USCFC General Jurisdiction-Reported

REPORTED OPINION (Status Report due by 12/5/2016) granting Motion to Certify Class; granting [44] Motion for Summary Judgment; granting [48] Motion to Dismiss; denying [50] Cross Motion.. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Certify Class, Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Cross Motion [Dispositive], Reported Opinion: Sunday premium pay; 5 U.S.C. § 5546(a); Motion for Partial Dismissal; Cross-Motions for Summary Judgment; Renewed Motion to Certify a Class. (MEH)

REPORTED MEMORANDUM OPINION and ORDER. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (rgh) Copy to parties. (Main Document 195 replaced on 11/1/2016 to add a footnote and direction in the conclusion regarding the consolidated cases.)

Keywords: re: Reported Opinion; Civil Actions for Tax Refund, 26 U.S.C. § 7422; Tax Equity and Fiscal Responsibility Act (TEFRA), 26 U.S.C. §§ 6221-34; Rules of the United States Court of Federal Claims (RCFC) 12(b)(1) (Jurisdiction).

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Grants Made Under the American Recovery and Reinvestment Act, Section 1603; Cost Basis; Allocation of Purchase Price; 26 U.S.C. § 1060; Goodwill; Going Concern Value; Turn-Key Value

REPORTED OPINION denying Motion for Summary Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion for Summary Judgment, Reported Opinion, Contract Disputes Act, Breach of Contract, Requirements Contract, Scope of Requirement, Maximum-Order Limitation.

REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); directing the Clerk is to enter judgment and accept NO OTHER ACTIONS OR FILINGS BY PLAINTIFF WITHOUT AN ORDER FROM THE CHIEF JUDGE OF THE UNITED STATES COURT OF FEDERAL CLAIMS. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 9676)

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 28 U.S.C. § 1915(g) (Prison Litigation Reform Act of 1996); 28 U.S.C. § 2401 (Federal Tort Claim Act); 28 C.F.R. § 543.32 (Federal Bureau of Prisons Administrative Tort Claims): Rules of the United States Court of Federal Claims ("RCFC") Rules 11(b) (Barring Frivolous Filings), 12(b)(1) (Subject Matter Jurisdiction).

REPORTED OPINION on patent validity. Status Report due by 11/18/2016. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: 35 U.S.C. § 103; Patent validity; Obviousness; Graham factors; Secondary considerations; Objective indicia of non-obviousness; hindsight bias

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

Keywords: re: Section 1603 of American Recovery and Reinvestment Act; Determination of Cost Basis; Forfeiture of Fraudulent Claims Act; False Claims Act. (ad).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Contract; Appointment; Motion to Dismiss; Jurisdiction; Due Process Clause.

REPORTED ORDER Pursuant to the October 24, 2016 Status Conference, the October 19, 2016 Temporary Restraining Order is extended for 10 days until November 3, 2016. Signed by Judge Susan G. Braden.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. [USPS tracking no.: 7014 1200 0000 9093 9614]

Keywords: re: Tax Refund Claim; Subject Matter Jurisdiction; Failure to Pay Taxes or Submit Administrative Claim to IRS; Injunctive Relief.

REPORTED ORDER granting Motion to Amend Pleadings - Rule 15(a)(2). Signed by Judge Susan G. Braden.

Keywords: re: Amended Complaint RCFC 15(a)

REPORTED OPINION granting Motion for Attorney Fees. Joint Status Report due by 11/18/2016. Signed by Judge Thomas C. Wheeler.

Keywords: re: Application for Attorney's Fees and Expenses; 28 U.S.C. § 2412 (b), (d); Vexatious Government Litigation; Equal Access to Justice Act; Positions Not Substantially Justified; Special Factors Warranting Upward Adjustment; Interest. (ad).

REPORTED ORDER granting Motion for TRO. Signed by Judge Susan G. Braden.

REPORTED OPINION: Approval of the parties' proposed settlement agreement is GRANTED. The Clerk is directed to enter judgment in favor of the class for $622,374.12, plus interest. The award consists of $324,928.65 in principal for the value of the land allegedly taken, $57,445.47 in interest calculated through September 20, 2016, $240,000 in statutory attorneys' fees and costs to be reimbursed to class counsel under the Uniform Relocation Act, and interest at the rate of 3.55% on $324,928.65 from September 21, 2016, compounded annually, until the judgment is paid. The Clerk is directed to enter judgment in accord with this disposition. Costs are encompassed in the settlement agreement. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; settlement; fairness hearing. (MZ)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Senior Judge Eric G. Bruggink. (ar) Copy to parties. (Plaintiff served via certified mail; Article No. 7011 0470 0002 5084 3594)

Keywords: re: Jurisdiction; Transfer pursuant to Section 1632; Section 1500.

REPORTED OPINION Redacted Opinion and Order Denying Plaintiff's Motion for Judgment on the Administrative Record/Granting Defendant's Cross-Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Small Business Administration; HUBZone Program; HUBZone Status Protest; Bid Protest Jurisdiction; 35% Residency Requirement.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: Spent Nuclear Fuel Case; Damages for Partial Breach of DOEs Standard Contract; Effect of Federal Circuits System Fuels Decision; Plaintiffs Burden to Prove Causation; Reasonable Certainty of Damages; Reasonable Mitigation Efforts. (ad).

REPORTED OPINION denying Motion for Summary Judgment; granting [18] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Summary Judgment; Order on Cross Motion [Dispositive]; Reported Opinion; Tax Refund Suit; Summary Judgment; RCFC 56; American Jobs Creation Act of 2004, Pub. L. No. 108-357, 118 Stat. 1418 (2004); Extraterritorial Income; Effective Date Provision; Transition Rule; Savings Clause

REPORTED OPINION denying Motion to Compel. Signed by Judge Thomas C. Wheeler.

Keywords: re: Discovery Dispute Regarding IRS Notice 2015-56; Skidmore Deference; Internal IRS Documents Not Relevant to Resolving Legal Issue Under 26 U.S.C. § 6426(b).

REPORTED OPINION (Status Report due by 12/6/2016) granting Motion to Dismiss - Rule 12(b)(1); granting [11] Cross Motion. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Motion to Dismiss; Tucker Act; Contract Disputes Act; Claim; Sum Certain.