCMJ Article 15; Judicial Estoppel; Basic Allowance for Housing; Entitlement to Career Sea Pay and Career Sea Pay Premium.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

REPORTED OPINION; Plaintiff's motion for judgment on the administrative record is GRANTED. Defendant and Defendant-Intervenor's cross motions are DENIED. Plaintiff shall have until 11/13/2017 to file a proposed final judgment or an opening brief.Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Small Business Set Aside; Joint Venture, Mentor-Protg Agreements, 13 C.F.R. § 124.520; Standing of Adverse Party, 13 C.F.R. § 134.302(a); Injunctive Relief.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case: Motion to Dismiss, RCFC 12(b)(1); Lack of Jurisdiction; Statute of Limitations; Motion to Dismiss, RCFC 12(b)(6); Failure to State a Claim; Wrongful Discharge; Continuing Claim Doctrine; Review of Military Records; Judicial Review of Army Board for Correction of Military Records Decision (ejg)Keywords: [17] Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case: Motion to Dismiss, RCFC 12(b)(1); Lack of Jurisdiction; Statute of Limitations; Motion to Dismiss, RCFC 12(b)(6); Failure to State a Claim; Wrongful Discharge; Continuing Claim Doctrine; Review of Military Records; Judicial Review of Army Board for Correction of Military Records Decision.

REPORTED OPINION granting Motion to Approve Settlement Agreement.Supplemental brief due 11/20/17; Response due 12/4/2017 Signed by Judge Elaine D. Kaplan. (bh) Copy to parties. Modified on 11/6/2017 to add deadlines

Keywords: re: Fair Labor Standards Act; Customs Officer Pay Reform Act; Settlement Approval.

REPORTED OPINION reissuing **SEALED** OPINION for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Trial; Section 515 of the Housing Act of 1949; Breach of Contract; Expectancy Damages; Lost Profits Versus Lost Asset Value; Postbreach Evidence; Discount Rates; Tax Neutralization Payment; Third-Party Standing