Case law

Powers v. United States

176 Ct. Cl. 388 · United States Court of Claims · Jun 10, 1966

Summary of Regulations Establishing Physical Standards for Disability Retirement 25. … (g) AE 40-105, October 14, 1942, the regulation which established the specific physical standards, provided that an officer was not qualified for active service if he had osteoarthritis of the spinal column; disease of the

Reforestacion de Sarapiqui v. United States

26 Cl. Ct. 177 · United States Court of Claims · Apr 29, 1992

Two well-established principles support this conclusion. … Clearly plaintiff cannot meet this formidable burden of establishing that the tort of misrepresentation was connected to the performance of the written contract. L’Enfant Plaza, 645 F.2d 886 , 227 Ct.Cl. at 11 .

Laningham v. United States

5 Cl. Ct. 146 · United States Court of Claims · Apr 13, 1984

Conversely, plaintiff claims that the April 26, 1983 letter, supra, establishes a valid unconditional promotion to Commander. … Moreover, the record clearly indicates that plaintiff was not qualified to perform operational flying duty after September 1979, and also contains no evidence that plaintiff executed a written agreement to remain on active

Detroit Trust Company v. United States

130 F. Supp. 815 · United States Court of Claims · Apr 5, 1955

Michel, 282 U.S. 656, 658-659 , 51 S.Ct. 284, 285 , 75 L.Ed. 598 , said: “By this statute the United States waived its sovereign immunity from suit. … Clearly, the taxpayer had an option under either the statute in force at the time of the Michel decision, supra, or under the present code, section 3772, supra, to file suit at the expiration of six months from the date of

Castillo Morales v. United States

19 Cl. Ct. 342 · United States Court of Claims · Feb 1, 1990

A claimant must, therefore, look beyond the Tucker Act to establish an express waiver of sovereign immunity with respect to his claim. Connolly, 716 F.2d at 885 . … Even if the complaint is construed to state a tax refund claim, it clearly alleges much more.

Continental Illinois National Bank and Trust Company of Chicago v. The United States

403 F.2d 721 · United States Court of Claims · Nov 15, 1968

(b) We turn now to consider whether a bequest — not clearly restricted to a charitable use — to a foreign municipality can qualify under § 2055(a) (3) as a gift or contribution to be used exclusively for charitable purposes … We find nothing in this language to establish that the testator intended that the contribution be used solely for charitable purposes.

General Dynamics Corp. v. United States

6 Cl. Ct. 250 · United States Court of Claims · Sep 7, 1984

Plaintiffs assert that their liability is established when a qualified employee or dependent receives covered medical services. … Indeed, plan coverage is clearly outlined in booklets describing the standards for payment.

Almeda v. United States

453 F.2d 1397 · United States Court of Claims · Jan 21, 1972

C.A.N., page 2928 (1958), 1 clearly indicate that the respon *86 sible official of the agency where training is being provided through the GETA, has the discretion to pay all or part of the pay of an employee who participates … Put another way, such a holding would effectively reward those employees who needed additional training to qualify for the position while discriminating against those who were so qualified that there was no need for further

Adair v. United States

648 F.2d 1318 · United States Court of Claims · May 6, 1981

These programs were recruiting mechanisms which enabled PHS to obtain highly qualified physicians for certain government positions. … Clearly Congress envisioned that physicians working side-by-side and performing essentially the same duties, would not necessarily receive the same salary — one might be eligible for VIP while the other was not. 15 Even if

Jones v. United States

7 Cl. Ct. 673 · United States Court of Claims · Apr 4, 1985

Under the precedent established by the U.S. Court of Claims, this argument is without merit. … This is clearly the type of decision where reasonable minds could reach differing conclusions based on the same record. See Sanders, 219 Ct.Cl. at 302 , 594 F.2d 804 .

Kimmel v. United States

196 Ct. Cl. 579 · United States Court of Claims · Dec 10, 1971

On June 28,1965, plaintiff was formally advised that he was not qualified for retention hi the Reserve and not qualified for transfer to the Retired Reserve. … On February 24,1967, plaintiff was notified of his selection for promotion to the grade of lieutenant, subject to establishing that he was physically qualified.

Security Savings & Loan Ass'n v. United States

26 Cl. Ct. 1000 · United States Court of Claims · Sep 10, 1992

Therefore, a waiver of sovereign immunity cannot be implied, but must be unequivocally expressed. United States v. Testan, 424 U.S. at 399 , 96 S.Ct. at 953 ; United States v. … In addition, the All Writs Act does not confer power on a court to expand its jurisdiction beyond clearly expressed statutory limits. See Clark v. Busey, 959 F.2d 808 (9th Cir.1992).

Williams International Corp. v. United States

32 Cont. Cas. Fed. 73,405 · United States Court of Claims · Apr 12, 1985

Its jurisdiction to grant relief depends on the extent to which the United States has waived its sovereign immunity to suit. … It is well established that waiver of sovereign immunity cannot be implied but must be unequivocably expressed. United States v. King, supra.

Union Pacific Railroad v. United States

9 Cl. Ct. 702 · United States Court of Claims · Feb 28, 1986

Shipments intended for military use qualified for low “land-grant” freight rates prescribed by several Granting Acts and Equalizing Agreements. … Thus, the Cutback Agreement established that cutback deductions would not be allowable for the tax years in question. Hence, section 1341, by its own terms, cannot apply.

Wall Industries, Inc. v. United States

15 Cl. Ct. 796 · United States Court of Claims · Nov 22, 1988

Such fees by statute, however, are limited to a rate of $75 per hour unless, of course, Wall can show that a special factor, such as the limited availability of qualified attorneys for that particular proceeding, entitles … If Wall fails to meet one of the indispensable eligibility EAJA requirements, the question then is — whether there is any other basis upon which it can qualify. C.

SMS Data Products Group, Inc. v. United States

36 Cont. Cas. Fed. 75,820 · United States Court of Claims · Mar 1, 1990

Jurisdiction The United States, as sovereign, is immune from suit unless Congress specifically waives immunity. United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976); Soriano v. … Traditionally, the Government could invoke the clause so long as it did not act in bad faith or clearly abuse its discretion.

Western States Construction Co. v. United States

38 Cont. Cas. Fed. 76,376 · United States Court of Claims · Jul 24, 1992

This position was clearly set forth in Bowers Hydraulic Dredging Co. v. … Professor Corbin is clearly in accord: In numberless well-considered cases, proof of local or trade usage, custom, and other circumstances has been allowed to establish a meaning that the written words of the contract would

Luckenbach Steamship Company, Inc. v. United States

292 F.2d 913 · United States Court of Claims · Jul 19, 1961

Judge Forman held that the declaratory judgment was available against the United States as “a procedural device used by a party seeking a remedy clearly within the scope of the government’s waiver of its sovereign immunity … We think that in this case section 2 of the Suits in Admiralty Act, 46 U.S.C.A. § 742 , establishes the remedy against the United States which may be obtained through the use of the declaratory judgment as a procedural device

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

18 Cl. Ct. 828 · United States Court of Claims · Nov 17, 1989

However, the burden should be on counsel in these cases to establish a reasonable rate. This is best accomplished by the establishment of a lodestar rate and a requirement that counsel justify a higher rate. … The court does not feel that $75 per hour is inadequate or unreasonable in the context of the record in this case as it relates to the establishment of liability and to the establishment of a reasonable hourly rate for services

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

19 Cl. Ct. 395 · United States Court of Claims · Feb 8, 1990

Davis’ opinion that the pertussis immunization was the cause of Mark’s problems. Ex. D. Records of Children’s Hospital show a final diagnosis of “acute Encephalopathy due to pertussis immunication.” Ex. … Weaver and petitioner are sufficient to establish the fact of immunication. Moreover, the subsequent hospital records refer back to it. This satisfies the requirements of § 11(c)(1)(A) and (B) of the Act. 2.