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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But Everyone’s Doing It

April 14, 2016

In 2010, Northwest Title Agency, Inc. entered into three contracts with the Department of Housing and Urban Development (HUD), whereby Northwest agreed to provide real estate property-sales-closing services for single-family properties owned by HUD. According to the Government, under this agreement, Northwest would be paid a set amount for specific services performed, and the unit price per closing would be “inclusive of all costs.” The contracts further stated that Northwest, except for a narrow exception not applicable in the case, could not charge the purchaser, lender, or seller any additional closing costs, including an additional lender fee.

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Operative Facts

February 22, 2016

In 2005, Kansas City Power & Light Co. contracted with the United States for the delivery of electrical utility services to the Hardesty Federal Complex in Kansas City, Missouri. The contract included an indemnity provision. In 2006, a GSA employee, David Eubank, died from fatal burns he received from a blast in the building. Eubank’s widow, Kembra Eubank, successfully sued and recovered from Kansas City Power $2.25 million.

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I’m Yelling Timber

February 8, 2016

Plaintiffs, Dennis and Kimberly Beard, are the former owners of Dinkey Creek Inn, a seasonal resort located in the Sierra National Forest. The Beards operated their resort under a special use permit issued by the U.S. Forest Service in 1981, which granted the Beards long-term use of the land in exchange for an annual fee.

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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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