USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-564 • ETCHEGOINBERRY et al v. USA

Filed 01/15/2014
REVISED AND FINAL OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Fifth Amendment Takings; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Stabilization Doctrine; Justifiable Uncertainty.

13-969 • SRA INTERNATIONAL, INC. v. USA

Filed 01/14/2014
REPORTED OPINION (REDACTED VERSION OF DOCKET NO. 25). Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (arbitrary and capricious action); Federal Acquisition Streamlining Act of 1994;Jurisdiction; Organizational Conflicts of Interest, 48 C.F.R. § 9.500(a);Waiver of Conflict of Interest, 48 C.F.R. § 9.503; 4 C.F.R. § 21.11 (advisory opinion); 12 C.F.R. § 366.1 (minimum standards of integrity and fitness required by Federal Deposit Insurance Corporation contractors);12 U.S.C. § 1819(a) (corporate powers of the Federal Deposit Insurance Corporation); 12 U.S.C. § 1822(f) (conflicts of interest governing Federal Deposit Insurance Corporation contractors); 31 U.S.C. § 3554(b)(c) (decisions on bid protests by the United States Government Accountability Office) . (dw1) Modified on 7/21/2014 (jt1).

09-317 • MCKOWN v. USA

Filed 01/13/2014
REPORTED OPINION and ORDER granting defendant's motion to dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra. (dls) Copy to parties.

Keywords: re:Takings; Motion to dismiss for lack of subject matter jurisdiction - RCFC 12(b)(l); 28 U.S.C. § 1500; Klamath lrrigation Dist. tests applied; Previously-filed case in district court, that was pending at the time the case in question was filed, involved the same claims; Motion granted - case dismissed for lack of jurisdiction re: [42] Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion/Order.

12-181 • EBEYER et al v. USA

Filed 01/10/2014
PUBLISHED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint with prejudice. Signed by Judge Lynn J. Bush.

Keywords: re: Tax; Refund Claim; 26 U.S.C. § 6511(b)(2)(A) (2012); Whether Plaintiffs Requested an Extension to File Their 2006 Federal Income Tax Return re: [31] Order on Motion for Summary Judgment, Reported Opinion/Order.

12-860 • STAMMERJOHAN v. USA

Filed 01/09/2014
PUBLISHED ORDER finding that plaintiff qualifies for in forma pauperis status; and granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

13-242 • NEXTEC APPLICATIONS, INC. v. USA

Filed 01/09/2014
REPORTED Order denying Motion to Dismiss. Because plaintiffs claims for patent infringement are not barred by 28 U.S.C. § 1500, the governments motion to dismiss for lack of jurisdiction is DENIED. The plaintiff shall have until January 20, 2014 to file an amended complaint consistent with this ruling. The parties shall file a joint preliminary status report by February 18, 2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss; 28 U.S.C. § 1500; 28 U.S.C. § 1498(a); Patent Claims; Private Patent Litigation. (dw1) Modified on 7/15/2014 (jt1).Keywords: re: [25] Motion to Dismiss; 28 U.S.C. § 1500; 28 U.S.C. § 1498(a); Patent Claims; Private Patent Litigation. (lld) Modified on 7/15/2014 (jt1).

13-811 • LEAMING v. USA

Filed 01/09/2014
REPORTED Order If plaintiff wishes to pursue his claims in this court, he must pay the court's filing fee. If plaintiff does not pay the filing fee by Monday, February 10, 2014, the clerk shall, without further order of the court, dismiss his complaint without prejudice for failure to pay the filing fee. Briefing is suspended pending further order of this court. Notice of Compliance due by 2/10/2014. Signed by Judge Margaret M. Sweeney.

Keywords: re: Prisoner suit; In Forma Pauperis; 28 U.S.C. § 1915A (2012). (dw1) Modified on 7/22/2014 (jt1).Keywords: re: [12] Prisoner suit; In Forma Pauperis; 28 U.S.C. § 1915A (2012). (lld) Modified on 7/22/2014 (jt1).

10-192 • SALEM FINANCIAL, INC. v. USA

Filed 01/07/2014
REPORTED Order denying Motion to Alter Judgment Signed by Judge Thomas C. Wheeler.

Keywords: re: Tax Refund Suit; STARS Structured Transaction Between BB&T Bank and Barclays Bank; Rule 59(e) Motion to Alter or Amend the Courts Judgment. (dw1) Modified on 7/10/2014 (jt1).Keywords: re:[245] Tax Refund Suit; STARS Structured Transaction Between BB&T Bank and Barclays Bank; Rule 59(e) Motion to Alter or Amend the Courts Judgment. Modified on 7/10/2014 (jt1).

11-743 • GROOMS v. USA

Filed 01/07/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [13] Motion for Judgment on the Administrative Record; denying [14] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Lawrence J. Block.

Keywords: re: RCFC 52.1; RCFC 12(b)(6); arbitrary and capricious; substantial evidence; Military Disability pay; 10 U.S.C. § 1201; 10 U.S.C. § 1203; benefit of the doubt rule. (dw1) Modified on 7/10/2014 (jt1).Keywords: re: [21] RCFC 52.1; RCFC 12(b)(6); arbitrary and capricious; substantial evidence; Military Disability pay; 10 U.S.C. § 1201; 10 U.S.C. § 1203; benefit of the doubt rule.

13-467 • TAYLOR v. USA

Filed 01/07/2014
PUBLISHED ORDER granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Docket Entry [40] entered for administrative purposes.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim. (dw1) Modified on 7/22/2014 (jt1).

07-628 • PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT v. USA

Filed 01/06/2014
PUBLISHED OPINION granting in part Motion to Dismiss and denying [87] Motion for Summary Judgment. (Joint Status Report due by 2/14/2014.) Signed by Judge Margaret M. Sweeney. (kb1) Docket entry [111] docketed for administrative purposes.

Keywords: re:Misrepresentations; Negligent Estimates; Summary Judgment; Genuine Issues of Material Fact; CDA; Negotiated Utility Service Contract.

07-628 • PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT v. USA

Filed 01/06/2014
REPORTED OPINION granting in part Motion to Dismiss and denying [87] Motion for Summary Judgment. Signed by Judge Margaret M. Sweeney. (lld) Copy to parties. Modified on 2/18/2014

Keywords: re:Misrepresentations; Negligent Estimates; Summary Judgment; Genuine Issues of Material Fact; CDA; Negotiated Utility Service Contract.

07-698 • YAMAGATA v. USA

Filed 01/06/2014
REPORTED OPINION The Government's Motion for Summary Judgment is GRANTED and the Plaintiffs' [87] Cross-Motion for Summary Judgment is DENIED. The Clerk is directed to enter judgment accordingly. Each party to bear its own costs. Signed by Judge Nancy B. Firestone.

Keywords: re: Kintner Regulations; 26 C.F.R. §§ 301.77011 to 3 (1996); classification of organization as corporation or partnership for tax purposes; Substantial Variance Rule. (dw1) Modified on 7/10/2014 (jt1).Keywords: re:[120] Kintner Regulations; 26 C.F.R. §§ 301.77011 to 3 (1996); classification of organization as corporation or partnership for tax purposes; Substantial Variance Rule (lld) Modified on 7/1/2014 (lld).

13-71 • COASTAL ENVIRONMENTAL GROUP, INC v. USA

Filed 01/06/2014
PUBLISHED OPINION (originally filed under seal on December 16, 2013). Signed by Judge Margaret M. Sweeney. (kb1) Docket entry entered for administrative purposes.

Keywords: re: Postaward Bid Protest; Cancellation of Procurement After Protest Filed; Motion to Dismiss; Mootness; Motion for Leave to File an Amended complaint; RCFC 15(a) Versus RCFC 15(d); Futility of Supplementation; Laches; Supplemental complaint Permitted. (lld) Modified on 7/15/2014 (jt1).

13-71 • COASTAL ENVIRONMENTAL GROUP, INC v. USA

Filed 01/06/2014
REPORTED OPINION(originally filed under seal on December 16, 2013). Signed by Judge Margaret M. Sweeney. (lld) Copy to parties. Modified on 2/18/2014

Keywords: re: Postaward Bid Protest; Cancellation of Procurement After Protest Filed; Motion to Dismiss; Mootness; Motion for Leave to File an Amended complaint; RCFC 15(a) Versus RCFC 15(d); Futility of Supplementation; Laches; Supplemental complaint Permitted. (lld) Modified on 7/15/2014 (jt1).

13-171C • KEITH A. HOUGHTLING V. THE UNITED STATES

Filed 12/23/2013
Military pay; Article 15 Non-judicial punishment; Justiciability; Disability Retirement; Administrative Separation. Signed by Judge Bruggink.

07-157C, 07-167C, 07-184C • PACIFIC GAS AND ELECTRIC COMPANY, et al. V. THE UNITED STATES

Filed 12/20/2013
RCFC 54(b) (judgment on multiple claims or involving multiple parties); RCFC 59(a) (grounds for reconsideration); RCFC 59(e) (motions to alter or amend a judgment). Signed by Judge Braden.

09-585V • LAMONA DODD, parent of S.S., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 12/19/2013
Vaccine Injury; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (2006); Proof of Causation; Whether Petitioner Established a Logical Sequence of Cause and Effect. Signed by Judge Bush.

00-512L • PETRO-HUNT, L.L.C. V. THE UNITED STATES

Filed 12/19/2013
Motion to compel production; Judicial takings case; Stop the Beach; Documents sought not relevant within the meaning of RCFC 26(b)(1); Motion denied. Signed by Judge Allegra.

12-151C • JEMAL’S LAZRIV WATER, LLC V. THE UNITED STATES

Filed 12/19/2013
Contract Disputes Act; GSA Leases for Office Space; Tax Adjustment Clause; Contract Interpretation; Determination of Base Year and Full Assessment; Cross-Motions for Summary Judgment. Signed by Judge Wheeler.

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