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https://www.courtlistener.com/api/rest/v3/opinions/7218221/ | ORDER AND MEMORANDUM **
Maddela petitions for review of the Board of Immigration Appeals’ (BIA) decision concluding that Maddela is deportable as an aggravated felon based on his conviction for burglary in the second degree in violation of California Penal Code (CPC) § 459. We deny Maddela’s motion to supplement the re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218222/ | MEMORANDUM *
Tatyana Leonidovna Gartsman, a.k.a. Tatyana Turina,1 a citizen of the Ukraine, petitions for review of the order of the Board of Immigration Appeals (“BIA”) upholding an Immigration Judge’s denial of her request for asylum and for withholding of deportation.2 We reverse and remand.
An alien can qualify for... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218223/ | RAWLINSON, J.,
dissenting.
Judge Rawlinson dissents for the reasons stated in the now-withdrawn memorandum filed on October 12,2001. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218224/ | MEMORANDUM *
Claimant-Appellant Jeanette Harris appeals the district court’s order upholding the Commissioner of Social Security’s denial of disability insurance benefits under Title II of the Social Security Act. Because the parties are familiar with the facts, we recite them only as necessary. We remand to the Commis... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218225/ | MEMORANDUM *
Diane and Gary Saumur (“the Saumurs”) appeal the District Court’s partial dismissal and partial summary judgment of their 42 U.S.C. § 1983 action against Appellees. The Saumurs contend that the District Court erred in concluding that a search warrant issued for their residence was supported by probable cau... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218511/ | ORDER DISMISSING CASE
SUSAN G. BRADEN, Judge
On September 16, 2014, the United States Court of Appeals for the Federal Circuit issued an opinion vacating the Order on jurisdiction in the above-captioned case and remanding for dismissal. See SRA Int'l, Inc. v. United States, 766 F.3d 1409, 1414 (Fed.Cir.2014) (“Accordin... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218512/ | Dispute over allowance of deferred compensation costs claimed under a cost-plus-fixed-fee contract; jurisdiction; privity of contract; third-party beneficiary of a contract; constitutional and civil rights claims
OPINION AND ORDER
LETTOW, Judge.
This case arises from the same events as another case currently pending in... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218513/ | Pro Se Plaintiff; In Forma Plaintiff, Pauperis Application; Lack of Subject Matter Jurisdiction. ORDER
HORN, J.
FINDINGS OF FACT
On February 25, 2015, pro se plaintiff, James Edwin Barnard, filed a one page and four line letter/complaint in the United States Court of Federal Claims,1 which was directed to “Officers of ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218514/ | Motion for attorney's fees; Equal Access to Justice Act — 28 U.S.C. § 2412(d)(1)(A); United States Department of Housing and Urban Development — Housing Assistance Payments; “Substantially justified”; Defendant’s position was “reasonable basis in law and fact”; Motion denied.
OPINION
ALLEGRA, Judge:
Before the court is... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218227/ | MEMORANDUM *
Richard Casas appeals the district court’s refusal to compel the government to move for a downward departure under U.S. Sentencing Guideline § 5K1.1 (“Substantial Assistance to Authorities”). His plea agreement obligated the government to do so if it found he had “provided *137substantial assistance.” It i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218228/ | MEMORANDUM **
Petitioner, Nacereddine Bouzouad, a.k.a. Houari Benghozala, petitions for review of the BIA’s decision affirming the IJ’s denial of his application for asylum. Petitioner contends that he worked as a singer at weddings in Algeria and that, in 1997, he received threats from “terrorists” that he should stop... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218229/ | MEMORANDUM*
Micron Technology, Inc. (“Micron”) discharged James Stefano (“Stefano”) for insubordinate conduct after he sent materials to a Micron Board Member that included criticisms of Micron’s CEO. Stefano sued under Idaho law, alleging wrongful discharge and slander.1 The district court granted summary judgment to ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218230/ | MEMORANDUM***
Defendant-Appellant Cristobal DeLeon Fernandez was convicted by a jury of conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846. On appeal, Fernandez argues: (1) that the trial court erred in failing to hold a full evidentiary hearing to... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218232/ | MEMORANDUM **
1. The district court did not err in concluding that tribal courts should have first opportunity to determine whether they have jurisdiction to hear actions based on the Family and Medical Leave Act. See Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9,15, 107 S.Ct. 971, 94 L.Ed.2d 10 (1987) (“[Although the exi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218233/ | *154MEMORANDUM **
Ronald Everett, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by conducting an anal cavity search pursuant to a search warrant and subsequently placing him into administ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218234/ | MEMORANDUM**
Osman Manfredy Maldonado de Leon (“Maldonado”), a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218516/ | Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.
ORDER
HORN, J.
FINDINGS OF FACT
The plaintiff, Matthew Lee Baber, filed a pro se, handwritten complaint in this court on May 27, 2015, and has since filed an application to proceed in forma pauperis. Plaintiffs complaint, in the form ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218517/ | Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.
ORDER
MARIAN BLANK HORN, Judge
On June 4, 2015, plaintiff Dallas Matthew Alston-Bullock filed a one and one-third page, handwritten pro se letter in the United States Court of Federal Claims, along with an application to proceed in fo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218518/ | Pro Se; Rule 12(b)(1); Subject-Matter Jurisdiction
MEMORANDUM OPINION AND ORDER
LYDIA KAY GRIGGSBY, Judge
I. INTRODUCTION
Pro se plaintiff, Michael S. Ross, brought this action pursuant to the Social Security Act, 42 U.S.C. §§ 301-1397mm (2012), seeking monetary damages related to his social security retirement benef... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218519/ | Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction; Injunctive Relief.
ORDER
HORN, J.
FINDINGS OF FACT
On July 6, 2015, plaintiff Francis Edward Veasey filed a two-and-a-half-page pro se complaint in the United States Court of Federal Claims, along with an application to proceed in for... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224433/ | UNSEALED MEMORANDUM OPINION AND ORDER
1
JAMES O. BROWNING, District Judge.
You can’t hide your lyin’ eyes
And your smile is a thin disguise
I thought by now you’d realize
There ain’t no way to hide your lyin’ eyes
The Eagles, Lyin’ Eyes (1975 Cass County Music & Red Cloud Music).
THIS MATTER comes before the Court on... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218235/ | MEMORANDUM *
David Contreras-Castillo (“Petitioner”) appeals from the district court’s denial of his petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. We review the district court’s decision de novo. Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir.2002). We have jurisdiction pursuant to... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218236/ | MEMORANDUM **
Allegra Green filed this pro se action in state court against (1) an arbitrator; (2) the arbitrator’s law firm; (3) the American Arbitration Association; (4) her former employer; (5) corporate affiliates of her former employer; and (6) the employer’s law firm. Defendants removed the case to federal court ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841942/ | Callahan, J.
The issue in this appeal is whether a criminal defendant’s right to due process is violated when he is resentenced on a lesser included offense after a successful appeal of the greater offense and receives a sentence which, while thirty years less than his original sentence, is the maximum sentence allowed... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841943/ | Glass, J.
In this will construction case, the plaintiff, Anne Barnett Zauner, challenges the judgment of the Superior Court in favor of the defendant, Leonie Sullivan (Walker) Brewer,1 following the granting of the defendant’s motion for summary judgment. Because we conclude that genuine issues of material fact exist a... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841944/ | Glass, J.
This case involves a claim of housing discrimination brought by the defendant Nancy Marzan Melendez against the plaintiffs, William S. Miko, Joseph Miko and Edward D. Sullivan, as owners of Olive Garden Apartments, an apartment complex in Bridgeport. Melendez filed a complaint with the named defendant, the co... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841946/ | Shea, J.
We consider today what redress, if any, should be afforded a public official called to defend himself publicly against charges of wrongdoing and incompetence subsequently found by a jury to have been baseless, but some of which we conclude were grounded in probable cause as a matter of law. As a result of this... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841947/ | F. X. Hennessy, J.
The defendant, Brian Niblack, was charged in an original information with the crime of murder in violation of General Statutes § 53a-54a,1 and, in an additional information, with the crimes of escape from custody in violation of General Statutes § 53a-171, and kidnapping in violation of General Statu... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841948/ | Callahan, J.
The principal issue in this appeal is whether an insurance company may use collateral estoppel to bar the heirs of a homicide victim from' relitigating the issue of the criminal defendant’s intent to cause the injuries that resulted in the victim’s death.
The defendant, Russell F. Manfredi (Manfredi), was ... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841949/ | Callahan, J.
The plaintiff, John N. Adriani, appeals from the judgment of the trial court dismissing his appeal from a decision of the named defendant, the commission on human rights and opportunities (commission). The commission had dismissed the plaintiffs employment discrimination complaint without a hearing on the ... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841951/ | Covello, J.
This is an application for relief from the allegedly wrongful assessment of real property brought pursuant to General Statutes § 12-119.1 The issues presented are: (1) Can routine disputes as to the value of real property serve as the basis for an application for relief pursuant to § 12-119; (2) Does the ad... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841955/ | Shea, J.
This is an appeal from the denial by the trial court of the plaintiffs motion to open a judgment of dissolution for the purpose of modifying the award of periodic alimony. We are asked to decide whether the court was bound to consider an inheritance received by the defendant several years after the original al... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841956/ | Covello, J.
This is the defendant’s appeal from his conviction of one count of felony murder in violation of General Statutes § 53a-54c.1 The issues on appeal *387are whether: (1) the state was entitled to a jury instruction on accessorial liability; (2) a television interview of the victim’s mother, viewed by two juro... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841957/ | Berdon, J.
The sole issue in this appeal is whether a criminal defendant who agrees to plead guilty to certain charges in consideration of the state’s promise to recommend a sentence that is below the statutory maximum, while reserving the right to argue for a lesser sentence, has entered into a “plea agreement” within... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841958/ | Callahan, J.,
with whom Covello, J., joins, dissenting. I joined Justice Healey’s dissenting opinion in Staples v. Palten, 214 Conn. 195, 201, 571 A.2d 97 (1990), and believe that the reasoning of that opinion is equally applicable to this case. I respectfully dissent. | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841959/ | Glass, J.
After a jury trial, the defendant, Shawn Henning, was convicted of felony murder in violation of General Statutes § BSa-Mc.1 The trial court sentenced the defendant to a term of fifty years, and this appeal followed.
On appeal, the defendant claims that the trial court improperly: (1) denied his motion for ju... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841960/ | Berdon, J.,
concurring. I agree with the majority that the judgment of felony murder should be affirmed. I, however, disagree with the majority’s consideration of whether there was sufficient evidence to instruct the jury on the lesser included crime of burglary in the third degree. Whistnant makes clear that to be ent... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841961/ | Peters, C. J.
In this action for breach of a commercial construction contract, the principal issue is whether *435the trial court, in its evidentiary rulings and its instructions to the jury, assigned proper weight to the terms of three contracts consecutively negotiated by the parties. The appeal arises out of two law... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7842500/ | The defendants’ petition for certification for appeal from the Appellate Court, 28 Conn. App. 221, is granted, limited to the following issue:
“Did the plaintiff establish probable cause in its application for a prejudgment remedy, in which it alleged that the defendants had agreed to reimburse the plaintiff for the am... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218248/ | ORDER
EMILY C. HEWITT, Chief Judge.
Before the court is Plaintiffs Motion to Conform Filing Date (plaintiffs Motion or PL’s Mot.), Docket Number (Dkt. No.) 4, filed April 16, 2012. Plaintiffs Motion requests that the court deem plaintiffs Complaint for Breach of Contract and Just Compensation (Complaint or Compl.), Dk... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218249/ | ORDER DENYING PLAINTIFFS’ MOTION TO STRIKE, STAYING CONSIDERATION OF PLAINTIFFS’ MOTION FOR SANCTIONS, AND SETTING A SCHEDULE
FIRESTONE, Judge.
The dispute in this Fifth Amendment Takings case centers on whether defendant the United States (“the government”) acted in its sovereign capacity when it purchased approximate... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218250/ | OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
WILLIAMS, Judge.
This tax refund case comes before the Court on the parties’ cross-motions for summary judgment. At issue is whether, in calculating the gain realized upon the sale of an asset under the Foreign Sales Corporation regime, the asset’s basi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218251/ | OPINION and ORDER
HEWITT, Chief Judge.
Before the court is plaintiffs Complaint (Complaint or Compl), Docket Number (Dkt. No.) 1, filed May 7, 2012.1 Plaintiff alleges that a federal judge of the United States District Court for the Northern District of California (Northern District of California) “performed a non jud... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218252/ | OPINION AND ORDER
LETTOW, Judge.
Plaintiff Joseph Johnson, Jr., seeks damages and equitable relief from the United States (“the government”) for alleged negligence, violation of the Administrative Procedure Act, and breach of contract by the Department of Education (“the agency”) in connection with consolidated educati... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218253/ | OPINION and ORDER
HEWITT, Chief Judge.
Before the court is plaintiffs Complaint (Complaint or Compl.), Docket Number (Dkt. No.) 1, filed May 9, 2012.1 Pro se plaintiff Heather Marie Toohey alleges that “[u]nder the Federal Tort Claims Act (FTCA) statute 28 U.S.C. [§§ ] 1346(b), 2671-2680, the United States was neglige... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218255/ | MEMORANDUM OPINION AND ORDER
MILLER, Judge.
This case is before the court on defendant’s motion to dismiss pursuant to RCFC 12(b)(1) for lack of subject matter jurisdiction. The issue for decision is whether plaintiffs Anthony J. and Maria T. Nasharr1 have met the required jurisdictional elements to proceed before the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218256/ | OPINION AND ORDER
LETTOW, Judge.
This is the latest chapter in the longstanding tax saga involving American Agri-Corp, Inc. (“AMCOR”). In the 1980s, plaintiffs Lawrence R. and Cecil McCann, and James H. and Arbelia Epps, invested in various tax shelter partnerships sponsored by AMCOR. In Final Partnership Administrativ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218257/ | MEMORANDUM OPINION AND ORDER VACATING STAY
WILLIAMS, Judge.
Background
In this action, Eaglehawk Carbon, Inc. and six other coal producers seek to recover reclamation fees paid to the United States under the Surface Mining Control and Reclamation Act. The reclamation fees are assessed on a per ton basis of “coal prod... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218260/ | OPINION AND ORDER
SMITH, Senior Judge.
This case is one of many eases before the Court whereby Defendant alleges that the ease must be dismissed pursuant to RCFC 12(b)(1), relying on 28 U.S.C. § 1500 as interpreted by United States v. Tohono O’odham Nation, — U.S. -, 131 S.Ct. 1723, 179 L.Ed.2d 723 (2011) (“Tohono O’o... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218261/ | OPINION AND ORDER
LETTOW, Judge.
This case concerns a contractual allocation of water for production of power from the upper Snake River in Idaho. In 1923, Idaho Power Company (“Idaho Power”) reached an agreement with the Bureau of Reclamation (“the agency”) concerning construction of the then-proposed American Falls D... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218262/ | OPINION
WILLIAMS, Judge.
This vaccine injury case comes before the Court on Respondent’s motion for review of an award of interim fees after Petitioners’ counsel withdrew from this action due to irreconcilable differences with their clients.
Respondent contests two aspects of the Special Master’s fee award — the Specia... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218263/ | OPINION
BASKIR, Judge.
Plaintiff, Papillon Arways (Papillon), seeks a refund of $900 it paid in Federal Ar Transportation Excise Tax pursuant to 26 U.S.C. § 4261, and to abate the remaining $7,741,569 the Internal Revenue Service (IRS) asserts it owes. It claims exemption from the excise tax as an air taxi under 26 U.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218265/ | ORDER
HEWITT, Chief Judge.
Before the court, unfiled, is plaintiffs Motion to Enforce Willful Default Judgment No. 11-46C (plaintiffs Motion or Pl.’s Mot.), which was received in chambers on May 22, 2012. Plaintiffs Motion was delivered to the court unfiled because Case No. 11-46 C is closed. Plaintiffs claims in Case... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218266/ | OPINION
MARGOLIS, Senior Judge.
This matter comes before the Court on defendant’s Motion to Dismiss, filed February 27, 2012. The Court finds that plaintiff has failed to state a claim on which relief can be granted because the Federal Back Pay Act does not allow an attorney to directly sue for fees and because the Fe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218267/ | OPINION AND ORDER
WHEELER, Judge.
This case is before the Court on the parties’ cross-motions for summary judgment on liability. Plaintiff, SUFI Network Services, Inc. (“SUFI”) is seeking the recovery of attorneys’ fees, expenses, and interest that it incurred following the Government’s material breach of a contract f... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218268/ | *197OPINION
FIRESTONE, Judge.
In this “Rails-to-Trails” ease, this court previously ruled that the government violated the Fifth Amendment when it “took” an interest in plaintiffs’ property without paying just compensation by authorizing recreational trail use across plaintiffs’ properties under a Notice of Interim Tra... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218269/ | OPINION
BRUGGINK, Judge.
This is an action brought pursuant to the court’s bid protest jurisdiction. Plaintiff, the incumbent contractor to provide base supply services at Joint Base Elmendorf-Richard-son Air Force Base, Alaska, asks the court to enjoin the Air Force from performing these services in-house. Although op... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218270/ | OPINION AND ORDER
SWEENEY, Judge.
This lawsuit is plaintiffs’ latest attempt to avoid the payment of federal income taxes. Because plaintiffs have not alleged any facts or cited any law that would bring their complaint within this court’s jurisdiction, summary dismissal is appropriate.
I. BACKGROUND
According to the a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218272/ | OPINION AND ORDER
LETTOW, Judge.
In 1997, plaintiff Maurice Sykes was convicted in the District of Columbia Superior Court of first-degree felony murder while armed. Following denial by the trial court of motions for post-conviction relief, his conviction was reversed by the Distinct of Columbia Court of Appeals on gro... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218273/ | POST-TRIAL OPINION
FIRESTONE, Judge.
I. Background
This case involves Contract Disputes Act (“CDA”) claims totaling $69,320,563.94 by plaintiff Raytheon Company (“Raytheon”) against defendant the United States (“government”) related to Raytheon’s sale of certain business segments and the retention of assets and liabili... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218274/ | OPINION AND ORDER
1
WOLSKI, Judge.
This case involves a procurement award for a design-build contract solicited by the Hurricane Protection Office (“HPO”) of the United States Army Corps of Engineers (“Corps” or “Agency”). The Corps initially awarded the contract to Plaintiff CBY Design Builders (“CBY”), which is a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218276/ | OPINION
ALLEGRA, Judge:
Petitioner, Elizabeth Shapiro, seeks review of a decision issued by Special Master Christian Moran denying her petition for vaccine injury compensation. Petitioner brought this action pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 300aa-34 (2006), alleging... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218277/ | *367
OPINION AND ORDER
GEORGE W. MILLER, Judge.
Plaintiff, Wildflower International, Ltd. (“Wildflower”), filed this pre-award bid protest action against defendant, the United States, on November 3, 2011. See Compl. (docket entry 1). Wildflower challenges the Department of Homeland Security (“DHS”), Customs and Border... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218278/ | *395OPINION
HORN, J.
At issue is a 3.46 mile right of way in Thurston County, Washington. The plaintiffs in this Longnecker class action allege that when the United States Department of Transportation, Surface Transportation Board (STB) issued a Notice of Interim Trail Use (NITU), pursuant to the National Trails System... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218279/ | OPINION AND ORDER
SMITH, Judge.
Plaintiffs bring this breach of contract case to recover refunds from overcharges of electricity prices during the Energy Crisis of 2000-2001 in the state of California. In this liability phase, the Court held a four week trial in San Francisco, CA. After consideration of all the eviden... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218280/ | OPINION
ALLEGRA, Judge:
This court has previously held that plaintiffs breached their contracts under a Federal subsidized housing program by failing to maintain and operate several apartment complexes in a decent, safe and sanitary fashion. And it has held that plaintiffs were liable on defendant’s counterclaim, which... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218281/ | OPINION
1
HEWITT, Chief Judge.
This case arises from a cancelled construction project on leased property where the United States (defendant or the government), acting through the Federal Emergency Management Agency (FEMA), had sought to create a recreational vehicle (RV) park as emergency housing for victims of Hurr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218282/ | OPINION
HORN, Judge.
FINDINGS OF FACT
The plaintiffs, who claim property interests along a rail line in Beaufort County, South Carolina, filed a complaint in the United States Court of Federal Claims alleging that the government caused uncompensated takings of their property interests pursuant to the Fifth Amendment to... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218283/ | OPINION
HORN, J.
FINDINGS OF FACT
This ease involves a post-award bid protest brought by the plaintiff, Glenn Defense Marine (Asia), PTE Ltd. (Glenn Defense Marine), and is before the court on the parties’ cross-motions for judgment on the administrative record. On November 3, 2009, the Department of the Navy, Naval Su... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218284/ | *585
OPINION AND ORDER
1
GEORGE W. MILLER, Judge.
Petitioners, Gus Deribeaux and Kimberly Burshiem, on behalf of their daughter, Madison Deribeaux, seek review of Special Master Lord’s December 9, 2011 decision denying compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218285/ | OPINION
HEWITT, Chief Judge.
I. Background
This is a rails-to-trails case brought by Whispell Foreign Cars, Inc., et al. (plaintiffs). “Plaintiffs claim that the government effected a taking of their property when it converted a railroad right of way to a trail pursuant to the National Trails System Act Amendments of ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218286/ | OPINION AND ORDER
GEORGE W. MILLER, Judge.
Plaintiff, Red River Coal Company, Inc., filed a complaint against the United States on July 31, 2001 (docket entry 1), which it amended on February 6, 2007 (docket entry 26-1), seeking reimbursement of $246,372.17 in fees it paid pursuant to the Surface Mining Control and Re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218287/ | OPINION AND ORDER
DAMICH, Judge:
In this complaint for military back pay and allowances, Plaintiff Thomas J. Schnable challenges the validity of his court-martial conviction and subsequent dishonorable discharge from the United States Navy. He alleges that his discharge was unlawful and void because, in the appeal of ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218288/ | OPINION AND ORDER DENYING PLAINTIFF’S THIRD MOTION FOR CLASS CERTIFICATION
WILLIAMS, Judge.
In this action Plaintiff seeks a refund of communications excise taxes. This matter comes before the Court on Plaintiffs third motion to certify a class of similarly situated taxpayers. Because the Court lacks jurisdiction over ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218289/ | OPINION AND ORDER1
LETTOW, Judge.
Ms. Marilyn Davis seeks review of a decision entered by the special master on March 20, 2012, concerning attorneys’ fees and costs in her vaccine ease. Ms. Davis had presented a petition for compensation alleging that she developed neuromyelitis optica (“NMO”) as a result of an influen... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218290/ | ORDER
WOLSKI, Judge.
Plaintiff CBY Design Builders (“CBY’) has moved to amend the protective order issued in this case. See CBY Design Build*642ers’ Mot. to Amend. Prot. Order (“PL’s Mot.”) at 1-2. It argues that further corrective action or a new award under the subject procurement could give rise to subsequent bid p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218291/ | MEMORANDUM OPINION AND FINAL ORDER
BRADEN, Judge.
On September 16, 2011, pro se plaintiff David Mark Rivera (“Plaintiff’), a federal prisoner at the Federal Correctional Complex (Low) in Yazoo City, Mississippi, filed a Complaint (“CompL”) in the United States Court of Federal Claims. The September 16, 2011 Complaint a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218292/ | OPINION
BRUGGINK, Judge.
This is a claim for recovery of monies allegedly illegally withheld by offset from a tax refund. The government used the offset process in order to recoup monies it contends were owed after plaintiff defaulted in repayment of student loans. We previously held that plaintiff had executed a promi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218293/ | OPINION AND ORDER
LETTOW, Judge.
The United States (“the government”) claims that Sikorsky Aircraft Corporation (“Sikorsky”) owes the government approximately $80 million, stemming from the accounting method for indirect costs in place at Sikorsky from 1999 to 2005. See Sikorsky Aircraft Corp. v. United States, 102 Fed... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218294/ | OPINION AND ORDER
LETTOW, Judge.
This post-trial decision concerns a taking by the United States of property for public use without providing just compensation to the owner. The fundamental facts of the ease are not disputed. In 2006 and 2007, the United States Army Corps of Engineers (“Corps” or “the government”) empl... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218296/ | OPINION AND ORDER1
LETTOW, Judge.
As initially filed, this pre-award bid protest challenged actions taken to remove the protestor, McTECH Corporation (“McTECH”), from a competition for a contract to build a conference center and dormitories at the Customs and Border Protection’s Advanced Training Center (“the training ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218297/ | OPINION and ORDER
HEWITT, Chief Judge.
Before the court are Plaintiffs Motion for Summary Judgment on Liability (plaintiffs Motion or Pl.’s Mot.), Docket Number (Dkt. No.) 97, filed October 25, 2011; Plaintiffs Proposed Findings of Uncontroverted Facts in Support of Its Second Motion for Summary Judgment (plaintiffs P... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218300/ | OPINION AND ORDER
GEORGE W. MILLER, Judge.
On May 1, 2012, plaintiff, Distributed Solutions, Inc. (“DSI”), filed a complaint in this Court (docket entry 1), which was subsequently amended on May 22, 2012 (docket entry 24), alleging that the Department of Labor (“DOL”) acted arbitrarily, capriciously, and not in accord... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218301/ | OPINION
FIRESTONE, Judge.
On February 2, 2012, plaintiffs, seven small transportation service providers (“TSPs” or more generally, “carriers”), filed this pre-award bid protest. Plaintiffs challenge several terms of the rate solicitations issued by the Department of Defense (“DOD”) Surface Deployment and Distribution C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218302/ | OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS
WHEELER, Judge.
This case arises from the Government's bailout of American International Group, Inc. (“AIG”) in September 2008 as AIG faced a liquidity crisis. At that time, Plaintiff, Starr International Company, Inc. (“Starr”) was one of the largest shareholders of ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218303/ | OPINION
ALLEGRA, Judge:
The Klamath Tribe Claims Committee (Klamath Claims Committee or plaintiff) seeks damages for alleged takings and breaches of fiduciary duty committed by the Department of the Interior (Interior). It asserts that Interior has failed to disburse funds owed to tribal members and to safeguard treaty... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218548/ | 5 U.S.C. §§ 5544(a) & 5546(a) — Sunday Premium Pay Statute; Rules of the United States Court of Federal Claims (“RCFC”), RCFC 23(a) Class Action, RCFC 23(b). Class Actions Maintainable, RCFC 23 (c) Class Certification Order.
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFFS’ MOTION TO AMEND CERTIFICATION OF CLASS ACTIO... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218549/ | ORDER
SUSAN G. BRADEN, Judge
Pursuant to the April 6, 2016 mandate of the United States Court of Appeals for the Federal Circuit, the permanent injunction is dissolved. This case is transferred to the United States District Court for the Eastern District of Washington, as requested by Plaintiffs April 7, 2016 Motion to... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218550/ | Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Breach of Contract; Collateral Estoppel; Third Party Beneficiary, ORDER
HORN, J.
FINDINGS OF FACT
This is pro se plaintiff Corey Lea’s third action initiated in the United States Court of Federal Claims arising from the same underlying facts filed within a two-year... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218551/ | Takings; Judicial Takings Claim; Motion to Dismiss; Subject-Matter Jurisdiction.
OPINION
HORN, J.
The above captioned cases involve the government’s alleged taking in violation of the *370Fifth Amendment to the United States Constitution of ninety mineral servitudes underlying roughly 68,000 acres of the Kisatchie Nati... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218553/ | Rules of the United States Court of Federal Claims (“RCFC”) 16(a)(2) (Amended and Supplemental Pleadings).
MEMORÁNDUM OPINION AND FINAL ORDER REGARDING DAMAGES DUE FOR THE GOVERNMENT’S BREACH OF CONTRACT
BRADEN, Judge
On February 26, 2016, the court issued a Memorandum Opinion And Order Granting Plaintiffs’ Motion For ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218555/ | ORDER AND FINAL JUDGMENT
SUSAN G. BRADEN, Judge
On June 6, 2016, the parties filed a Joint Status Report And Stipulation (EOF N.o. 101), requesting that the court revise the judgment entered on April 15, 2015, to reflect the cask loading costs amounts, as directed by the United States Court of Appeals for the Federal C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218556/ | National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-l-34; Motion for Review; Autism; Influenza Vaccine
OPINION AND ORDER
YOCK, Senior Judge
This vaccine ease is before the court on petitioners’ motion for review of the decision *138of Special Master Corcoran, which denied petitioners’ claim for compensation under ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218557/ | Federal Tort Claims Act, 28 U.S.C. § 2672 (Administrative Adjustment of Claims); Maryland Wage Payment And Collection Law; Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Jurisdiction); Tucker Act, 28 U.S.C. § 2501 (Statute of Limitations).
MEMORANDUM OPINION AND ORDER GRANTING THE GOVERNMENT’S... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218558/ | Motion to dismiss,'RCFC 12(b)(1); bankruptcy trustee bonds, 11 U.S.C. § 322; no contract based on statutes and regulations; no jurisdiction over criminal matters; Joshua v. United States; RICO, 18 U.S.C. § 1961 et seq.; no money-mandating laws identified.
MEMORANDUM OPINION AND ORDER
VICTOR J. WOLSKI, Judge
Pending bef... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218559/ | Motion to Dismiss; Statute of Limitations; 28 U.S.C. § 2501; Breach of Contract; Attorney’s Fees; Indemnity Contract; State Court Proceedings.
OPINION
HORN, j.
FINDINGS OF FACT
In the two above-captioned eases, plaintiffs Lake Borgne Basin Levee District (Lake Borgne) and St. Bernard Parish Government (St. Bernard) all... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218560/ | Class Action; Post Traumatic Stress Disorder; Equal Access to Justice Act; Timeliness of Application for Fees, Expenses, and Costs; Final Judgment; Settlement Agreement.
OPINION AND ORDER
GEORGE W. MILLER, Judge
On October 10, 2012, plaintiffs filed an application for fees and costs under the Equal Access to Justice Ac... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218561/ | *3ORDER
ELAINE D. KAPLAN, Judge, U.S. Court of Federal Claims
Pending before the Court are two motions in limine: one filed by the government objecting on the basis of the attorney-client privilege and the work product doctrine to plaintiffs use of various exhibits and the other filed by plaintiff, (“WB”), requesting i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218562/ | (Bid Protest)
Stay Pending Appeal; Rule 62(c); Pass-Fail Responsibility-type Evaluation Factors; Referral to Small Business Administration for Certifícate of Competency; Injunctive Relief.
OPINION AND ORDER DENYING INJUNCTION PENDING APPEAL
WILLIAMS, Judge.
Plaintiff Lawson Environmental Services, LLC (“Lawson”) seeks ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218563/ | ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THOMAS C. WHEELER, Judge
Plaintiff Starr International Company, Inc. (“Starr”) commenced this lawsuit against the United States in November 2011, challenging the Government’s economic bailout and takeover of American International Group, Inc. (“AIG”) that began in Septem... | 01-04-2023 | 07-25-2022 |
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