Case law

First Commercial Bank v. Secretary of the Deptartment of Health & Human Services

19 Cl. Ct. 226 · United States Court of Claims · Dec 11, 1989

A medical expert determined that Kari suffered a post-pertussis immunization encephalopathy. Kari will continue to suffer the effects of this vaccine-related disorder throughout her life. … As guardian of the Estate of Kari Janeen McLean, a minor, it is expected that petitioner, First Commercial Bank, will establish appropriate procedures to safeguard the best interests of its ward.

Shimota v. United States

21 Cl. Ct. 510 · United States Court of Claims · Sep 10, 1990

Also plaintiffs argue that in 1986, in establishing the Federal Employees Retirement System (FERS), Congress left this definition intact expressing its intent to approve this tax free treatment. … It clearly is an integral part of that annuity which cannot be disregarded in determining the total amount each retiree is due in the aggregate to receive under CSRS.

L. M. Daniels and Clayton G. Leonard v. The United States

407 F.2d 1345 · United States Court of Claims · Mar 14, 1969

It was found that no adequate salary formula could be established upon a classification of the relative functions, experience, and qualifications of the pilots, since most pilots performed or were qualified to perform the … As plaintiffs admit in their cross-motion, defendant’s position is clearly correct. Burich v.

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

18 Cl. Ct. 799 · United States Court of Claims · Nov 16, 1989

Clearly, the Medical Review, Dr. … Congress clearly intended that fees and costs be distinct from “compensation.”

Lockheed Aircraft Corporation v. The United States

375 F.2d 786 · United States Court of Claims · Apr 14, 1967

defeat the government’s immunity. … This would have to be qualified by any special factors that would preclude universal allocation.

Esprit Corp. v. United States

35 Cont. Cas. Fed. 75,551 · United States Court of Claims · Sep 8, 1988

For two of these claims, because of the lack of credible testimony, the court was forced to use a “jury verdict” approach to establish damages. Esprit Corp. v. … Underwood, 108 S.Ct. at 2553-54 , the Supreme Court stated: [T]he exception for “limited availability of qualified attorneys for the proceedings involved” must refer to attorneys “qualified for the proceedings” in some specialized

Equipment Corp. of America v. United States

98 Ct. Cl. 159 · United States Court of Claims · Oct 5, 1942

Littleton, Judge, delivered the opinion of the court: Upon the facts established by the record and set forth in the findings plaintiff is clearly entitled to judgment for $4,728 under its contract with the defendant as modified … The plaintiff was the lowest qualified bidder.

Durant v. United States

16 Cl. Ct. 447 · United States Court of Claims · Dec 2, 1988

The County Committee found that the plaintiffs qualified as separate “persons.” … In this case, the tax returns clearly are probative.

Henry v. United States

14 Cl. Ct. 795 · United States Court of Claims · May 4, 1988

Henry (taxpayer) commenced operating Qualified Personnel (Qualified) as a sole proprietorship, with its principal place of business in Wilmington, North Carolina. Qualified engaged in business as a labor broker. … During 1980, discussions ensued between IRS and Qualified, principally with Qualified’s agent, Windham, 2 with respect to the claim.

Bodine v. United States

14 Cl. Ct. 661 · United States Court of Claims · Apr 27, 1988

The evidence clearly indicates that appellant’s incapacity, if any, ceased as of July 23, 1981. … Brooks, M.D., contained in the CA-16 report stated that he was fit for duty on July 23, 1981, thus clearly and directly contradicting his claim of disability. (Agency Exhibit D.)

Bernard G. Browning v. The United States

373 F.2d 915 · United States Court of Claims · Mar 17, 1967

United States, 153 Ct.Cl. 392 (1961), which is clearly factually distinguishable from the case at bar. … The regulations of his agency, the Department of Agriculture, clearly prescribe that in such a situation, the separation shall be considered involuntary for retirement purposes.

Conservative Caucus, Inc. v. United States

650 F.2d 1206 · United States Court of Claims · Jun 3, 1981

Since the applicable statutes and regulations granted USPS broad discretion concerning postal refunds, the agency decision is entitled to finality, because it was not clearly wrong nor contrary to law. … Consequently, since we find that the decision denying plaintiffs claim for refund was not clearly wrong, nor contrary to law, it is entitled to finality.

Penn Security Life Insurance v. United States

524 F.2d 1155 · United States Court of Claims · Oct 22, 1975

as a life insurance company: Qualifying reserves (numerator) 1. … Supp. 600 (1959), established a “reserves follow the risk” rule for tax purposes.

Fleming v. United States

2 Cl. Ct. 111 · United States Court of Claims · Mar 22, 1983

and subsequent service was deemed to be a constructive enlistment. 3 3 Bull JAG 410 reports a case wherein constructive delivery of a discharge was not extended to a servicewoman absent without leave, in order to avoid immunizing … Plaintiff had not completed 18 years’ service as of the discharge date established by statute. 4 *115 2.

Continental Business Enterprises, Inc. v. United States

452 F.2d 1016 · United States Court of Claims · Dec 10, 1971

It is true that the contracting officer included a provision in the KFP in which he claimed the option to award the contract to the most qualified offeror, without granting others the opportunity to negotiate. … Nor has defendant demonstrated the existence of price competition adequate enough to assure the Government that a fair and reasonable price proposal would have been received initially from the most qualified offeror.

The Connecticut Light and Power Company and Subsidiaries v. The United States

368 F.2d 233 · United States Court of Claims · Nov 10, 1966

Plaintiff attempted to purchase *236 such rights and immunity, but such negotiations were unsuccessful. … Such payments enabled taxpayer to build and operate its Shepaug project with immunity from any future tort liability. Such immunity is of continuing value to the taxpayer.

Meyer

546 F.2d 431 · United States Court of Claims · Nov 12, 1976

Again plaintiff’s application was denied due to insufficient evidence to establish a showing of probable error or injustice. … The vague and ambiguous con-clusory statements offered by plaintiff do not qualify as such evidence.

Juda v. United States

6 Cl. Ct. 441 · United States Court of Claims · Oct 5, 1984

Sovereign Immunity Defendant’s motion to dismiss makes a broadside attack on grounds that sovereign immunity has not been waived on the implied-in-fact contract alleged in plaintiffs’ third cause of action. … Plaintiffs’ claims clearly do not grow out of, depend upon, or have their foundation in some treaty stipulation. See United States v.

Beauchamp v. United States

6 Cl. Ct. 400 · United States Court of Claims · Oct 5, 1984

Therefore, it is not sufficient to argue, in attempting to establish jurisdiction, that the alleged tortious conduct is related in some general sense to the contractual relationship between the parties. … These alleged acts clearly establish a definite connection between the alleged tor-tious conduct and the contractual obligation^) owed to Mr. Beauchamp by defendant.

Blandin v. United States

35 Ct. Cl. 568 · United States Court of Claims · Jun 4, 1900

The provi *572 sions of these two statutes, applied in connection with tbe act under which this proceeding was commenced, clearly entitle the claimant to recover full sea pay from the time the decedent was.appointed to take … The claimant, by the facts found, establishes a right to recover, and a judgment will therefore be entered for the sum of six hundred dollars ($600.00).