Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions. One comes in a case appealed from the Merit Systems Protection Board, and the other comes in a government contract and takings case appealed from the Court of Federal Claims. Here are the introductions to today’s opinions, along with a link to yesterday’s dismissal.
Alvarez v. Office of Personnel Management (Nonprecedential)
Jorge L. Alvarez appeals pro se a final order of the Merit Systems Protection Board denying his application for disability retirement under the Federal Employees’ Retirement System. For the reasons stated below, we affirm.
Cheyenne River Sioux Tribe v. United States (Nonprecedential)
The Cheyenne River Sioux Tribe (the Tribe) sued the United States, asserting claims for breach of contract, breach of trust, and a taking without just compensation under the Fifth Amendment concerning the deteriorating condition of an administrative building, known as “Building 2001,” on the Tribe’s reservation.
The United States Court of Federal Claims (Claims Court) determined that the government and the Tribe never entered into a contract and granted summary judgment on the breach-of-contract claim. Cheyenne River Sioux Tribe v. United States, 168 Fed. Cl. 465, 474 (2023) (Decision I). After a bench trial on the breach-of-trust and takings claims, the court entered judgment for the United States. Cheyenne River Sioux Tribe v. United States, 172 Fed. Cl. 634, 637 (2024) (Decision II). For the following reasons, we affirm.