In 2014, Antonio Johnson filed a claim in the U.S. Court of Federal Claims, seeking recovery of military disability retirement benefits.  Johnson and the United States cross-moved for judgment on the administrative record, and ultimately the Court ruled for the Government, dismissing Johnson’s lawsuit with prejudice.  Final judgment was entered on March 10, 2016.

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Battle Over Combat Pay

May 16, 2016

Major Alan B. Adams served as an officer in the United States Air Force from May 31, 1995 until his honorable discharge at his own request on July 1, 2006.  His record of performance “from the start reflects nothing less than a stellar Air Force officer and KC-135 pilot destined for a bright career. . . .” But Major Adam’s career was cut short because of continuing effects of an accident that occurred in 1997, when he was struck by a car while riding his bicycle.  Despite his pain, he performed as a pilot and received medical waivers from his flight surgeon, although he required medication and frequent physical therapy to treat low back and neck pain.

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No Harm, No Foul

May 13, 2016

In a patent infringement case filed by Hitkansut LLC against the United States in the U.S. Court of Federal Claims, both parties filed motions in limine, seeking to exclude evidence from trial set to commence on May 23, 2016.

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Retired Navy Commander’s Ship Has Sailed

May 12, 2016

Retired Commander in the United States Naval Reserve, Leonard Deemer, had accumulated enough creditable service to qualify for age-based retirement at age 60.  But before turning 60, Deemer developed a physical impairment.  So, the Navy presented Deemer with two options:  he could wait until he turned 60, at which point he would receive normal reserve retired pay, or he could receive an immediate lump sum disability severance payment of $98,942.40. Deemer chose the lump sum payment, and on January 31, 1990, at age 53 his employment with the Naval Reserve ended.

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Blowing in the Wind

April 18, 2016

Terra-Gen developed and built the Alta Wind facilities, and then sold these facilities to the Alta Wind plaintiffs.  Alta Wind then filed grant applications from the Treasury Department to recover 30% of the purchase price under a federal statute (the American Recovery and Reinvestment Act of 2009) authorizing the grant payments. Each application submitted to Treasury contained an analysis certified by an accounting firm, allocating the purchase prices of the Alta Wind facilities between eligible and ineligible property.  However, Treasury granted only a portion of the 30% purchase price Alta Wind companies had requested. Instead of basing the cash grant awards on the purchase price of eligible property, Treasury based the awards on 30% of how much it had cost Terra-Gen to construct the eligible property.

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It’s Not Over Yet

April 15, 2016

Section 405 of the federal Salary and Fringe Benefits Act, also known as the Sunday Premium Pay Act, ensures that certain federal employees who performed work on Sundays receive additional compensation.  In 2009, the Federal Circuit held in Fathauer v. United States that the word “employee” in this statute includes part-time employees.  Up to that time, the government had interpreted the statute to apply only to full-time employees, and had not given Sunday premium pay to part-timers. On October 14, 2011, Annette Jones sued in the U.S. Court of Federal Claims on behalf of herself and a proposed class of part-time federal employee seeking to recover back pay to March 2003 they believed they were entitled to be paid under this statute.

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