USCFC General Jurisdiction-Reported

Protective Order: Granting-in-Part and Denying-in-Part Defendant’s Motion to Amend Protective Order. Signed by Judge Hewitt.

Availability of Sanctions Under RCFC 16(f); Untimely Filings Under the Court’s Rules and Orders; Expense Shifting Under RCFC 37(a)(5); Government Entitled to Reasonable Expenses Including Attorney’s Fees Signed by Judge Hewitt.

Rule 5.2; motion to seal Signed by Judge Damich.

Vaccine case; Petition for mandamus to review order by special master denying discovery; Availability of mandamus to review discovery orders; Petition denied. Signed by Judge Allegra.

Federal Tax; Period of Limitations; 26 U.S.C. § 7422(h); Subject Matter Jurisdiction; Tax Motivated Interest; Res Judicata Signed by Judge Horn.

Vaccine case; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochrondrial defect; differentiation of claims asserting an aggravation of a pre-existing condition from claims asserting the manifestation of a new injury; Althen causation framework; propriety of admitting trial testimony from an unrelated vaccine case Signed by Judge Lettow.

Bankruptcy Act, 11 U.S.C. §§ 701-85 (2006); Federal Deposit Insurance Act, 12 U.S.C. § 1821(d)(11)(A)(ii) (2006) (authorizing the Federal Deposit Insurance Corporation to act as a receiver); Home Owners Loan Act, 12 U.S.C. § 1464(d)(2)(A) (2006); Net Operating Loss; Tax Refund; Worker, Homeownership and Business Assistance Act of 2009, Pub. L. No. 111-92, 123 Stat. 29840 (2009); 26 U.S.C. § 165(g) (2006) (Ordinary Loss); 26 U.S.C. §§ 1501-02 (2006) (parent of a consolidated tax group); 26 U.S.C. § 6402(a) & (k) (2006 & Supp. III 2009) (federal tax refund may be paid to a fiduciary of an insolvent corporation); 26 U.S.C. 6511 (a) (2006) (statute of limitations for filing a federal tax refund); 26 U.S.C. § 6611 (2006) (Statutory Interest); 26 U.S.C. § 7422(a) (2006) (jurisdictional requirement before seeking an adjudication of a federal tax refund); Treas. Reg. § 1.1502-77(a) (2011) (the common parent for a consolidated return is the sole agent for each member of a consolidated tax group); Treas. Reg. § 301.6402-7 (2011) (permitting fiduciaries of insolvent financial institutions to file alternate tax returns); RCFC 19, Motion For Joinder; RCFC 24, Motion To Intervene; Form 1120X (Amended Claims For Refund); Form 1139 (Application for Tentative Refund). Signed by Judge Braden.

Government Contracts; Subject Matter Jurisdiction; In-Sourcing; Standing; Interested Party; Prudential Standing. Signed by Judge Horn.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); permanent injunctive relief; burden on protester to show that procurement decision is unreasonable; whether a protester must succeed on all three equitable factors in addition to succeeding on the merits. Signed by Judge Miller, C..

Post-Award Bid Protest Based on Complaint Concerning Requirement Contained in Solicitation; Interested Party; Waiver Signed by Judge Hewitt.

Invention Secrecy Act, 35 U.S.C. §§ 181-86 (2006); Claim for Just Compensation for Damage Caused by Secrecy Order; Proof of Actual Damage; Proof of Causal Connection Between Secrecy Order and Alleged Damage. Signed by Judge Wheeler.

Rails-to-Trails Act; Fifth Amendment Takings; Notice of Interim Trail Use (NITU); Surface Transportation Board; Application of State Property Law; Notice of Exemption; Notice of Consummation; Statute of Limitations; Continuous Government Action; NITU Extension; Renegotiation for Trail Use; Renegotiation for Railway; Statutory Construction Signed by Judge Hodges.

RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 56; Summary Judgment; Pro Se; Overtime Pay Claims; Fair Labor Standards Act; Administratively Uncontrollable Overtime Signed by Judge Block.

Fifth Amendment Taking; Rails to Trails; Scope of Easement; Railbanking; Deed Interpretation. Signed by Judge Horn.

Post-Award Bid Protest; Answer to Bidder Question Amended Solicitation Requirement; Latent Ambiguity in Solicitation; Arbitrary Disqualification of Offeror; Injunctive Relief. Signed by Judge Bush.

Pro Se Plaintiff; Dismissal for Lack of Subject Matter Jurisdiction Under RCFC 12(b)(1); Mootness Based on Settlement Agreement Signed by Judge Firestone.

Tucker Act, 28 U.S.C. § 1491(a); lack of subject-matter jurisdiction; RCFC 12(b)(1); absence of money-mandating provision of substantive law; absence of jurisdiction of Court of Federal Claims over criminal matters and over petitions for writs of habeas corpus; transfer of claims to another court where they could have been brought; 28 U.S.C. § 1631. Signed by Judge Miller, G..

I.R.C. § 6511; I.R.C. § 6532; I.R.C. § 7422; tax refund claim; basis in stock received in demutualization of mutual insurance company; Fisher v. United States, 82 Fed. Cl. 780 (2008); notice of disallowance not withdrawn; statute of limitations on filing tax refund claim in Court of Federal Claims not tolled. Signed by Judge Miller, G..

CDA Statute of Limitations, 41 U.S.C. § 7103(a)(4)(A); Claim Accrual, 48 C.F.R. § 33.201; FAR Credits Provision, 48 C.F.R. § 31.201-5; Contracting Officer’s Final Decision; Accrual Suspension Doctrine; Equitable Tolling; Continuing Claims Doctrine Signed by Judge Hodges.

Post-award Bid Protest; Standing; Actual or Prospective Bidder or Offeror; Waiver; Direct Economic Interest; Delay in Filing Protest; Laches. Signed by Judge Wheeler.