USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1583 • ALFORD v. USA

Filed 06/01/2017
REPORTED OPINION and ORDER granting Motion to Remand; denying, as moot, [35] Motion for Judgment on the Administrative Record; staying the case pending the results of the remand; and directing defendant to file a status report every 90 days during the pendency of the remand, regarding the progress of proceedings before the Board. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 2818)

Keywords: re: Claim for military disability benefits; review of a decision by the Board for Correction of Naval Records; potential applicability of statutory requirement for an opinion by a clinical psychologist or psychiatrist; 10 U.S.C. § 1552(g); grant of voluntary remand.

16-1265 • L-3 COMMUNICATIONS INTEGRATED SYSTEMS L.P. v. USA

Filed 05/31/2017
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: Undefinitized Contractual Action; Tucker Act; Contract Disputes Act; Claim; Contracting Officer; Sum Certain; Certification; Subject Matter Jurisdiction.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 05/31/2017
REPORTED ORDER. Signed by Chief Judge Susan G. Braden.

Keywords: re: Preliminary Injunction, RCFC 65(d).

16-845 • WALSH CONSTRUCTION COMPANY et al

Filed 05/31/2017
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). This case is stayed until August 31, 2017, to provided Plaintiffs an opportunity to present their claim for a breach of the duty of good faith and fair dealing to a United States Army Corps of Engineers Contracting Officer for a final decision.. Signed by Chief Judge Susan G. Braden.

Keywords: re: Contract Disputes Act(CDA), 41 U.S.C. §§ 7101 - 7109; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 52.223-1, 52.243-5; Rules Of the United States Court of Federal Claims (RCFC) 12(b)(1), 15(a)(2); Tucker Act Jurisdiction, 28 U.S.C. § 1491.

16-1365 • FAVOR TECHCONSULTING, LLC v. USA

Filed 05/31/2017
REPORTED OPINION granting Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Competition In Contracting Act (CICA), 31 U.S.C. § 3553 (d)(3)(A) (Automatic Stay), (d)(3)(C) (Stay Override), (d)(4)(A) (Filing Period For Automatic Stay); Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412.

14-458 • FORD MOTOR COMPANY v. USA

Filed 05/30/2017
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; granting [38] Defendant's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Corporate tax case; interest netting claim; I.R.C. § 6621(d); jurisdiction over a claim for interest on an overpayment under I.R.C. § 6611; "same taxpayer" within the meaning of I.R.C. § 6621(d). (MZ)

16-1063 • PDS CONSULTANTS, INC. v. USA

Filed 05/30/2017
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (dpk) Copy to parties. Modified on 6/8/2017 - correction to pdf(jt1).

Keywords: re: Bid Protest; Veterans Benefit Act of 2006, 38 U.S.C. § 8127(a); Javits-Wagner-ODay Act, 41 U.S.C. § 8501-06; Contracting Priority; Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016); AbilityOne Program. (dpk)Keywords: re: Bid Protest; Veterans Benefit Act of 2006, 38 U.S.C. § 8127(a); Javits-Wagner-O'Day Act, 41 U.S.C. § 8501-06; Contracting Priority; Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016); AbilityOne Program

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

Filed 05/30/2017
REPORTED ORDER regarding the attorney's fees plaintiffs incurred filing and litigating their motion to compel. Signed by Judge Margaret M. Sweeney.

Keywords: re: Reported Order: Award of Attorney's Fees; RCFC 37(a)(5)(C); Substantial Justification.

08-415 • HORN & ASSOCIATES, INC. v. USA

Filed 05/25/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Contract; Breach; Good Faith and Fair Dealing; Bad Faith; Recovery Audit; NASA; Trial. Keywords: re: Reported Opinion

17-86 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 05/23/2017
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Pre-award Bid Protest; 28 U.S.C. § 1491(b); Standing; Corrective Action; Amended Request for Quotations; Key Personnel Qualifications; Price Realism; Favoritism; Bad Faith.

13-476 • SILVER BUCKLE MINES, INC. v. USA

Filed 05/23/2017
REPORTED OPINION granting Motion for Summary Judgment, denying [27] Cross-Motion for Summary Judgment, and granting [31] Motion to Certify Class. Joint Status Report due 6/23/2017. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Cross-Motions for Summary Judgment and Motion to Certify Class, Reported Opinion -- Mining Law of 1872; 30 U.S.C. § 28f; Claim Maintenance Fees; Federal Land Policy and Management Act; Summary Judgment; RCFC 56; Illegal Exaction; Voluntary Payment Doctrine; Anti-Windfall Doctrine; Class Action Certification; RCFC 23; Definition of Class; Conflict of Interest.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 05/22/2017
REPORTED OPINION - Continuation of Preliminary Injunction (Docketed for Administrative Purposes) Signed by Chief Judge Susan G. Braden. (jt1) Copy to parties.

16-1159 • MARTIN et al v. USA

Filed 05/19/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment dismissing plaintiffs' complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Fifth Amendment Takings Claim; Motion to Dismiss Under RCFC 12(b)(1); Subject Matter Jurisdiction. (TQ)

17-123 • VINTAGE AUTOWORKS, INC. v. USA

Filed 05/18/2017
REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Bid Protest Regulation, 4 C.F.R. § 21.2; Contract Planning, Solicitation, Evaluation, And Award Procedures, 10 U.S.C. § 2305; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 9.103, 9.104-1, 9.104-3, 15.305, 52.236-7; Rules of the United States Court of Federal Claims (RCFC) 52.1; Task And Delivery Order Contracts General Authority, 41 U.S.C. § 4103.

10-420 • CLEAR CREEK COMMUNITY SERVICES DISTRICT v. USA

Filed 05/17/2017
REPORTED OPINION (Status Report due by 6/12/2017) granting in part and denying in part Motion to Dismiss and for Summary Judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss, Reported Opinion: RCFC 12; Motion to Dismiss; RCFC 56; Motion for Summary Judgment; Breach of Contract; Statute of Limitations; Accrual Suspension; Fifth Amendment Takings Claim.

14-316 • McCARTY et al v. USA

Filed 05/15/2017
REPORTED OPINION denying Motion for leave to take discovery. Parties shall file their supplemental briefs by 6/16/2017. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Fifth Amendment Taking; Rails - to - Trails Act ; Attorney Fees; Discovery; Depositions of Opposing Counsel.

14-180 • PELLEGRINI et al v. USA

Filed 05/15/2017
REPORTED OPINION AND ORDER granting in part and denying in part Motion to Dismiss. The government's motion to dismiss plaintiffs' complaint is GRANTED insofar as plaintiffs' due process claim is concerned, but is otherwise DENIED. The government's alternative motion for summary judgment is DENIED, as is the government's motion for a more definite statement. The government shall file its answer to plaintiffs' complaint on or before the time specified in RCFC 12(a)(4). Signed by Judge Charles F. Lettow.

Keywords: re: Claim of uncompensated taking; dredging of navigable river allegedly the but-for cause of collapse of support of land and installations along banks; no jurisdiction over due process claim; disputed issues of material fact regarding takings claim. (MZ)

03-2625 • ENTERGY GULF STATES, INC. v. USA

Filed 05/11/2017
REPORTED OPINION granting Motion for Reconsideration. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties. (Main Document 309 replaced on 5/16/2017 to add language re: vacating previous judgment.)

Keywords: re: Spent Nuclear Fuel; Fuel Characterization Costs; Motion for Reconsideration; Rule 59. (TF3)

14-1062 • RUSSELL et al v. USA

Filed 05/11/2017
REPORTED OPINION granting Motion for Settlement; granting [21] Motion for Settlement Signed by Chief Judge Susan G. Braden.

Keywords: re: Rule of the United States Court of Federal Claims (RCFC) 23(e) (Settlement, Voluntary Dismissal, or Compromise).

12-889 • SEARS et al v. USA

Filed 05/10/2017
REPORTED OPINION granting in part and denying in part Motion for Reconsideration - Rule 59(a). The court amends its prior decision and the judgment to provide that the following amounts shall be awarded to plaintiffs in the trial subclass: $90,812.97 (Gould), $48,185.83 (Bradley), $48,018.86 (Mosher), $74,773.09 (Heene), and $124,975.97 (Richards). Interest shall be payable on these amounts at the rate of 3.39 percent per annum, compounded quarterly from the date of the taking, August 2, 2012, until the date the judgment is paid. The clerk is directed to enter judgment as amended pursuant to RCFC 54(b) in the aforestated amounts. Plaintiffs may apply for an award of attorneys' fees and expenses under Section 304(c) of the Uniform Relocation Assistance Act, 42 U.S.C. § 4654(c), within 30 days after any appellate process has been concluded, or, alternatively, after the time for taking an appeal has expired. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion: Post-trial determination of the just compensation due in a rails-to-trails case; value of the agricultural land taken for trail use; cost to reclaim; severance damages attributable to "point rows;" no preemption of Iowa statute guaranteeing access to fields otherwise landlocked by the trail. (EK)

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