USCFC General Jurisdiction-Reported

REPORTED OPINION: denying Motion to Dismiss pursuant to RCFC 12(b)(1) and 12(b)(6); filed by USA. The Court DENIES the government's motion to dismiss. Joint Status Report proposing a discovery schedule due by August 26, 2020. If the government elects to file a supplemental brief after consulting with the Office of the Solicitor General, it shall do so on or before August 10, 2020, and pursuant to one of the two options provided in the attached Opinion and Order. Signed by Judge Matthew H. Solomson. (sew) Service on parties made. Modified to replace PDF with corrected PDF on 7/28/2020

Keywords: re: Order on Motion to Dismiss - RCFC 12(b)(1) and 12(b)(6) Reported Opinion: RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act jurisdiction; 42 U.S.C. § 1437; Housing and Urban Development; annual contributions contract; public housing agency; breach of contract; money damages; contract damages; Bowen v. Massachusetts; "strings-attached" grants; judicial estoppel.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Tax Refund Claim; 26 U.S.C. § 7422(a); 26 C.F.R. § 301.6402-2(b)(1); Signature Requirement; Penalty of Perjury; Power of Attorney; Form 2848; Waiver Doctrine.

REPORTED OPINION of the court's sealed July 9, 2020 opinion, denying [57] Motion for Judgment on the Administrative Record filed by ANHAM FZCO; granting [63] Cross Motion to Motion for Judgment on the Administrative Record filed by USA; and granting [64] CROSS MOTION to Motion for Judgment on the Administrative Record filed by KGL FOOD SERVICES WLL. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motions for Judgment on the Administrative Record; Corrective Action Standard of Review; Agency Bias; Permanent Injunctive Relief. (TQ)

REPORTED ORDER Denying as Moot Motion for Attorney Fees; Denying [324] Motion for Attorney Fees; (Status Report due by 8/20/2020). Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 346 replaced on 7/23/2020)

Keywords: re: Order on Motion for Attorney Fees, Equal Access to Justice Act; EAJA; 28 USC § 2412; Attorneys Fees; Class Action; Position of the United States; Substantially Justified; Notice to Class.

PUBLIC REPORTED OPINION Denying Motion for Attorney Fees and Related Expenses filed by THE GREEN TECHNOLOGY GROUP, LLC. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion: Equal Access to Justice Act; Substantial Justification. (abg) Modified file date on 7/31/2020 (ead).

REPORTED ORDER/OPINION denying Motion for Reconsideration ; finding as moot [482] Motion to Strike. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Order on Motion to Strike, Reported Order: Motion for reconsideration; RCFC 59; Implied license; economic duress

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made.

Keywords: Bid Protest; Pre-Award Bid Protest; Assertions of Bias; Motion to Complete and Supplement Administrative Record; Limited Discovery re: Reported Opinion

REPORTED OPINION AND ORDER. Public version of opinion and order filed under seal on July 9, 2020. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion and Order: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Conservators; Shareholders; Fannie; Freddie; FHFA

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter final judgment in favor of defendant, and DISMISS plaintiffs' complaint in its entirety, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; Claims Sounding in Tort. (TQ)

REPORTED OPINION awarding legal fees and costs. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Federal contractors claim for partial reimbursement of legal fees and costs incurred in successful defense of qui tam suit; equitable adjustment; reasonableness of fees incurred.

REPORTED ORDER denying Motion to Stay; Joint Status Report due by 7/23/2020. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: re: Order on Motion to Stay, Reported Order: Motion to Stay; Rails-to-Trails; Fifth Amendment Taking; Indefinite Stay; Pressing Need.

REPORTED OPINION denying Second Motion to Amend Pleadings. Show Cause Notice due by 7/24/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Order denying Second Motion to Amend Pleadings: Motion to Amend; Futility; Bad Faith; Contracting Officer Final Decision.

REPORTED OPINION on defendant's motion for summary judgment. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Reported Opinion, Summary Judgment, Sufficiency of Evidence, Issue Preclusion, Bad Men Provision

REPORTED OPINION: granting in part and denying in part Motion to Remand. The case is remanded for a period not to exceed four months. The case is stayed pending the results of the remand. Status report from defendant due on 8/7/2020 and every 30 days thereafter during the pendency of the remand. Signed by Senior Judge Charles F. Lettow.

Keywords re [19]: Military disability; injury suffered during Navy Seal training exercise; opposed motion for voluntary remand; application of SKF USA.

REPORTED OPINION granting in part and denying in part Motion for Summary Judgment. Status Report due by 8/3/2020. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

REPORTED OPINION denying Motion for Attorney Fees and Bid Preparation and Proposal Costs. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re: Order on Motion for Attorney Fees, Reported Opinion: Bid Preparation and Proposal Costs; Causation; Equal Access to Justice Act; Prevailing Party

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Fifth Amendment Takings Claim; RCFC 12(b)(1); Motion to Dismiss; RCFC 56; Motion for Summary Judgment; Tucker Act; 28 U.S.C. § 1491; Stabilization Doctrine; Statute of Limitations; 28 U.S.C. § 2501; Time-Barred. Re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Summary Judgment, Reported Opinion.

REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [12] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Suit for recovery of charges in the form of environmental remediation costs incurred as a result of avgas contracts entered in the 1940s; res judicata; partial breach; Restatement (Second) of Contracts § 243; application of the Contract Settlement Act and the savings clause of Pub. L. No. 111-350.

REPORTED OPINION finding as moot Motion to Certify Class; granting [76] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Stock; Shareholders; Judicial Taking; Privity of Contract; Fannie; Freddie; FHFA

PUBLIC OPINION [154]. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords: re Bid Protest; DISA; Technical Evaluations; Substantively Indistinguishable; Office Design Group v. United States; Best Value Tradeoff.