This morning the Federal Circuit released a nonprecedential opinion in a tax case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit affirmed a dismissal for lack of subject matter jurisdiction and denial of a request for a default order. The Federal Circuit also released two errata and a nonprecedential order granting an unopposed motion to lift a stay and remand to the Court of Federal Claims. Here is the introduction to the opinion, text from the order, and links to the errata.
Bishay v. United States (Nonprecedential)
Mr. Bahig Bishay appeals two decisions of the United States Court of Federal Claims (Claims Court), the first dismissing his tax refund, declaratory judgment, and injunctive relief claims for lack of subject matter jurisdiction; and the second denying his request for an order of default. On appeal, Mr. Bishay challenges the Claims Court’s dismissal of his tax refund claim and its denial of his request for a default order. Because we agree with the Claims Court that Mr. Bishay has not satisfied the minimum payment required for his tax refund action, we affirm the Claims Court’s dismissal for lack of subject matter jurisdiction. We also affirm the Claims Court’s denial of Mr. Bishay’s request for a default order because, at the time of the request, the government had not yet been served with the complaint due to a docketing error.
Olsen v. United States (Nonprecedential Order)
The appellants move unopposed to lift the stay and remand to the United States Court of Federal Claims for additional proceedings in light of this court’s decision in Milton v. United States, Appeal Nos. 2021-1131 et al., which involved a similar challenge to a Court of Federal Claims’ decision dismissing takings claims predicated on flooding that occurred when the Army Corps of Engineers opened floodgates during Hurricane Harvey.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The stay is lifted, and the case is remanded to the Court of Federal Claims for further proceedings consistent with Milton.
(2) Each side shall bear its own costs.