To be published DECISION GEORGE L. HASTINGS, Jr. , Special Master . This is an action in which the Petitioner, H.L., seeks an award under the National Vaccine Injury Compensation Program (hereinafter "the Program" 1 ), on account of the death of her daughter, A.I. For the reasons set forth below, I conclude that Petitioner is not entitled to an award. I THE APPLICABLE STATUTORY SCHEME Under the National Vaccine Injury Compensation Program, compensation awards are made to individuals...
ORDER ON REMAND LAURA D. MILLMAN , Special Master . On November 13, 2010, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34, alleging that influenza vaccine caused her transverse myelitis (TM). The case never went to hearing and no entitlement ruling issued because the parties settled the case, resulting in a damages decision the undersigned issued on November 5, 2012. The only information personal to petitioner in the damages decision is...
ORDER AND RULING DISMISSING CAUSATION IN FACT CLAIM 1 DENISE K. VOWELL , Special Master . On April 11, 2012, respondent filed a motion to dismiss this claim, asserting that the petition was untimely filed. Petitioners filed their response to respondent's motion on July 16, 2012. Although petitioners' amended petition, filed June 29, 2011, asserts both an actual causation and significant aggravation claim, 2 petitioners appear to rely only on a signification aggravation claim in their...
ORDER AND RULING DISMISSING CAUSATION IN FACT CLAIM 1 DENISE K. VOWELL , Special Master . On May 17, 2012, respondent filed a motion to dismiss this claim, asserting that the petition was untimely filed. Petitioners filed their response to respondent's motion on July 16, 2012. Although their amended petition, filed June 29, 2011, asserted only an actual causation claim, petitioners appear to rely on a signification aggravation claim in their response. For the reasons set forth below, I...
MEMORANDUM OPINION AND FINAL ORDER SUSAN G. BRADEN, District Judge. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY. 1 The Pennsylvania Housing Financing Agency ("PHFA") has a contractual relationship with the United States Department of Veteran's Affairs ("VA") to service mortgages guaranteed by the VA. Am. Compl. 8. Pursuant to this contract, when a PHFA property becomes the subject of a foreclosure, the VA purchases the property from the PHFA and sells it. Am. Compl. 12. If marketable...
OPINION MARIAN BLANK HORN, Judge. Plaintiffs, a group of landowners in the Westlands Water District (the Westlands) within the San Luis Unit of the Central Valley Project, have filed claims in the United States Court of Federal Claims, under the Fifth Amendment to the United States Constitution, alleging that the government's failure to comply with its statutory obligation to provide drainage to plaintiffs' farmlands has led to a physical invasion of their property, without just compensation....
OPINION ERIC G. BRUGGINK, District Judge. This is an action for back pay brought by an active duty bankruptcy judge. Judge Cornish's compensation is set by statute to "equal 92 percent of the salary of a judge of the district court of the United States as determined pursuant to [28 U.S.C.] section 135." 28 U.S.C. 153(a) (2006). Plaintiff contends that he has not received his full statutory compensation because the compensation of district court judges has been improperly reduced due to...
OPINION ERIC G. BRUGGINK, District Judge. This is an action for military pay. Plaintiff, Keith A. Houghtling, challenges a decision by the Army Board of Correction of Military Records ("ABCMR") to deny his application challenging his administrative separation from the U.S. Army. Plaintiff asserts that his separation was wrongful and that he is entitled to back pay and retirement benefits. The United States ("defendant") filed a motion to dismiss the complaint for lack of jurisdiction and...
MEMORANDUM OPINION AND ORDER TO VACATE SUSAN G. BRADEN, Judge. I. PROCEDURAL HISTORY. The Complaints in the above-captioned cases were filed on: March 12, 2007; March 13, 2007; and March 16, 2007. 1 Following a trial from July 12, 2010 to August 2, 2010, former Senior Judge Loren A. Smith issued May 2, 2012 Opinions determining that Defendant ("the Government") was liable for a breach of contract, because the Government failed to refund electricity overcharges paid by Plaintiffs in their...
OPINION FRANCIS M. ALLEGRA, Judge. On June 21, 2013, Petro-Hunt, L.L.C. (plaintiff) filed a motion seeking an order compelling defendant to produce seven documents. On July 2, 2013, defendant filed its opposition to this motion, together with a privilege log, asserting that the requested documents are irrelevant and privileged. On August 19, 2013, defendant, per court order, submitted the seven documents for en camera review. 1 Subsequently, briefing on the motion was completed. On...
MEMORANDUM OPINION AND ORDER SUSAN G. BRADEN, District Judge. I. RELEVANT FACTUAL BACKGROUND. 1 On November 4, 1998, Davis Wetlands Bank, LLC ("the Bank"), the United States Army Corps of Engineers ("the Army Corps"), the United States Fish & Wildlife Service ("USFWS"), and the Virginia Department of Environmental Quality ("VDEQ"), established a wetlands mitigation bank, 2 pursuant to an Umbrella Memorandum of Agreement ("Umbrella Agreement"). Compl. 1, 19, Ex. B. The Umbrella Agreement...
OPINION AND ORDER LYNN J. BUSH, Senior District Judge. Now pending before the court are the parties' cross-motions for judgment on the administrative record. Plaintiff Eco Tour Adventures, Inc. (Eco Tour) filed a pre-award bid protest complaint on August 1, 2013, and filed an amended complaint on August 8, 2013. 2 In this protest, Eco Tour objects to the anticipated award by the United States Department of the Interior, National Park Service (the Park Service or NPS) of two concession...
MEMORANDUM OPINION AND FINAL ORDER SUSAN BRADEN, Judge. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY. 1 The Pennsylvania Housing Financing Agency ("PHFA") has a contractual relationship with the United States Department of Veteran's Affairs ("VA") to service mortgages guaranteed by the VA. Am. Compl. 8. Pursuant to this contract, when a PHFA property becomes the subject of a foreclosure, the VA purchases the property from the PHFA and sells it. Am. Compl. 12. If marketable title cannot...
MEMORANDUM OPINION AND ORDER SUSAN G. BRADEN, Judge. This bid protest concerns allegations made by a service-disabled veteran-owned small business that the United States Environmental Protection Agency acted arbitrarily and capriciously and in bad faith when the agency determined the bidder to be non-responsible, proposed the bidder for debarment, and then declined to award the contract to any bidder. To facilitate review of this Memorandum Opinion and Order, the court includes the following...
OPINION FRANCIS M. ALLEGRA, Judge. Section 1500 of Title 28 of the United States Code bars litigation in this court of the same dispute pending in another court. Passed shortly after the Civil War, and long outliving its original purpose, this gatekeeper provision has oft been described as an "anachronism" 1 and a "trap for the unwary." 2 Yet, in recent years, it has experienced a risorgimento, triggered by the Supreme Court's decision in United States v. Tohono O'odham Nation, 131 S....
OPINION AND ORDER CHARKES F. LETTOW, Judge. A judgment on the administrative record was issued in favor of plaintiff, KWV, Incorporated ("KWV") in this pre-award bid protest contesting an action by the Department of Veterans Affairs ("VA"), Office of Small and Disadvantaged Business Utilization ("OSDBU"), decertifying KWV as a qualified veteran-owned small business ("VOSB") and nullifying an apparently successful offer KWV had made for a contract for work on the Boston Health Care System...
OPINION JAMES F. MEROW, Senior Judge. The plaintiffs in this matter, Connecticut Yankee Atomic Power Company ("Connecticut Yankee"), Yankee Atomic Electric Company ("Yankee Atomic"), and Maine Yankee Atomic Power Company ("Maine Yankee") (jointly the "Yankees" or the "utilities"), initially filed suits against the United States in 1998, alleging that the United States Department of Energy ("DOE") breached certain contractual obligations to each of the plaintiffs relating to the removal of...
OPINION AND ORDER THOMAS C. WHEELER, Judge. Introduction This post-award bid protest arises from a competitive acquisition by the Central Intelligence Agency ("the agency") for cloud computing services ("C2S"). At issue is the agency's decision to take corrective action by inviting a new round of final proposal revisions from Plaintiff Amazon Web Services, Inc. ("AWS," or "Amazon") and Defendant-Intervenor IBM U.S. Federal ("IBM"). Previously, in its original evaluation of proposals, the...
OPINION ERIC G. BRUGGINK, District Judge. This is an action challenging a Competition in Contracting Act ("CICA"), 31 U.S.C. 3553 (2006), override decision by the Department of State ("DOS"). Currently before the court are plaintiff's motion to supplement the administrative record, plaintiff and plaintiff-intervenor's joint motion for reconsideration of our denial of plaintiff's motion for a preliminary injunction, and the parties' cross-motions for judgment on the administrative record....
MEMORANDUM OPINION AND ORDER VICTOR J. WOLSKI, Judge. This case has been brought as a class action by five couples who own property in Virginia Beach or Chesapeake, Virginia, in the vicinity of Naval Air Station Oceana or Naval Auxiliary Landing Field Fentress. Class Action Compl. for Inverse Condemnation (Compl.) 1-2, 4-5. Plaintiffs allege that on July 1, 1999, the increased operation of F/A-18 C/D fighter jets at these naval facilities resulted in the taking of their property without...
