USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-218 • VELLANTI v. USA

Filed 01/09/2015
REPORTED OPINION denying Defendant's Motion to Dismiss - Rule 12(b)(6); granting [9] Defendant's Motion for Judgment on the Administrative Record; denying [15] Plaintiff's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss; RCFC 12(b)(6); Military Pay Act; 37 U.S.C. § 204; 10 U.S.C. § 12686; AFI 36-2619; AFI 36-2131; Involuntary Retirement

11-84 • LIBERTY AMMUNITION, LLC v. USA

Filed 12/31/2014
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on December 19, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-trial decision in patent case; U.S. Patent No. 7,748,325 entitled "Firearms Projectile;" patent validity; 35 U.S.C. § 103 (2006); infringement by M855A1 and M80A1 ammunition; "reasonable and entire compensation" for the compulsory, non-exclusive patent license; 28 U.S.C. § 1498(a)

09-283 • BALESTRA et al v. USA

Filed 12/30/2014
REPORTED OPINION - see ORDER granting [89] MOTION to publish. Signed by Judge Victor J. Wolski. Keywords: Summary judgment; FICA taxes, 26 U.S.C. § 3101; nonqualified deferred compensation; special timing rule, 26 U.S.C. § 3121(v)(2); benefits discharged in bankruptcy; 26 C.F.R. § 31.3121(v)(2)-1(a), (c); substantial risk of forfeiture; risk of default; accrual accounting; plain meaning; rationality of present value regulations; Chevron; Dominion Resources.

08-237 • ALABAMA POWER COMPANY et al v. USA

Filed 12/29/2014
REPORTED UNSEALED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion -- Spent Nuclear Fuel; Standard Contract Requirements; Breach of Contract Damages; Proof of Causation; Loading Costs; Equipment and Plant Modifications Costs; and Nuclear Regulatory Commission Fees.

12-175 • KING et al v. USA

Filed 12/23/2014
REPORTED OPINION denying Plaintiffs' Motion for Summary Judgment; granting in part and finding in part as moot [97] Defendant's Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Cross-Motion for Summary Judgment; Fair Labor Standards Act; Learned Professional Exemption; Teacher Exemption; United States Customs and Border Protection; Course Developer/Instructor.

14-378 • AKIMA INTRA-DATA, LLC v. USA

Filed 12/23/2014
REPORTED OPINION Published.Signed by Judge Nancy B. Firestone.

Keywords: re: Post-Award Bid Protest; Javits-Wagner-ODay Act, 41 U.S.C. § 8501 et seq.; AbilityOne Program; Direct Labor Ratio; Alaska-Native-OwnedCorporation Craig.

08-700 • DOBYNS v. USA

Filed 12/22/2014
REPORTED ORDER. Memorandum due by 1/5/2015 Response due by 1/12/2015.Signed by Judge Francis M. Allegra. (Allegra, Francis) Copy to parties.

14-187 • BIO-MEDICAL APPLICATIONS OF AQUADILLA, INC. v. USA

Filed 12/19/2014
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Defendant's Answer to plaintiffs' complaint due by 1/30/2015.. Signed by Judge Lynn J. Bush.

Keywords: re: Opinion on Motion to Dismiss - Rule 12(b)(1), Reported Order. Underpayment Claim; Money-Mandating Regulation; 38 C.F.R.§ 17.56 (2008); RCFC 12(b)(1); RCFC 12(b)(6). (TQ)

10-546 • CROOKER v. USA

Filed 12/18/2014
REPORTED OPINION granting in part and denying in part Cross Motion; granting in part and denying in part [7] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: and [7] Unjust Conviction and Imprisonment; 28 U.S.C. § 1495; 28 U.S.C. § 2513; Damages; Sentencing Credit; 18 U.S.C. § 3585; Pre-Trial Detention

10-318 • SALTER v. USA

Filed 12/18/2014
REPORTED OPINION granting Motion for Summary Judgment; denying [25] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion to Strike, Reported Opinion. Alleged breach of fiduciary duties; Bureau of Prisons; inmate trust fund account; Inmate Financial Responsibility Program, 28 C.F.R. § 545.11(d); payment of court-ordered fine; coercion or duress; unlawful or improper conduct standard; summary judgment for the government, RCFC 56.

13-779 • DEMONS et al v. USA

Filed 12/16/2014
REPORTED ORDER. Docketed for administrative purposes only. Signed by Judge Susan G. Braden.

14-575 • ALLEN v. USA

Filed 12/15/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Plea Agreement.

12-303 • HITKANSUT LLC et al v. USA

Filed 12/12/2014
REPORTED OPINION and ORDER reflecting no redactions from prior version issued under seal on December 5, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion. Patent case; U.S. Patent No. 7,175,722 entitled "Methods and Apparatus for Stress Relief Using Multiple Energy Sources"; enablement challenge; 35 U.S.C. § 112, Paragraph 1 (2006); Wands factors; dependent claim that does not state a further limitation on the independent claim upon which it depends; 35 U.S.C. § 112, Paragraph 4 (2006).

04-1544 • ELLAMAE PHILLIPS COMPANY v. USA

Filed 12/09/2014
REPORTED OPINION denying Defendant's Motion for Summary Judgment; granting [190] Plaintiff's Cross Motion. (Status Report due by 12/23/2014). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion, Takings; Rails-to-Trails; Abandonment of Easement; Calculation of Damages.

14-382 • CEARLEY v. USA

Filed 12/08/2014
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Jurisdictional Requirements for a Tax Refund Suit; Failure to State a Claim Upon Which Relief Can Be Granted; Lack of Subject Matter Jurisdiction; Money-Mandating Source; Prison Litigation Reform Act.

14-822 • BANNUM, INC. v. USA

Filed 12/05/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

13-864 • BANKS v. USA

Filed 12/05/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Action for Improper Military Discharge; Jurisdiction Under Military Pay Act; Voluntary Separation; Failure to State a Claim on Which Relief Can Be Granted.

14-307 • SAVANTAGE FINANCIAL SERVICES, INC v. USA

Filed 11/26/2014
REPORTED OPINION (reissuing Opinion and Order for publication). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion: Bid Protest; Motion to Vacate; Motion for Leave to File an Amended Complaint; Foman v. Davis; Futility; Ripeness

14-301 • FIRSTLINE TRANSPORTATION SECURITY, INC. v. USA

Filed 11/25/2014
REPORTED OPINION Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-Award Bid Protest; TSA Procurement for Airport Security Services; Challenges to Agency's Evaluation After Remand; Analysis of Disparate Offerors With Identical Non-Price Ratings; Degree of Agency Discretion in Best Value Procurements.

14-864 • IBM CORPORATION v. USA

Filed 11/25/2014
REPORTED ORDER & OPINION [Redacted] denying Motion for Preliminary Injunction; denying [28] Motion to Complete and Supplement the Administrative Record and for Leave to Take Related Discovery. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

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