Nancie G. Marzulla – Marzulla Law, LLC

Here’s One Check the Post Office Doesn’t Want to Deliver

The Federal Circuit has upheld a decision by the U.S. Court of Federal Claims that awarded Frank Gaylord10% of $5.4 million in revenue as a reasonable royalty for the U.S. Postal Service’s unauthorized use of a distinctive…more
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Bank Settles Suit with Whistleblower but IRS Gets the Money

James P. and Beatriz N. Duffy sought of refund of $13,049 of personal income taxes they allegedly overpaid for tax year 2007. In their lawsuit filed in the U.S. Court of Federal Claims, the Duffys contended that the proceeds of…more
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Your Secret’s No Secret Anymore

The Federal Circuit upheld the CFC’s dismissal of a breach-of-contract claim arising out of a confidentiality provision in an alternative dispute resolution agreement in Higbie v. United States. The underlying dispute involved a…more
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Get Out of Jail Card (and Cash)

The United States Court of Federal Claims, in Crooker v. United States, awarded $172,465.75 to Michael Alan Crooker for an unjust conviction and imprisonment (2,273 days) for a firearms offense for which he was later found not…more
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It’s Too Late

In Ramona Two Shields v. United States, two Native Americans filed a breach of trust claim in the U.S. Court of Federal Claims, alleging the United States breached its “fiduciary duty to prudently manage their mineral rights.” …more
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Class Counsel Gets a Hair Cut

Plaintiffs, a class of 22 individual landowners, Geneva Rock Products, Inc. and Fox Ridge Investments, LLC, brought a rails-to-trails takings case in the U.S. Court of Federal Claims, seeking just compensation for the taking of…more
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Time for Government to Pay Up

The U.S. Court of Federal Claims recently ordered entry of partial final judgment and the payment of breach-of-contract damages in Stockton East Water District & Central San Joaquin Water Conservation District v. United States. …more
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Turning Back Time

The U.S. Court of Federal Claims recently denied a motion for reconsideration filed by Plaintiff, Guardian Angels Medical Service Dogs, Inc., confirming the Court’s earlier dismissal of Guardian’s claim as time barred. In…more
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Crime and Punishment–But No Trust Duty

On July 26, 2004, Robert Louis Salter, Jr. was convicted of unlawful possession of a machine gun and failing to appear in court. He was sentenced to 151 months in federal prison and a $50,000 fine. While incarcerated he opened…more
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Court Rejects Novel Jurisdictional Theory

In VFA, Inc. v. United States, the U.S. Department of Defense announced that it planned to replace the various facility assessment programs used across the Department with the Army Corps of Engineers’ Sustainment Management…more
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Never on Sunday Back-Pay Class Certified

In Jones v. United States, the Plaintiffs sought to certify a class of all part-time federal employees who had not been paid premium pay for regularly scheduled work performed on Sunday. The Government opposed class…more
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Shakespeare on the Recovery of Pain and Suffering

In the opening scene of a recent decision issued by the U.S. Court of Federal Claims, the court quotes from Othello: Who steals my purse steals trash; ‘tis something, nothing; ‘Twas mine, ‘this his, and has been salve to…more
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A Bridge Not Far Enough to Reach Fairness

In Cherokee Nation Technologies, LLC v. United States, the Bureau of Indian Affairs awarded an information technology services contract to Cherokee Nation Technologies. But the incumbent contractor, Chenega Federal Systems,…more
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Between a Rock and a Hard Place

In 1983, Theodore Simonson located 21, 40-acre placer mining claims in Kern County, California in accordance with the 1872 General Mining Law. Drilling confirmed the presence of a pumicite deposit that was 14 feet thick in some…more
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When Court Says No, It Means No

Having prevailed in a post-award bid protest contesting a contract award by the United States Army to provide installation and infrastructure upgrades to fiber optic cable networks in the Hashemite Kingdom of Jordan, Hyperion,…more
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