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Keywords: re: Cross-Motions for Summary Judgment; Claims for Breach of Settlement Agreement; Agency Assessment of Employee Suitability; Failure to Perform a Condition Precedent.
Keywords: re: Order on Motion for Reconsideration, Reported Order: Reconsideration; 26 U.S.C. § 6672; Trust Fund Taxes; Trust Fund Tax Penalty; Willfulness; Reckless Disregard of a Known or Obvious Risk; Implied Designation.
Keywords: re: Reported Opinion. RCFC 59(e); RCFC 60(b). (TQ)
Keywords: re: Memorandum Opinion and Order: Motion for Summary Judgment; RCFC 56; Breach of Contract; Annuity.
Keywords: Tax Refund Suit; Valid Tax Return; Valid Refund Claim; 28 U.S.C. §1346; 26 U.S.C. § 7422; 26 U.S.C. § 651l(b)(2)(A); "Look Back" Provision.
Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 28 U.S.C. § 1495 (Damages for Unjust Conviction); 28 U.S.C. § 2513 (Claims Against the United States for Unjust Conviction); Breach of Settlement Agreement; Fifth Amendment to the United States Constitution; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted); RCFC 15(a) (Amending Pleadings Before Trial).
Keywords: re: 5 U.S.C. § 5305 (Special Rates Of Pay); 5 U.S.C. § 5596 (Back Pay Act); 5 U.S.C § 5754 (Federal Workforce Flexibility Act of 2004, Retention Bonuses); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 5 C.F.R §§ 530.301-309 (Special Rates of Pay) 5 C.F.R. §§ 575.301-314 (Retention Incentives);Rules of the United States Court of Federal Claims (RCFC) 12(b)(1), 12(b)(6).
Keywords: re: Reported Opinion: Post-award bid protest; challenge to agency's technical rating of protester's proposal. (EK)
Keywords: re: Order granting motion for clarification. RCFC 26(c)(1); Protective Order; Redactions; Public Access to Court Documents.
Keywords: re: Order on Motion for Partial Summary Judgment,, Reported Order: Fifth Amendment Taking Claims; partial summary judgment; United States v. Sponenbarger, 308 U.S. 256 (1939); Danforth v. United States, 308 U.S. 271(1939); the relative benefits test in flooding cases; governments burden of proof.
Keywords: re: Reported Opinion Duty of Candor; ABA Model Rule of Professional Conduct 3.3 (Candor Toward The Tribunal); Rules of the United States Court of Federal Claims (RCFC) 11(b), (c) (Sanctions).
Keywords: re: Reissued Opinion--Cross-Motions for Summary Judgment; Gender-based Pay Bias; Yearly Salary-Range Tables; Retention Incentive Pay.
Keywords: re: Rule 12(b)(6) Motion to Dismiss; Post-Award Bid Protest; Organizational Conflicts of Interest; Timeliness; Blue & Gold Fleet.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Takings; Motion to Dismiss, RCFC 12(b)(6). (TQ)
Keywords: re: Rules of The United States Court Of Federal Claims (RCFC) 6 (Extending Time), 8 (General Rules Of Pleading), 12 (Defenses And Objections), 15 (Amended and Supplemental Pleadings), 55 (Default Judgment).
Keywords: re: 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)
Keywords: re: 4 C.F.R. 21.9 (Government Accountability Office Advisory Opinion).
Keywords: re: Reported Order; Tax Refund Suit; Summary Judgment; RCFC 56; U.S.-Ireland Tax Treaty.
Keywords: re: 5 U.S.C. § 5754 (Federal Workforce Flexibility Act of 2004 Retention Bonuses); 28 U.S.C. 1491 (Tucker Act Jurisdiction).
Keywords: re: Reported Opinion. Fifth Amendment Taking; Breach of Contract; Third-Party Beneficiary; 28 U.S.C. § 1502; Discovery.