Case law

Glasgow Associates v. United States

495 F.2d 765 · United States Court of Claims · Feb 20, 1974

One of the functions of this division was to review the three lowest bids for a construction contract and to recommend award to the lowest qualified bidder. … We reject, however, this effort to delimit defendant’s sovereign act immunity.

United States v. Choctaw Nation

38 Ct. Cl. 558 · United States Court of Claims · Apr 27, 1903

These provisions, relative to the freedinen, are previously qualified as to their holdings of such lands by this clause in the statute— “To be selected, held, and used by them until their rights under said treaty shall be … For the purpose of making allotments and designing-homesteads hereunder, the forty-acre or quarter-quarter subdivisions established by the Government survey may be dealt with as if further subdivided into four equal parts

Aleman Food Services, Inc. v. United States

37 Cont. Cas. Fed. 76,199 · United States Court of Claims · Oct 11, 1991

Such an argument is difficult to sustain against the United States, given the doctrine of sovereign immunity. Fortunately for the court, no such evaluation need be undertaken here. … Moreover, when those duties assigned by the bylaws to the Secretary and those assigned to the Treasurer are taken together, they clearly describe an individual who, when performing both jobs, clearly does have broad corporate

Hulsart v. United States

86 F. Supp. 902 · United States Court of Claims · Nov 7, 1949

We think where, as in this case, the change in designation was regular and clearly established, the employee’s wishes should govern. … We think, therefore, that a clearly established designation, evidenced by a manifest intent and complying with the requirements of such designation, should be recognized. Coleman v.

Johnson v. United States

94 Ct. Cl. 175 · United States Court of Claims · Apr 7, 1941

In the event, however, that qualified workers are not furnished by the union locals within 48 hours (Sundays and holidays excluded) after request is filed by the employer, such labor may be chosen from lists of qualified … perform the work or to conform to the record or ruling, and, within ten (10) days after the date of receipt of the written instructions or decision, he shall file a written protest with the contracting officer, stating clearly

Peter v. United States

6 Cl. Ct. 768 · United States Court of Claims · Nov 30, 1984

Defendant’s arguments that specific authority that mandates monetary compensation or creates a fiduciary obligation is required to establish a waiver of sovereign immunity do not take into account the distinction between … The allegations clearly are not frivolous. Whether plaintiffs’ evidence ultimately will be sufficient to establish the facts alleged in the complaint is not before the court on a motion to dismiss.

Louis G. Ruderer v. The United States

412 F.2d 1285 · United States Court of Claims · Jul 16, 1969

Swa-aley stated his grievance in the letter: he was not promoted when others less qualified were because they paid bribes. … Plaintiff clearly is animated by a vast indignation, but one needs more than that to manage litigation with success.

Iowa State University of Science & Technology v. United States

500 F.2d 508 · United States Court of Claims · Jul 19, 1974

'Public interest programming, presentations by an extension service, in-school classroom broadcasts, and the employment of qualified students are not unique to WOI-TV. … The two courses in which students worked in the WOI newsroom and produced programs for local broadcasts were clearly valuable experience.

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

23 Cl. Ct. 287 · United States Court of Claims · Jun 4, 1991

Standards were established for conduct of proceedings on a petition (Section 12(d)(3)(B)). … Clearly, in Potter, Hulsey, and in this case, it is the factual underpinning that is determinative; the label applied does not control a determination of allowability of the award.

Standard Manufacturing Co. v. United States

32 Cont. Cas. Fed. 73,131 · United States Court of Claims · Dec 13, 1984

The government’s contention that this holding would improperly result in an expansion of the concept of waiver of sovereign immunity is fallacious. … There has long been a waiver of immunity from suit on claims based on contracts implied-in-fact. . Cf. Aero Corporation v. Department of the Navy, 540 F.Supp. 180 (D.D.C.1982); Keco Industries, Inc. v.

Wiggins ex rel. Wiggins v. Secretary of the Department of Health & Human Services

17 Cl. Ct. 551 · United States Court of Claims · Jun 30, 1989

Briefs before the court reveal the suit against the MDPH was dismissed because of governmental immunity, a decision that was affirmed by the Michigan Court of Appeals. … They believed that Michael Wiggins would qualify for compensation pursuant to the then existing terms of the Vaccine Act, regardless of the settlement reached with the physician.

Critzer v. United States

597 F.2d 708 · United States Court of Claims · Apr 18, 1979

The Government now contests this recommendation, and the question of exemption is the sole issue before us at this juncture. 7 Plaintiff argues first and foremost that her business and leasing income is clearly exempt under … free of all charge or incumbrance whatsoever.” 10 The Court went on to say that "[t]he purpose of the allotment system was to protect the Indians’ interest and 'to prepare the Indians to take their place as independent, qualified

Prineville Sawmill Co. v. United States

34 Cont. Cas. Fed. 75,425 · United States Court of Claims · Jan 15, 1988

The instant case is clearly not a sealed bid case, where bidding strategy can be detected by bidders in a second auction. Rather, the instant sale was conducted at oral auction. … Sealed *192 bids were required only in the qualifying round, not in the bidding when the sale was to be awarded.

Lima Surgical Associates, Inc. Voluntary Employees' Beneficiary Ass'n Plan Trust v. United States

20 Cl. Ct. 674 · United States Court of Claims · Jun 15, 1990

The ability to pay retirement benefits is clearly one of the reasons for adoption of the Plan. … Obviously, eligibility for benefits under the Plan in issue are “conditioned” on both compensation and length of service. *692 Those conditions clearly have the effect of entitling Drs.

White Mountain Apache Tribe v. United States

20 Cl. Ct. 371 · United States Court of Claims · May 9, 1990

The law is unequivocal that absent a statute expressly providing for the payment of interest, separate from a general waiver of immunity to suit, the United States is immune from an award of interest as damages. 28 U.S.C. … Exercise of that authority within the parameters established by the Act calls for the production of money.

McEaddy v. United States

152 Ct. Cl. 311 · United States Court of Claims · Jan 18, 1961

We agree with the Trial Commissioner that the evidence fails to establish arbitrary or capricious action by the Board or that its findings were clearly erroneous. … The incidents themselves are established by the record, but it was not established that the defendant was arbitrary or capricious or clearly erroneous in determining plaintiff’s arthritic condition to be the product of a

Duncan v. United States

667 F.2d 36 · United States Court of Claims · Dec 2, 1981

Mitchell did, however, give overall guidance as to the interpretation and application of statutes said to waive federal immunity from suit. … clearly left unfulfilled.

Easter House v. United States

12 Cl. Ct. 476 · United States Court of Claims · Jun 10, 1987

The IRS also found that plaintiff failed to qualify as an organization described in section 501(c)(3) because plaintiff failed to establish that no part of its net earnings inured to private individuals or that plaintiff … In the matter of qualifying for a charitable exemption under section 501(c)(3), the court finds no Congressional mandate that the general rule that a taxpayer must establish its own exemption should not be followed.

Electro-Methods, Inc. v. United States

32 Cont. Cas. Fed. 73,426 · United States Court of Claims · Apr 18, 1985

Paragraphs (b)(1) and (2) of Section M-4 of the solicitation clearly permits a contractor to qualify under this restrictive procurement if it has either previously been approved as a supplier by the Department of Defense … Its preamble reads that it is a “regulation [that] establishes a joint method of qualifying sources of supply of aircraft engine parts which are designated technically restricted.”

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

19 Cl. Ct. 134 · United States Court of Claims · Dec 5, 1989

Richard Brilli, of the Immunization Clinic of the Naval Air Station, administered the DPT vaccination to Joey. … The Special Master’s proceeding provides a better forum to review matters which Congress wanted a part of the decisionmaking process, yet which may not qualify as evidence.