OPINION AND ORDER CHARLES F. LETTOW , Senior Judge . Plaintiff BP Exploration & Production, Inc. ("BP") has brought suit against the United States (the "government") acting through the Department of the Interior's Office of Natural Resources Revenue ("ONRR") to recover overpayments of royalties made to the government pursuant to lease agreements on oil and gas leases in the Gulf of Mexico. The government refunded some, but not all, of the overpaid royalties claimed by BP and refused to pay...
DECISION ON ATTORNEYS' FEES AND COSTS 1 HERBRINA D. SANDERS , Special Master . On February 21, 2017, Stephen Acker ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to 34 (2012). Petitioner alleged that the quadrivalent influenza vaccine he received on October 1, 2015, caused him to develop Guillain-Barr syndrome ("GBS"). Pet. at 1, ECF No. 1. On February 5, 2019, the parties filed a proffer, which the...
UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 KATHERINE E. OLER , Special Master . On November 14, 2016, Fredric Kerns ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that he developed Bell's palsy as a result of receiving an influenza vaccination on March 16, 2015. See Petition, ECF No. 1. On June 12, 2019, the parties filed a stipulation, which the...
(Not to be Published) DECISION GRANTING INTERIM AWARD OF ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On September 15, 2016, Zachariah Otto filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program") 2 alleging that the human papillomavirus ("HPV") vaccine he received on October 13, 2014, caused him to experience an adverse reaction, including but not limited to chronic fatigue or postural orthostatic...
PUBLISHED ORDER DENYING MOTION FOR RECONSIDERATION OF DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 CHRISTIAN J. MORAN , Special Master . A January 24, 2020 decision found that a reasonable amount of attorneys' fees and costs was $160,882.10. On February 13, 2020, petitioner Zania Lewis filed a motion for reconsideration, presenting new information. Because Ms. Lewis has not met the standards for reconsideration or otherwise shown that the January 24, 2020 decision was unreasonable, her...
OPINION ERIC G. BRUGGINK , Senior Judge . This is an action brought under the Tucker Act 1 for an alleged failure to pay just compensation owed under the Fifth Amendment. Plaintiffs are Florida landowners adjoining a railroad which has ended its operations. Plaintiffs allege that, but for the operation of the Trails Act, 2 the railroad would be deemed to have abandoned the track and their underlying fee interests would no longer be burdened by an easement. Pending before the court is...
DECISION ON ATTORNEYS' FEES AND COSTS 1 HERBRINA D. SANDERS , Special Master . On October 14, 2014, Linda Parker ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to 34 (2012). Petitioner alleged the influenza ("flu") vaccine that she received on October 19, 2013, caused her to develop rheumatoid arthritis and polyarticular inflammation. Pet. at 1, ECF No. 1. An entitlement hearing was held on August 16-...
MEMORANDUM OPINION AND ORDER DAVID A. TAPP , Judge . This case arising under the National Trails System Act, as amended, 16 U.S.C. 1247(d) (the "Trails Act"), concerns several parcels of land along a railway line in Bennington, Vermont. Before the Court are the parties' cross-motions for partial summary judgment. Plaintiffs filed their Motion for Partial Summary Judgment on October 25, 2019, seeking summary judgment on the claims brought by Keith Martin and Three Forty Realty, LLC. (Pls....
OPINION AND ORDER PATRICIA E. CAMPBELL-SMITH , Judge . On December 12, 2019, plaintiffs filed a motion to supplement or complete the administrative record (AR). See ECF No. 40. Therein, plaintiffs argue that the AR as filed by defendant is incomplete and that additional, supplemental information is necessary for effective judicial review. On January 3, 2020, defendant filed a response in opposition, ECF No. 44, and plaintiffs filed their reply, ECF No. 46, on January 11, 2020. 3 In...
DECISION AWARDING INTERIM ATTORNEYS' FEES AND COSTS 1 DANIEL T. HORNER , Special Master . On September 16, 2019, petitioner moved for an award of interim attorneys' fees and costs. (ECF No. 24.) In response, respondent deferred to the special master regarding the amount and appropriateness of an award of interim fees and costs. (ECF No. 25.) Respondent is satisfied however, that the statutory requirements for such an award have been met in this case. ( Id. at 2.) For the reasons...
DECISION 1 DANIEL T. HORNER , Special Master . On February 14, 2017, petitioner Julia Balasco filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), 2 alleging that an adverse reaction to Gardasil Human papillomavirus (HPV) vaccines administered August 4, 2014, and October 16, 2014, caused injuries including autonomic dysfunction, postural orthostatic tachycardia syndrome (POTS), fibromyalgia, and orthostatic intolerance (OI). 3 (ECF No. 1.)...
DECISION 1 NORA BETH DORSEY , Special Master . I. INTRODUCTION On November 14, 2016, James F. Dunn ("petitioner") filed a petition under the National Vaccine Injury Compensation Program ("Vaccine Act" or "the Program"), 2 42 U.S.C. 300aa-10 et seq. (2012), alleging that as a result of receiving a Tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on December 2, 2014, 3 he developed meningoencephalitis. Petition at Preamble; Joint Prehearing Submission ("Joint Sub."), filed May...
UNPUBLISHED DECISION AWARDING DAMAGES 1 MINDY MICHAELS ROTH , Special Master . On April 9, 2013, William and Brenda Rodriguez ("petitioners") filed a petition on behalf of their minor child, C.R., pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10 et seq. 2 ("Vaccine Act" or "the Program"). Petitioners allege that C.R. developed juvenile dermatomyositis ("JDM") as a result of the Diphtheria-Tetanus-acellular Pertussis ("DTaP"), Measles-Mumps-Rubella ("...
ORDER ERIC G. BRUGGINK , Senior Judge . Defendant moves for partial summary judgment that plaintiff has granted an implied license to the government for the use of the '460 patent at airports in which SecurityPoint has an agreement to operate. Defendant moves on two grounds: 1) that plaintiff's contractual relationship with airport operators, or their agents (advertising brokers), implies a grant of license to the Transportation Security Administration ("TSA") to use the method of...
OPINION NANCY B. FIRESTONE , Senior Judge . In this post-award bid protest, filed on October 15, 2019, Defense Base Services, Inc. ("Defense Base" or "DBSI") challenges the United States Department of the Air Force's ("Air Force" or "Agency") May 8, 2019 award of the Installation Support Services in Geographically Separated Locations Contract ("ISS2 Contract") to ASRC Communications, Ltd. ("ASRCC"). 1 The awardee, ASRCC, has been performing this one-year phase-in contract with ten...
DISMISSAL ORDER PATRICIA E. CAMPBELL-SMITH , Judge . On January 15, 2020, pro se Plaintiffs, Antoinette Holloway, Boss Holloway, and Purity Holloway, filed a Complaint with this Court. 1 Although hard to decipher, from what the Court can discern, the Complaint alleges violations of the United States Constitution, Federal statutes, and Federal regulations, and lists various causes of action, arising from an incident involving the City of Atlanta and an incident involving the Fulton...
UNPUBLISHED DECISION ON STIPULATION 1 THOMAS L. GOWEN , Special Master . On October 5, 2017, Mary Tennesen ("petitioner") filed a petition for compensation under the National Vaccine Injury Program. 2 Petition at Preamble (ECF No. 1). Petitioner received an influenza ("flu") vaccine on October 6, 2014. Id. at 1; Stipulation at 2 (ECF No. 60). Petitioner alleged that as a result of receiving the flu vaccination, she suffered a shoulder injury related to vaccine administration ("...
UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN , Special Master . Luis Trigueros alleged that various vaccines, including the influenza vaccine, caused him to develop Guillain-Barr syndrome. The basic facts are (1) Mr. Trigueros received the flu vaccination on October 2, 2013, and (2) Mr. Trigueros was hospitalized for GBS, starting October 21, 2013. Mr. Trigueros filed his petition on August 25, 2016. While his case was pending, the Secretary announced, on January 19, 2017, revisions to...
(NOT TO BE PUBLISHED) OPINION AND ORDER MATTHEW H. SOLOMSON , Judge . On August 5, 2019, Plaintiff, Mr. Roman Colter, filed a complaint with this Court. The handwritten complaint is difficult to decipher. As far as the Court can discern, however, Mr. Colter's complaint alleges that various state and federal court judges have shown bias towards him in a previous, unsuccessful case and subsequent appeal, both of which were found to have been frivolous. 1 Mr. Colter now seeks to sue at...
DECISION 1 HERBRINA D. SANDERS , Special Master . On June 22, 2018, Margaret Mitchell ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza ("flu") vaccine she received on December 8, 2016, caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). See Stip. at 1, ECF No. 35; Pet. at 1. Petitioner further...
