Opinions

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order dismissing an appeal. One of the opinions comes in a pro se appeal from decisions of a district court; another comes in an appeal of a decision of the Armed Services Board of Contract Appeals; and the third opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the dismissal.

Bennett v. United States (Nonprecedential)

Pamela and James Bennett appeal two decisions of the U.S. District Court for the Southern District of California denying their motions for leave to file a Third Amended Complaint (“TAC”) and for recusal of the judge presiding over their case. For the reasons below, we dismiss for lack of jurisdiction.

Korte Construction Co. v. Secretary of the Army (Nonprecedential)

Korte Construction (“Korte”) appeals the decision of the Armed Services Board of Contract Appeals (“Board”), granting summary judgment in favor of the Secretary of the Army (“Army”) and awarding a refund to the Army for the cost of chilled water improvements at Tinker Air Force Base that the Board held were required by the contract (“RFP”) as awarded but were later unilaterally deleted by the Army. In re Korte Constr. Co., ASBCA No. 63148, 2023 WL 7476103 (Oct. 26, 2023), on reconsideration, In re Korte Constr. Co., 2024 WL 2698015 (May 6, 2024). For the following reasons, we affirm.

Kulowiec v. Merit Systems Protection Board (Nonprecedential)

Dalia Kulowiec petitions for review of a final decision of the Merit Systems Protection Board dismissing the appeal of her removal as a police officer with the Department of Commerce based on bad-faith noncompliance. Because we conclude that the Board did not abuse its discretion in applying this sanction, and because Ms. Kulowiec’s other arguments lack merit, we affirm.

Dismissal