USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 12/21/2016
REPORTED OPINION denying Motion in Limine; granting [411] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion in Limine, Order on Cross Motion, Reported Opinion: Water Rights; Physical vs. Regulatory Takings; Endangered Species Act; Motions in Limine.

16-687 • ASI CONSTRUCTORS, INC. v. USA

Filed 12/20/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Differing Site Conditions; Misrepresentation; Covenant of Good Faith and Fair Dealing; Breach of Contract.

16-783 • BRUHN NEWTECH, INC. v. USA

Filed 12/19/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract; Copyright Infringement; Uniform Trade Secrets Act; 28 U.S.C. § 1498(b); 17 U.S.C. § 501.

12-488 • MEYER GROUP, LTD. v. USA

Filed 12/19/2016
REPORTED OPINION denying Application for Attorney Fees. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Equal Access to Justice Act; 28 U.S.C. § 2412; Substantial Justification; Special Circumstances That Would Make EAJA Fee Award Unjust; Issue of First Impression; Breach of Real Estate Brokerage Agreement. (TF3)

16-692 • MAHONEY v. USA

Filed 12/19/2016
REPORTED Order denying, as moot, Motion for Leave to Proceed in forma pauperis; and granting [12] Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 5425)

Keywords: re: Pro se; RCFC 12(b)(1); RCFC 12(b)(6); Lack of Subject Matter Jurisdiction; Res Judicata; Takings.

14-106 • NOFFKE v. USA

Filed 12/13/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Trial; Tax; 26 U.S.C. § 6672; Responsible Person; Willfulness.

16-143 • FREMUTH v. USA

Filed 12/13/2016
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis solely for the purpose of deciding the government's motion to dismiss; and granting [10] Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 5388)

Keywords: re: Subject Matter Jurisdiction: Pro Se Complaint; Tax Refund; Administrative Refund Request; Informal Claim Doctrine; I.R.C. § 6511; I.R.C. § 6532; Statute of Limitations.

15-1541 • TELOS CORPORATION v. USA

Filed 12/13/2016
REPORTED ORDER. Signed by Judge Victor J. Wolski. (ar1) Copy to parties.

Keywords: re: Reported Order (ar1)RCFC 62(c) motion for injunction pending appeal; unsuccessful bid protest; APA review standard; Federal Supply Schedule,FAR subpart 8.4; streamlined process; no substantial case on the merits

15-415 • CARPENTER et al v. USA

Filed 12/12/2016
REPORTED ORDER granting Motion for Partial Summary Judgment; denying [35] Cross Motion. Joint status report due by 1/17/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive]; Reported Order; Rails-to-Trails; Fifth Amendment Takings; Arkansas Law; Property Interest Conveyed; Easements versus Fees; Multifactor Test; Partial Summary Judgment.

14-447 • HARLEY-WHITE et al v. USA

Filed 12/09/2016
REPORTED OPINION granting Plaintiffs' Motion for Partial Summary Judgment on Liability; denying [41] Defendant's Cross-Motion for Summary Judgment on Liability. The parties are directed to submit a proposed schedule for trial preparatory steps in the damages phase of litigation on or before January 5, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Rails-to-Trails takings case; abandonment of rail use under Maine law; limited-use easements for railroad purposes (EK)

13-861 • ZAFER TAAHHUT INSAAT VE TICARET A.S. v. USA

Filed 12/09/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Contract Disputes Act; Request for Contracting Officer's Final Decision.

16-1006 • BEBERMAN v. USA

Filed 12/08/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [6] Motion to Stay; and denying [11] Motion to Strike. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 9935)

Keywords: re: Claim Under the Equal Pay Act of 1963, alleging gender-based discrimination; 29 U.S.C. § 206(d); previously-filed pending suit in Federal District Court and on appeal; application of 28 U.S.C. § 1500.

14-1225 • PROGRESSIVE INDUSTRIES, INC. v. USA

Filed 12/06/2016
REPORTED OPINION of ECF. No. 120, addressing MOTION to Redact [120] Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive],,,,,,, filed by USA. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Technical Proposal Evaluation; Source Selection Plan; Unequal Treatment; Injunctive Relief.

11-223 • AMERICAN INNOTEK, INC. v. USA

Filed 12/05/2016
REPORTED OPINION denying Motion to Alter Judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Motion to Alter or Amend a Judgment; RCFC 59(e); Timeliness; Grounds for Relief from a Final Judgment; RCFC 60(b); Obviousness; 35 U.S.C. § 103. (TF3)

16-829 • LEVEL 3 COMMUNICATIONS, LLC v. USA

Filed 12/05/2016
REPORTED MEMORANDUM OPINION (Reissuance of November 30, 2016 Memorandum Opinion for publication.) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties. Modified on 12/8/2016 to edit docket text. (dls). ModiREPORTED MEMORANDUM OPINION (Reissuance of November 30, 2016 Memorandum Opinion for publication.) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties. Modified on 12/8/2016 to edit docket text. (dls). Modified on 12/28/2016 - corrected pdf(jt1). (Main Document 56 replaced on 1/3/2017) (jt1).fied on 12/28/2016 - corrected pdf(jt1). (Main Document 56 replaced on 1/3/2017) (jt1).

16-1010 • KRUKOWSKI v. USA

Filed 12/02/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [12] Motion to Appoint Counsel. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [USPS tracking: 7011 0470 0002 5084 3723] (Main Document 15 replaced on 12/6/2016) (jt1).

Keywords: Rule 12(b)(l) Motion to Dismiss; Tort Claims; False Arrest Claim;Constitutional Claims; Proper Defendants; Claim Pending before another Court.

16-236 • TIBER CREEK CONSULTING, INC. v. USA

Filed 12/02/2016
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

16-1000 • CSC GOVERNMENT SOLUTIONS LLC v. USA

Filed 12/02/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on November 22, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest of an IT contract; cost-realism analysis; application of FAR § 52.222-46 to realism of proposed salaries with regard to program continuity, retention of professional employees, and uninterrupted high-quality work; consistency of the agency's cost-price and technical evaluations; past performance evaluation; discussions. (EK)

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 11/30/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden.

15-572 • DOYLE v. USA

Filed 11/30/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Fifth Amendment Takings, Breach of Contract, Ripe Claims, Statute of Limitations

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