You Said What?

January 27, 2016

In 2010, HUD’s Office of Fair Housing and Equal Opportunity conducted a review of two programs within the Housing Authority for compliance with the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and Title VI of the Civil Rights Act of 1964. HUD sent two letters to Janie Weeks, who was the Executive Director of the Housing Authority for the City of Opp, Alabama, advising her that the office did not comply with these federal statutes.

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In 1996, SUFI Network Services and the U.S. Air Force entered into a 15-year agreement to install and operate landline telephone systems in lodging facilities on military bases throughout Germany. The Air Force promised SUFI it would be the exclusive long distance operator, but the agreement was cut short when the Air Force breached the contract by refusing to disable communal phones used by guests to avoid long-distance charges and required SUFI to allow the use of calling cards from competing long-distance service providers. After ten years of litigation, the U.S. Court of Federal Claims awarded SUFI over $110 million in contract damages, including more than $58 million in lost profits. The Court also awarded SUFI attorneys’ fees and interest on attorneys’ fees under its contract, but denied SUFI’s request for overhead and lost profits it incurred pursuing its claim for attorneys’ fees.

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Hurry Santa, don’t be late

December 22, 2015

In 1993, the federal government resurveyed boundaries for the Plumas National Forest, so that the National Forest now bisected a cabin on part of the land that was part of a homestead granted to Ezra Culver in 1882. Following the new survey the Forest Service filed the survey with the recorder’s office, and some years later built a fence marking the boundary line. In 1995, Robert Luciano purchased land that was part of the original homestead, and his deed incorporated the 1993 survey by reference. In 2000, Luciano sent a letter to the Government acknowledging the boundary dispute and the 1993 survey, but asserting that he purchased the land with the belief that the boundaries of the original homestead were accurate.

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Sharpen your pencils

November 24, 2015

In two lawsuits filed in 2002 and 2005, Robert and Carol Mandich claimed that the IRS had improperly disallowed certain carryover credits in their partnership tax returns for 1984, 1990-1995, and had incorrectly disallowed the application of suspended losses for tax years 1993-1995. The Mandiches claim that they are entitled to a refund of tax and interest of $219,685.76, and sued in the U.S. Court of Federal Claims. Both parties moved for summary judgment and after extensive briefing and two oral arguments, the Court issued its ruling in favor of the Mandiches in part and the Government in part.

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You’re It, Texas

November 23, 2015

During World War II, the corporate predecessors of Exxon Mobil Corporation contracted with the United States to produce high-octane aviation gasoline (superfuel) used by military aircraft during combat. In 2009, Exxon sued the United States in the U.S. Court of Federal Claims alleging that the Government had failed to pay or reimburse Exxon for its costs associated with contamination investigation and remediation at a site near Baytown, Texas, in violation of its contracts. A year later, Exxon filed another lawsuit in federal district court in Virginia, under the Comprehensive Environmental Response, Compensation, and Liability Act. That case was transferred to the federal district court for the Southern District of Texas, the Houston Division. The CERCLA litigation in the Texas district court is still pending.

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Is 95 the new 40?

November 20, 2015

In August 2013, Government counsel took two full days of deposition of James Bancroft, a partner in Plaintiff Cedar Gardens Apartments, who at the time was 93 years old. During his deposition, Bancroft testified at length about the details of Plaintiffs’ claims in his individual capacity. Now, the Government wants discovery against the partnership under Rule 30(b) (6) on the same and a couple of additional topics, and Bancroft is the only surviving partner. The litigation involves a temporary taking claim brought by Anaheim Gardens et al., the owners of low-income housing who claim a taking of their contractual right to prepay government-insured mortgages on their respective housing projects under the Emergency Low Income Housing Preservation Act of 1987 and the Low Income Housing Preservation and Resident Homeownership Act of 1990 against the U.S. Department of Housing and Urban Development.

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