USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-717 • CAMPBELL et al v. USA

Filed 10/30/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk's office is directed to enter final judgment for defendant DISMISSING plaintiffs' amended 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. Takings; Statute of Limitations, 28 U.S.C. § 2501 (2012); Claims Accrued More Than Six Years Before Suit Was Filed; No Cognizable Property Interest. (TQ)

17-194 • AMERICAN BANKERS ASSOCIATION et al v. USA

Filed 10/30/2017
REPORTED OPINION AND ORDER GRANTING THE GOVERNMENT'S MOTION TO DISMISS. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Opinion And Order Granting The Government's Motion To Dismiss: Associational Standing; Breach of Contract; Duty of Good Faith and Fair Dealing; Federal Reserve Act of 1913, Pub. L. No. 63-43, ch. 6, 38 Stat. 251; 12 U.S.C. §§ 222, 226, 241, 247(a), 248, 261, 282, 287, 289, 301305, 321, 341, 391 (2012); 12 U.S.C. § 289 (2012 & Supp. III 2016); Fixing Americas Surface Transportation Act, Pub L. No. 114-94, 129 Stat. 1312 (2015); Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, 107 Stat. 312 (1993); U.S. CONST. amend. V, Taking Clause.

17-787 • FREEALLIANCE.COM, LLC v. USA

Filed 10/27/2017
REPORTED OPINION (Reissuance of October 17, 2017 order) . Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Opinion: Bid protest; claim for reinstatement to agency evaluation; FAR 16.301(a)(3); unequal treatment.

16-1297 • MARRS et al v. USA

Filed 10/27/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [20] Cross Motion. The Clerk is directed to enter judgment for defendant DISMISSING plaintiffs' amended complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion. Civilian Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (2012); Statute of Limitations, 29 U.S.C. § 255(a); Willful Violation Not Found. (TQ)

16-420 • ZEBEL LLC v. USA

Filed 10/26/2017
REPORTED OPINION. Redacted version of Opinion and Order denying [22] Motion for Summary Judgment and granting [23] Cross-Motion for Summary Judgment. Signed by Judge Margaret M. Sweeney.

Keywords re: Reported Opinion -- RCFC 56; Cross-Motions for Summary Judgment; No Genuine Issues of Material Fact; Contract Interpretation; Implied Duty of Good Faith and Fair Dealing; Adequate Disclosure; Lack of Express Warranty; Binding Offer; Attempted Revocation of Offer.

16-1423 • HADDOCK et al v. USA

Filed 10/25/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); denying [17] Motion to Stay. Answer due 11/8/2017. Signed by Judge Thomas C. Wheeler. (ab) Copy to parties. Modified on 10/26/2017 to add deadline

Keywords: re: Veterans Exposed to Agent Orange During Vietnam War; Putative Class Action of Veterans and Survivors to Recover Retroactive Retirement Pay; Motion to Dismiss; Motion to Stay Proceedings.

17-343 • FLANDER v. USA

Filed 10/24/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [12] Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler for Senior Judge Robert H. Hodges, Jr. (vds) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 1833] (ar). (Main Document 25 replaced on 10/27/2017 to correct letter on case number.)

Keywords: Motion to Dismiss, RCFC 12(b)(l); Lack of Jurisdiction; Discharge of Student Loan Debt; Department of Education; Motion for Paitial Summary Judgment, RCFC 56; Treasury Offset Program; Offset of Tax Refunds; Illegal Exaction

14-1022 • REBISH v. USA

Filed 10/24/2017
REPORTED OPINION and ORDER (Reissued October 24, 2017). Signed by Judge Elaine D. Kaplan.

Keywords: Reported Opinion : Settlement Agreement; Neutral Reference Provision; Breach of Contract; Damages; Causation; Motion to Compel; Summary Judgment; RCFC 56; Pro Se

17-471 • SCOTT v. USA

Filed 10/24/2017
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [U.S. Certified Mail Tracking # 7017 1450 0000 1346 1840]

Keywords: Contract claim based upon submission of an unsolicited proposal to the Air Force; Plaintiff, applicability of 48 C.F.R. ("FAR") §§ 3.601, 3.602, 15.603, 15.606-1, 15.608; jurisdiction; indefinite and speculative allegations

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

Filed 10/23/2017
REPORTED OPINION and ORDER reissuing for publication OPINION and ORDER [390]. Signed by Judge Margaret M. Sweeney.

Keywords re Reported Order: FRE 502(d); Quick Peek Procedure; Clawback Order; RCFC 26; Discovery.

16-446 • OMRAN HOLDING GROUP v. USA

Filed 10/20/2017
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Summary Judgment; Contract Disputes Act, 41 U.S.C. § 7101 (2012); 22 U.S.C. § 2363; 31 C.F.R. § 281.8; Exchange Rates; Currency Conversion. (TF3)

15-637 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 10/18/2017
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich.

Keywords: Motion to Dismiss; RCFC 12(b)(1); Emergency Watershed Protection Program 7 C.F.R §§ 624.1-624.11; Federal Grant and Cooperative Agreement Act 31 U.S.C. §§ 6301 et seq.; Anchorage v. United States, 119 Fed. Cl. 709 (2015); Ricks Mushroom v. United States, 521 F.3d 1338 (Fed. Cir. 2008); Hurricane Katrina; Consideration; Cooperative Agreement; Direct Benefit; Subject Matter Jurisdiction (CF)

13-55 • AGILITY DEFENSE & GOVERNMENT SERVICES, INC. v. USA

Filed 10/18/2017
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Claim for Disposal of Surplus Property in Middle East; Requirements Contract; Use of Historical Data; Negligent Estimate; Mandate Rule; Equitable Adjustment; Actual Cost Method; Damages.

13-1023 • MW BUILDERS, INC. v. USA

Filed 10/18/2017
REPORTED Memorandum Opinion And Final Order incorporating edits to ECF No. [136].. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Memorandum Opinion And Final Order On Evidentiary Issues)

Keywords: re: Anti-Deficiency Act, 31 U.S.C. § 1350; Breach of Contract; ContractDisputesAct, 41 U.S.C. §§ 71017109; Counterclaims, 28 U.S.C. § 2508; False Claims Act, 31 U.S.C. §§ 37293733; FederalAcquisitionRegulation, 48 C.F.R. §§ 52.211-12 (Liquidated Damages), 52.242-14 (Suspension of Work), 52.249-10 (Contract Default); Good Faith and Fair Dealing; Special Plea In Fraud, 28 U.S.C. § 2514; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Unreasonable Delay; Waiver; Federal Rules of Evidence; Rule 26 of the Rules of the United States Court of Federal Claims (RCFC) (General provisions governing discovery).

15-421 • BEHRENS et al v. USA

Filed 10/17/2017
REPORTED OPINION granting in part and denying in part Motion for Reconsideration - Rule 59(a), AFFIRMING in part and WITHDRAWING in part the court's ruling in its [43] Reported Order filed 6/23/2017. As such, plaintiff's motion for summary judgment, [34], remains DENIED, whereas, defendant's cross-motion is now DENIED in part, as it relates to the scope of the 36 conveyances identified, and otherwise GRANTED. Plaintiff's [45] Motion for Summary Judgment is DENIED as moot; and [49] Motion for Leave to File Amicus Brief is DENIED. A separate order shall issue this date governing future proceedings in this case. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Order on Motion for Summary Judgment, Order on Motion for Leave to File Amicus Brief, Reported Opinion. Motion for Reconsideration; RCFC 59(a); Motion for Summary Judgment; RCFC 56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking; Motion for Leave to File Amicus Curiae Brief. (TQ)

17-711 • SONORAN TECHNOLOGY AND PROFESSIONAL SERVICES, LLC v. USA

Filed 10/17/2017
REPORTED OPINION dismissing Complaint; finding as moot [53] Motion for Judgment on the Administrative Record; finding as moot [54] Cross Motion; finding as moot [55] Cross Motion. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Timeliness; Blue & Gold Fleet; Waiver; Undue Delay in Asserting Protest Grounds; Failure to Intervene in Earlier Protests Involving Same Solicitation; Patent Error in Solicitation; Time for Challenging an Agency's Corrective Action; SBA Certificate of Competency; Injunctive Relief.

17-528 • BACHMANN et al v. USA

Filed 10/16/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Takings Clause; U.S. Const. amend. V.; Inverse Condemnation due to property damage; Police Power Exception; Private Property Damage.

17-744 • T SQUARE LOGISTICS SERVICES CORPORATION v. USA

Filed 10/16/2017
REPORTED OPINION originally issued under seal 9/22/2017, [28]. No redactions were proposed by the parties. The sealed and public versions of this opinion are identical, except for the publication date, footnote 1, and several typographical errors. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Motion to Dismiss; Standing; Pre-award Bid Protest; Motion for Judgment on the Administrative Record; Waiver of Informality or Minor Irregularity. (TQ)

16-107 • MOODY et al v. USA

Filed 10/13/2017
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Defendant shall file its Answer regarding Count IV of Plaintiffs' Amended Complaint within fourteen (14) days from the filing of this opinion. Signed by Senior Judge Edward J. Damich. (CF) Copy to parties. (Main Document 36 replaced on 10/16/2017 to add attorneys' name to PDF) (ac7).

Keywords: * Partial Motion to Dismiss under RCFC 12 (b)(1) and 12 (b)(6); American Indian Agricultural Resources Management Act, 25 U.S.C. §§ 3701 et seq; Bureau of Indian Affairs (BIA); Privity of Contract; Express Lease; United States v. Algoma Lumber Co., 305 U.S. 415 (1939); 25 C.F.R. § 162.101; Oral and Implied in Fact Contract; Quantum Meruit; U.S. Const. amend. V (CF)

15-1163 • PIPES v. USA

Filed 10/13/2017
REPORTED OPINION Status Report due by 12/22/2017. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Opinion; 10 U.S.C. § 1204 (Retirement for Military on Active Duty for 30 days or less or on Inactive-duty Training); 25 U.S.C. § 2501 (Statute of Limitations); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Air Force Instruction (AFI); AFI 10-248 (Fitness Program); AFI 36-2254 (Reserve Personnel Participation); AFI 36-2910 (Line of Duty Determination, Medical Continuation (MEDCON) and Incapacitation (INCAP) pay); AFI 36-3212 (Physical Evaluation for Retention, Retirement, and Separation); AFI 48-123 (Medical Examinations and Standards); 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 52.1 (Judgment on the Administrative Record).

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