USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
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17-97 • MOLINA HEALTHCARE OF CALIFORNIA, INC. et al v. USA
REPORTED OPINION: Granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [13] Cross Motion to Dismiss. Joint Status Report due by 8/25/2017. Signed by Judge Thomas C. Wheeler.
Keywords: re: Patient Protection and Affordable Care Act, § 1342; Risk Corridor Program; Presently Due Money Damages; Ripeness; Chevron Deference; Effect of Appropriation Riders Limiting Statutory Obligation; Highland Falls; Judgment Fund; Implied-in-Fact Contract Created by Statute; Express Contract; Fifth Amendment Takings; Declaratory Relief.
14-67 • KAPLAN v. USA
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.
Keywords: re: Equal Pay Act; 29 U.S.C. 206 (d)(1); Merit System.
17-310 • CHRISTEN v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. Copy to parties. (hw1). Modified on 8/4/2017 - USPS 7017 1450 0000 1346 3882 (hw1).
Keywords: Rules of the United States Court of Federal Claims ("RCFC")12(b)(l) (Jurisdiction), 12(b)(6) (Failure to State a Claim).
17-643 • BOBKA v. USA
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 3875]
Keywords:Challenge to conviction and imprisonment; contractual claims; statutory and rule based claims; jurisdiction
17-934 • MAIL TRANSPORTATION, INC. et al v. USA
REPORTED ORDER denying Motion for TRO; denying [2] Motion for Preliminary Injunction; granting in part and denying in part [20] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.
Keywords: re: Bid protest; Motion to Dismiss; RCFC 12(b)(1) & 12(b)(6); USPS;Highway Contract Route; Postal Vehicle Service; 39 U.S.C. § 5005; Motion for a Preliminary Injunction, RCFC 65. Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order
16-1489 • VETERANS TECHNOLOGY LLC et al v. USA
REPORTED OPINION. Signed by Chief Judge Susan G. Braden.
Keywords: re: 5 U.S.C. § 706 (Administrative ProcedureAct, Scope of Judicial Review); 15 U.S.C. §§ 632, 637 (Small Business Act); 28 U.S.C. § 1491(b)(1) (United States Court of Federal Claims Bid Protest Jurisdiction); 13 C.F.R. § 121.103(f) (Affiliation Rule), (h) (Joint Venture Rule); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Motion to Dismiss for Lack of Subject-Matter Jurisdiction); 52.1 (Motion for Judgment on the Administrative Record); 52.2 (Remand).
17-962 • KHALIL v. USA
REPORTED OPINION: Dismissing complaint; Denying [4] Motion to Transfer; Denying [3] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Tracking #7017 1450 0000 1346 3035. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Subject matter jurisdiction; RCFC 12(h)(3); Federal Tort Claims Act; 42 U.S.C. 1983.
14-168 • ALABAMA POWER COMPANY et al v. USA
Re-issued REPORTED OPINION of June 5, 2017, docket no [52], granting Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Reported Opinion. Motion for summary judgment; Nuclear Regulatory Commission Fees; Collateral estoppel. (TQ)
14-167 • GEORGIA POWER COMPANY v. USA
Re-issued REPORTED OPINION of June 5, 2017, docket no [52], granting Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Reported Opinion. Motion for summary judgment; Nuclear Regulatory Commission Fees; Collateral estoppel. (TQ)
04-541 • STOCKTON EAST WATER DISTRICT et al v. USA
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.
16-967 • MAINE COMMUNITY HEALTH OPTIONS v. USA
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; granting [22] Defendant's Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.
Keywords: re: Order on Motion for Summary Judgment, Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Money mandating statute; Affordable Care Act; Risk Corridors Program; 42 U.S.C. § 18062; Appropriations riders; Limitation on use of funds.
12-435 • WARD v. USA
REPORTED OPINION unsealing Opinion and Remand Order. Signed by Judge Mary Ellen Coster Williams.
Keywords: Military Pay; Disability Benefits; 10 U.S.C. § 1201; 28 U.S.C. § 1491; Army Reg. 635-40; Physical Evaluation Board; Waiver; Army Board for Correction of Military Records; Remand. re: Reported Opinion.
06-872 • GERALD K. KANDEL et al v. USA
REPORTED OPINION granting in part, as to former PCC employees who separated from employment prior to September 23, 1996 and denying in part, as to former PCC employees who separated from employment on or after September 23, 1996, Motion to Dismiss - Rule 12(b)(1) and (6). The parties are directed to file a joint status report, on or before 8/31/2017, proposing a schedule to govern this case going forward as to the claims of former employees who separated from PCC employment on or after September 23, 1996.. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion for Partial Dismissal; RCFC 12(b)(1); RCFC 12(b)(6); Class Action; Lump-Sum Payment Statute; 5 U.S.C. § 5551 (2012); Panama Canal Treaty; 28 U.S.C. § 1502 (2012).(TQ)
17-878 • COTTON & COMPANY, LLP v. USA
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.
Keywords: re: [49]: Bid Protest; Motion for Preliminary Injunction; Rule 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Standing.
17-835 • A SQUARED JOINT VENTURE v. USA
REPORTED OPINION denying Motion for TRO; denying [4] Motion for Preliminary Injunction. Status Report with proposed schedule for resolving the case on the merits due by 8/14/2017. Signed by Senior Judge Nancy B. Firestone.
Keywords: re: Order on Motion for TRO, Order on Motion for Preliminary Injunction, Reported Opinion: Bid Protest; Preliminary Injunction; Organizational Conflicts of Interest; Pre-award Protest
13-626 • MICHAEL ROTH & ASSOCIATES v. USA
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: Contract Disputes Act; Motion to Dismiss; Claim; Architect-Engineer Services; Design Within Funding Limitations Clause; Changes Clause.
11-555 • RDA CONSTRUCTION CORP. v. USA
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. Modified on 8/21/2017 - typographical corrections to pdf (jt1).
Keywords: re: Accord and Satisfaction; Breach of Contract; Cardinal Change; Contract Disputes Act, 41 U.S.C. §§ 7101-7109; False Claims Act, 31 U.S.C. §§ 3729-3733; Federal Acquisition Regulations 52.233-1 (Disputes), 52.236-2 (Differing Cite Conditions), 52.236-3 (Site Investigation and Conditions Affecting Work), 52.236-13 (Accident Prevention), 252.236-7001 (Contract Drawings and Specifications), 52.249-10 (Default on Fixed-Price Construction Contract); Rule of the United States Court of Federal Claims 12(b)(1); Special Plea in Fraud, 28 U.S.C. § 2514; Tucker Act Jurisdiction over Contract Disputes, 28 U.S.C. § 1491(a)(2); United States Court of Federal Claims Jurisdiction to Adjudicate Government Set-Offs, 28 U.S.C. §§ 1503, 2508.
15-501 • 3RD EYE SURVEILLANCE, LLC v. USA
REPORTED OPINION: Plaintiffs' motion to compel the government to produce documents, ECF No. 126, is DENIED with respect to potentially infringing systems procured, manufactured, or used by the government prior to February 12, 2013, except for those systems that were subsequently modified or upgraded by the government after that date. Signed by Judge Charles F. Lettow.
Keywords: re: Reported Opinion: Patent suit; 28 U.S.C. § 1498(a); motion to compel discovery; limitation on any claims pre-existing assignment of patents due to Assignment of Claims Act; 31 U.S.C. § 3727. (EK)
16-1717 • ENTERGY LOUISIANA, LLC v. USA
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Answer due by 8/23/2017. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.
Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Motion to Dismiss; Nuclear Regulatory Commission Fees; Collateral Estoppel; Breach of the Implied Duty of Good Faith and Fair Dealing; Fifth Amendment Taking; Pleading Alternative Theories. (TF3)
12-216 • UUSI, LLC et al v. USA
REPORTED OPINION denying Motion to Amend/Correct. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.
Keywords: re: Supplemental Pleading; RCFC 15(d); Futility; RCFC 9(b); Inequitable Conduct; Materiality; Patent Trial and Appeal Board; Inter Partes Review; Affirmative Acts of Egregious Misconduct. (TF3)
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