Case law

Hopkins v. United States

513 F.2d 1360 · United States Court of Claims · Mar 19, 1975

In Gradall, the court reasoned: The trend of the pertinent decisions, statutes and regulations has generally been to establish that employees of Exchanges are not Federal employees, except for the purpose of unemployment … We are convinced that correction of the harsh result imposed by the above cases was clearly within the intent of Pub. L. 91-350. Although this case is one of first impression regarding the effect of Pub.

National State Bank of Newark v. The United States. The Bowery Savings Bank v. The United States

357 F.2d 704 · United States Court of Claims · Mar 18, 1966

Burr involved garnishment which is a proceeding clearly without the coverage of 28 U.S.C. § 1491 . The same is true of the tort counterclaim in Waylyn. … We are confident that the facts and prior legislative history establish that agency relationship without more. 9 .

Scott v. United States

432 F.2d 1388 · United States Court of Claims · Oct 16, 1970

With this finding the Government concurs, and has now conceded that, absent the privileges and immunities accorded under the treaty, both Scott and Warnick would be qualified for the benefits of § 911(a) (1). … Eeg. § 1.911-1 (a) (2)] does not clearly provide any such requirement.

Quarles Petroleum Co. v. United States

551 F.2d 1201 · United States Court of Claims · Feb 23, 1977

The facts in the instant case clearly demonstrate that the plaintiffs through their own actions were liable for the costs resulting from the clean up operations. … It is well established and readily admitted by this court that statutes waiving the immunity of the United States must be strictly construed. 6 But just as impelling is the duty of this court to follow the intent of the Congress

Johnston v. Secretary of the Department of Health & Human Services

22 Cl. Ct. 75 · United States Court of Claims · Nov 19, 1990

The petitioner’s duty is to establish the seven factors of section 300aa-ll(c)(l), including the timing of the first symptom, and to substantiate his case with medical records *77 or medical opinions. 42 U.S.C.A. § 300aa- … West in 1841, well before any immunization scheme in the United States.” (footnote omitted).

Short v. United States

25 Cl. Ct. 722 · United States Court of Claims · Apr 13, 1992

they clearly established such “fiduciary obligations of the Government in the management and operation of Indian land and resources, they can fairly be interpreted as mandating compensation by the Federal Government for … This court follows the established case law and reaffirms its earlier decision on the interest issue.

Lewis v. Secretary of Department of Health & Human Services

26 Cl. Ct. 233 · United States Court of Claims · Apr 20, 1992

Rak’s theory of causation qualifies as idiopathic. … Once a petitioner establishes the basis for the presumption, i.e., the onset of seizures within 72 hours of vaccine administration, respondent can defeat entitlement only by establishing by a preponderance of the evidence

Winstar Corp. v. United States

25 Cl. Ct. 541 · United States Court of Claims · Apr 21, 1992

Clearly, this court is not a policy-making body. … Courts are not established to make policy. Our Constitution, and-the people who established that great document, gave the policy-making powers to the executive and legislative branches.

Scherr Construction Co. v. United States

38 Cont. Cas. Fed. 76,314 · United States Court of Claims · May 28, 1992

DISCUSSION The purpose of the EAJA is to lift the “bar of sovereign immunity for award of fees in suits brought by litigants qualifying under the statute.” Levemier Constr., Inc. v. … The unaudited, qualified balance sheet provided by plaintiff 2 does not enable the *251 court to ascertain plaintiffs net worth, which plaintiff must establish as a predicate for an award under the EAJA. 28 U.S.C. § 2412

Related Industries, Inc. v. United States

31 Cont. Cas. Fed. 71,228 · United States Court of Claims · May 26, 1983

Defendant argues that in § 634 Congress waived the immunity of the Small Business Administrator against suit but withheld any waiver of immunity against an injunction, and, accordingly, neither the SBA nor its Administrator … There the Supreme Court ruled that when Congress establishes an agency, authorizes it to engage in commercial and business transactions with the public, and permits it to “sue and be sued,” Congress has waived the immunity

Short v. United States

12 Cl. Ct. 36 · United States Court of Claims · Mar 17, 1987

The Federal Circuit’s affirmation of the trial judge’s 1982 opinion establishing the eligibility standards, and the prior Short I and Short II opinions, clearly characterized the plaintiffs’ claim as one for breaches of trust … The Secretary cannot avoid established trust obligations to qualified plaintiffs by making discriminatory distributions to individual Hoopas through the Hoopa Valley Tribe, when such distributions were otherwise prohibited

J.H. Miles & Co. v. United States

3 Cl. Ct. 10 · United States Court of Claims · Jul 11, 1983

Service to allow their claims for refund filed for the fiscal years ending July 31, 1975, and July 31, 1976, which were based on alleged entitlement to investment tax credits for such years with *11 respect to a certain “qualified … Thus, the word “shall” in the context used in § 2412(d)(1)(B), clearly connotes an imperative as to the time frame in which the application must be filed.

Doe v. Secretary of the Department of Health & Human Services

19 Cl. Ct. 439 · United States Court of Claims · Jan 31, 1990

The total number of hours that are clearly noncompensable is 36.4. … I am not an immunization expert.” Tr. at 85.

Wolverine Supply, Inc. v. United States

35 Cont. Cas. Fed. 75,676 · United States Court of Claims · Jun 13, 1989

This activity, unlike the agencies in the L’Enfant Plaza, Breitbeck, and Ford, Powell & Carson cases was not established by statute. The CBF was established by regulation. … appropriated funds and thus sovereign immunity was not to be removed as to these activities.

Lawler v. United States

16 Cl. Ct. 53 · United States Court of Claims · Dec 8, 1988

Both 26 U.S.C. § 7430 and 28 U.S.C. § 2412 constitute waivers of traditional immunity enjoyed by the sovereign. … The declaration submitted by plaintiff’s counsel clearly establishes that he does possess the necessary degree of specialized skill and knowledge in taxation and Internal Revenue Code matters to qualify as a specialist in

Shore v. United States

26 Cl. Ct. 829 · United States Court of Claims · Aug 21, 1992

Such a conclusion clearly flies in the face of Flora, which simply and clearly “requires full payment of the assessment.” Flora, 362 U.S. at 177, 80 S.Ct. at 647 (emphasis added). … Since this is a fundamental legal principle which is clearly established in Rule 8(a) of the Rules of the United States Claims Court, 18 this court cannot yield to sympathy for plaintiffs’ oversight or neglect in adequate

Massard v. Secretary of the Department of Health & Human Services

25 Cl. Ct. 421 · United States Court of Claims · Mar 3, 1992

The Program was established in 1986 as part of the National Childhood Vaccine Injury Act, Pub.L. No. 99-660, Title III, § 311(a), 100 Stat. 3755 . … Thereafter she had difficulty in finding qualified counsel, and difficulties in obtaining necessary records to support a claim under the Pro *423 gram. The petition for compensation was filed on February 13, 1991.

Frank S. Scott, Jr. v. The United States. Alvin C. Warnick and Barbara W. Warnick v. The United States

432 F.2d 1388 · United States Court of Claims · Oct 16, 1970

With this finding the Government concurs and has now conceded that, absent the privileges and immunities accorded under the treaty, both Scott and Warnick would be qualified for the benefits of § 911(a) (1). … The cited regulation [Treas.Reg. § 1.911-1 (a) (2)] does not clearly provide any such requirement.

William Clyde Burton v. The United States

404 F.2d 365 · United States Court of Claims · Dec 13, 1968

was no one qualified who was already in the employ of Washington headquarters. 2. … It is, however, pointed out, not by plaintiff, that a person may be immune from a promotion, except with his consent, even if not immune from a lateral transfer to another geographical location.

Deakins v. United States

3 Cl. Ct. 97 · United States Court of Claims · May 20, 1983

The court agreed that the government was immune from suit. … This provision clearly anticipates that there will be occasions when local standards will be stricter than the MPS and defers to those standards.