Case law

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.

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.

P. L. Saddler v. United States

287 F.2d 411 · United States Court of Claims · Mar 1, 1961

Plaintiff began performing the contract within a few days of its execution and June 8, 1951, was established as the contract completion date. … Certain qualifying conditions which accompanied plaintiff’s response bid on the new specifications apparently were disregarded by the defendant.

Collins v. United States

14 Cl. Ct. 746 · United States Court of Claims · May 19, 1988

Further, plaintiff would be credited with qualifying service from the date of discharge. … Such a challenge clearly runs afoul of the statute of limitations.

Heins v. United States

149 F. Supp. 331 · United States Court of Claims · Mar 6, 1957

His Form 66, Sec. 28, clearly shows that he was assigned to Truax AFB, absent sick, civilian hospital. … Reservists must be physically qualified for general service with or without waiver to qualify for active military service. a.

Metric Construction Co. v. United States

30 Cont. Cas. Fed. 70,793 · United States Court of Claims · Feb 8, 1983

For reasons discussed hereinafter, neither party has established a right to summary judgment. I. … The fee amount sought, i.e., 7.5 percent, was clearly stated.

Black v. United States

25 Cl. Ct. 268 · United States Court of Claims · Feb 11, 1992

For the reasons expressed, infra, and notwithstanding plaintiff’s position regarding remand, we are constrained to conclude that, given the totality of the overall circumstances, such is clearly warranted. … Accordingly, we find that this court clearly has the power to direct the Board to hold a hearing upon remand when the court deems such a hearing, as here, to be “proper and just” pursuant to the requirements of § 1491. 12

Danville Plywood Corp. v. United States

16 Cl. Ct. 584 · United States Court of Claims · Mar 31, 1989

The foregoing provision requires the taxpayer to clearly and objectively establish that: (i) such expenditure occurred in a clear business setting directly in furtherance of the taxpayer’s business; and (ii) the recipient … We find that these circumstances clearly prevent a finding of the existence of a “clear business setting,” and plaintiff has failed to clearly establish to the contrary.

Wood v. United States

25 Ct. Cl. 98 · United States Court of Claims · Dec 16, 1889

The defendants insist that, as the claimant had never given bond as required by Revised Statutes, section 1191, as appears by the account stated against him by the accounting officer, he was not qualified to act at all. … The application of that statute to cases like this has been clearly defined by the Supreme Court in Clark’s Case ( 96 U. S.

Hrdina v. United States

5 Cl. Ct. 17 · United States Court of Claims · Mar 30, 1984

Thus, the evidence, taken as a whole, falls far short of establishing a clear-cut relationship between poor performance of duty and plaintiff’s physical condition. … Aside from a 1967 opinion that plaintiffs torticollis was “psychogenic in origin”, all the medical evidence clearly portrays that disease as a neurological disorder.

Carrier Corp. v. United States

534 F.2d 244 · United States Court of Claims · Jan 28, 1976

Under these circumstances, we cannot conclude that the mere inclusion of these provisions in the contract and the contractor’s use of the allegedly infringing equipment, constitute sufficient evidence to establish the Government … 'Since the contract at issue is for services, the quoted portion of the clause is clearly inapposite. 28 U.S.C. § 1498 (a).

Petrini v. United States

19 Cl. Ct. 41 · United States Court of Claims · Dec 13, 1989

Particular care shall be taken to insure that year long positions are clearly required and involvé essential 12 month assignments. … It is defendant’s position that, even if the board extended an offer, it clearly and unequivocally was revoked by both Mr. Doler before plaintiff’s acceptance on April 2, 1987.

Carman v. United States

602 F.2d 946 · United States Court of Claims · Jul 18, 1979

The resolution of plaintiffs sick leave claim and the granting of the necessary relief are clearly within our mandate if a proper nexus exists between the back pay claim and the sick leave claim. … App. § 459 (1970), a person who has left a position with the Federal Government, upon returning from service with the Armed Forces, shall "if still qualified to perform the duties of such position, be restored to such position

Fort Sill Associates v. United States

183 Ct. Cl. 301 · United States Court of Claims · Mar 15, 1968

Cl. 768 , 381 F. 2d 403 (1967), pointed out that to qualify as a changed condition, the unknown physical condition must be one that could not be reasonably anticipated by the contractor from his study of the contract documents … After the excavation, the entire excavated area clearly became a fill area within the meaning of the specifications.

Port Authority of the City of Saint Paul, a Public Corporation v. The United States

432 F.2d 455 · United States Court of Claims · Oct 16, 1970

On April 26, 1965, plaintiff requested a field survey to determine the extent of the damages to its facilities in order to qualify for Federal assistance under the Act. … wrong.” * * * In a number of eases this court has also held that it can invalidate such a regulation only if it clearly contradicts the terms or purposes of the statute.

Qualls v. United States

678 F.2d 190 · United States Court of Claims · May 5, 1982

Nor has plaintiff established any entitlement to travel expenses under title 5. … The rule is well established that the courts are not empowered to promote a government employee to a higher grade, or to grant an employee judgment for the pay of a higher grade, unless the employee can clearly show a legal

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

18 Cl. Ct. 253 · United States Court of Claims · Sep 14, 1989

The Act establishes a program for payment of compensation for injuries or deaths caused by the administration of vaccines. Petitioner, Thomas J. … Respondent’s interpretation of subsection 2115(b) can also be argued to be consistent with the general rule of statutory construction that waivers of sovereign immunity should be strictly construed. See Bennett v.

Alaskan Arctic Gas Pipeline Co. v. United States

19 Cl. Ct. 211 · United States Court of Claims · Jan 11, 1990

The defendant opposes the fee application on the grounds that plaintiffs have not carried their burden of establishing their eligibility to recover attorney fees under the EAJA. … Having summarily failed to qualify under this first requirement of the four-part eligibility test, generally it is unnecessary to go further.

Sico Foundation v. United States

295 F.2d 924 · United States Court of Claims · Jan 12, 1962

As Judge Littleton pointed out in the first SICO decision, the law prior to 1951 had been rather clearly established that the destination of an organization’s income was more important than the source of its income for purposes … The record clearly establishes, that these scholarships have served to increase student attendance and hence have resulted in the training of more qualified public school teachers than might otherwise have been true.

Summit Contractors v. United States

36 Cont. Cas. Fed. 75,964 · United States Court of Claims · Nov 8, 1990

In addition, the bid prospectus clearly instructed Summit to inspect the Canyondam sale area to independently ascertain a reliable volume estimate. … Assuming arguendo that the 75 percent requirement was met by plaintiff, Summit would merely qualify for, but not be entitled to, a contract extension.