Case law

Richard G. Augenblick v. The United States

377 F.2d 586 · United States Court of Claims · May 12, 1967

Documents “clearly beyond the reach of the statute” perhaps need not be produced. … But in the absence of the notes it could not be said, without much doubt and hesitation, that they failed to qualify as a “statement.”

Confederated Tribes of the Colville Reservation v. United States

20 Cl. Ct. 31 · United States Court of Claims · Mar 23, 1990

The plaintiffs contend that this clause, as styled, is in effect a waiver of sovereign immunity 22 under which claims must be weighed against a standard of “fairness, honor and morality.” … In that sense, the limited waiver of sovereign immunity contained in that statute is not nearly as broad as the Tribes would have us believe, and in no sense implicates navigational servitude.

Lewis v. United States

485 F.2d 606 · United States Court of Claims · Oct 17, 1973

Similarly, property held by the entirety is immune from the reach of a third party creditor of one spouse only. Madden v. Gosztonyi Savings & Trust Co., 331 Pa. 476, 482 , 200 A. 624, 627-28 (1938). … In general under Pennsylvania law, once a tenancy is established, neither spouse can partition, terminate or sever the estate by his or her action alone — at least not to the detriment of the other.

Walker v. United States

11 Cl. Ct. 77 · United States Court of Claims · Oct 16, 1986

The general rule is that this waiver of sovereign immunity merely defines the parameters of the Claims Court’s jurisdiction; “it does not create any substantive right enforceable against the United States for money damages … The Federal Circuit in Rosano and Connolly has clarified and limited the ramifications of Kennedy, Jackson, and Swaaley, and their reasoning clearly has no useful application to the instant case.

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

22 Cl. Ct. 214 · United States Court of Claims · Dec 13, 1990

FACTS The petitioner, Manchester Tom, received four DPT immunizations as part of a series. … That section clearly states that the cap is a program total and not a petition total.

Circle K Corp. v. United States

23 Cl. Ct. 659 · United States Court of Claims · Aug 2, 1991

Plaintiff’s proxy statements, news releases, and representations to shareholders regarding its “intent” clearly played no part in the court’s decision. … The court determined that stock purchased with an option to buy crude oil qualified, as a matter of law in these particular circumstances, as a legitimate hedging transaction.

Ransom v. United States

35 Cont. Cas. Fed. 75,674 · United States Court of Claims · Jun 13, 1989

First, it is well established that a surety who takes over a project for a defaulted contractor can seek to recover its cost from the remaining contract funds. See Carchia v. … More importantly, this section is clearly intended to protect the interests of the Government.

C. W. Schmid D/B/A C. W. Schmid Plumbing & Heating v. The United States

351 F.2d 651 · United States Court of Claims · Oct 15, 1965

These specifications for the boilers provided that they could be the product of any qualified manufacturer, provided they met certain stated capacity and performance requirements. … Those cases are clearly distinguishable, because in each the work had been performed by the contractor.

Pope v. United States

76 Ct. Cl. 64 · United States Court of Claims · Mar 7, 1932

The proof is not only convincing but clearly establishes that the timber used and not paid for was in fact actually used in the timbered sections, and for this timber the contractor was entitled to payment. … This fact is clearly established for they were not filled except in accord with the contractor’s promise to see to it that grout instead of cement filled them.

Artwohl v. United States

434 F.2d 1319 · United States Court of Claims · Dec 11, 1970

The most common occurrence which qualified a car for sale was the passage of two years following the date of importation. … Those who serve us abroad, though able and dedicated, are not per se entirely immune.

Ross Michael Simon Trust, Arline A. Simon, Trustee v. The United States

402 F.2d 272 · United States Court of Claims · Oct 18, 1968

The facts of this case establish business continuity so clearly that the existence or nonexistence of good business reasons is unhelpful, if not immaterial. … Under the facts, the distributions in question were clearly not part of a "series of distributions in redemption of all of the stock of the corporation pursuant to a plan," so as to qualify under section 346(a) (1).

Gragg v. United States

551 F.2d 827 · United States Court of Claims · Mar 23, 1977

Added to that sum is one-half of the balance of the sale proceeds, which do qualify for treatment as capital gains. … Plaintiffs contend, though, that these decisions establish for the terms "income” as used in the sixteenth amendment, and "gross income” as in § 61(a), a constant, constitutionally mandated meaning from which Congress cannot

Kuehn v. United States

480 F.2d 1319 · United States Court of Claims · Jul 13, 1973

The distinctions between American Radiator and this case (or Byron Weston) are most clearly drawn by looking to the content of the written memorandum in each case. … Such a result would be unworkable, and would circumvent the purpose behind the requirement that a refund claim clearly inform the IES that a refund is being sought.

Webb v. United States

192 Ct. Cl. 925 · United States Court of Claims · May 1, 1970

Whatever may be said of the merits of the Corps of Engineers’ actions in operating the dam as it did during the 1965 hurricane crisis,. the1 Government is immunized ■ from legal liability for at least two reasons. … The Government negligence that so clearly emerges from the present record is in no way dependent on anything so tenuous as an asserted lack of meteorological prescience.

Benson v. United States

141 Ct. Cl. 273 · United States Court of Claims · Jan 15, 1958

No court test of such liability was possible, because of the sovereign immunity from suit. … The style of the case as established in the court’s records is therefore retained.

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

18 Cl. Ct. 777 · United States Court of Claims · Nov 2, 1989

This experience occurs once in 1750 cases of the immunization of infants. … Secondly, Defendant’s Exhibit 5 is clearly unadulterated hearsay.

Hoffman v. United States

175 Ct. Cl. 457 · United States Court of Claims · May 13, 1966

The medical officer who examined plaintiff found plaintiff qualified for “Separation” and did not list any disqualifying defects. … , implementing departmental regulations governing the Board’s procedures were established, and the criteria for relief was identified.

Cunningham v. United States

549 F.2d 753 · United States Court of Claims · Jan 26, 1977

his inability to work for the purpose of precluding his recovery of back pay for wrongful discharge, unless he can establish that the agency’s determination of total disability Was clearly wrong. … Despite the contradictions, it is concluded that the official record does not establish that plaintiff was not mentally or technically qualified to perform her duties as a mathematician during her 3 years at WADC.

Keener v. United States

165 Ct. Cl. 334 · United States Court of Claims · Apr 17, 1964

We gather from the record that some agency action was clearly warranted to attempt to improve the loan-delinquency rate. … The functions of loan processing and loan administration were clearly separated between the new positions.

Aetna Casualty & Surety Co. v. United States

655 F.2d 1047 · United States Court of Claims · Jun 17, 1981

The implication, of course, is that although such proceeds are clearly to be given to the Secretary, there is no enforceable legal duty to disburse those proceeds. … In those cases, suit was brought against the Secretary of HUD using the limited waiver of sovereign immunity provided by 12 U.S.C. § 1702 .