Case law

Hooper v. United States

53 Ct. Cl. 90 · United States Court of Claims · Jan 7, 1918

qualified and did not recommend him for promotion. … This is what we have done in this case, and it is established from the facts that the plaintiff was not advanced in grade or rank pursuant to law.

Pender Peanut Corp. v. United States

20 Cl. Ct. 447 · United States Court of Claims · May 23, 1990

Section 702 acknowledges that the Tucker Act has already waived sovereign immunity for most money damages suits. Section 702 therefore waives immunity for actions seeking relief other than money damages. … First, the APA is not a waiver of sovereign immunity as to money damages suits.

Computer Products International, Inc. v. United States

39 Cont. Cas. Fed. 76,626 · United States Court of Claims · May 29, 1992

The present case is clearly distinguishable since the case at bar involves a *528 case against the United States pursuant to the Contract Disputes Act, a federal statute which provides a limited waiver of sovereign immunity … According to the unrefuted statement included in the defendant’s filings: In this case, CPI has clearly failed to submit evidence sufficient to establish with certainty its costs of contract performance up to the date of

Max Jordan Bauunternehmung v. United States

33 Cont. Cas. Fed. 74,562 · United States Court of Claims · Aug 27, 1986

By 1968, criteria had been developed that established specifications for material and for application techniques. By 1970, the list of firms qualified for coating the interior of jet fuel tanks included four firms. … Accordingly, this issue is not properly before the court. 13 Nevertheless, Jordan’s argument that the specifications were latently defective clearly is without merit.

Pettit v. United States

488 F.2d 1026 · United States Court of Claims · Dec 19, 1973

Further, Gnotta held that the Administrative Procedure Act is not an implied waiver of governmental immunity from suit. … Such regulations must, in turn, be *249 based on statutory authority waiving the sovereign immunity to suit.

Richmond Screw Anchor Co. v. United States

67 Ct. Cl. 63 · United States Court of Claims · Feb 4, 1929

They saved the further and additional sum of $166,050 by their immunity from injunction arising from the act of 1918.” Interest to the amount, of $99,360.00 is likewise claimed upon this item. … Cls. 433 ) a record of its own production, a record of volume and directness, establishing a fixed royalty of $20 per beam.

Hickman v. United States

10 Cl. Ct. 550 · United States Court of Claims · Aug 8, 1986

The bench ruling detailed those facts which clearly established that each plaintiff properly has been classified as exempt consistent with the applicable legal standards and with the principle that FLSA exemptions must be … You cannot have an individual structuring the performance of his duties to qualify or not qualify for the FLSA exemption.

Penn Towne Builders, Inc. v. United States

31 Cont. Cas. Fed. 72,254 · United States Court of Claims · Mar 6, 1984

Defendant contends moreover that governmental oversight alone, no matter how pervasive, cannot obviate sovereign immunity. … Summit, as required, obtained a “Certificate of Authority” from the United States Department of Treasury in order to qualify as an acceptable surety.

RCA Corp. v. United States

12 Cl. Ct. 569 · United States Court of Claims · Jun 30, 1987

costs of the qualified film. … The court does not believe that the language of § 48(k) clearly defines “owner” only as the party bearing the risk of loss; the statutory language is ambiguous.

Boyd v. United States

207 Ct. Cl. 1 · United States Court of Claims · May 14, 1975

The Assistant Secretary’s decision stated,; in part: * * * And as the TAC Officer Evaluation Report Review Board noted, the rater was well qualified in the manpower field and was obviously better qualified to evaluate the … Pursuant to 10 U.S.C. § 1552 , the Secretary -was authorized, under procedures established by him, to act upon the recommendations of the Correction Board.

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

23 Cl. Ct. 788 · United States Court of Claims · Aug 19, 1991

While recognizing that the Act was developed to be flexible and expeditious in its adjudication of vaccine cases, the Special Master held that the procedural prerequisites established in section 11(a) are jurisdictional in … Second, the court may not construe liberally sections 11(a) and 12(a) because, read together, they waive sovereign immunity for suits against the United States.

Coley Properties Corp. v. United States

593 F.2d 380 · United States Court of Claims · Feb 21, 1979

the rule that a general waiver of sovereign immunity should not be construed to extend to attorneys’ fees unless Congress has clearly indicated that it should). … Although section 401 of the Reorganization Act waives the Postal Service’s immunity from suit, that action is not a waiver of immunity from interest. In United States v.

American Electric Contracting Corp. v. United States

579 F.2d 602 · United States Court of Claims · Jun 14, 1978

in their establishment and publication. … It said that the hotel-power receptacle shall conform to MIL-C-24368, and the latter in turn stated clearly that the receptacle shall be a product which is qualified for listing on the applicable qualified products list at

Goad v. United States

24 Cl. Ct. 777 · United States Court of Claims · Dec 23, 1991

The divorce decree does not qualify as a court order under the USFSPA; 2. Plaintiff’s pay is exempt from executing garnishment, levy, or seizure in satisfaction of a community property claim; 3. … The plaintiff, as the moving party, therefore, has the burden of establishing that there are no genuine issues in dispute and that he is entitled to judgment as a matter of law.

Campbell v. United States

16 Cl. Ct. 690 · United States Court of Claims · Apr 28, 1989

However, such obligation is conditional (as opposed to absolute) upon the availability of funds and the presence of a qualified debtor. … The statute of limitations within which one may initiate an action constitutes a limited waiver of sovereign immunity and therefore must be strictly construed. See Soriano v.

Rohmann v. United States

25 Cl. Ct. 274 · United States Court of Claims · Feb 11, 1992

According to 26 U.S.C. § 6532 , 6 it is very clear that the United States has waived its immunity to be sued on a limited basis only. … In order to qualify for an exception under Rule 3(b)(2)(C), a plaintiff must meet each of the criteria set out in the Rule.

Mason v. United States

461 F.2d 1364 · United States Court of Claims · Jun 16, 1972

The Cafoeman case is clearly distinguishable from the West case on both the facts and the law. … This is clearly shown by the following statements of the Court: * * * The purpose of the allotment system was to protect the Indians’ interest and “to prepare the Indians to take their place as independent, qualified members

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

18 Cl. Ct. 834 · United States Court of Claims · Nov 17, 1989

Lee showing a well visit and immunization on March 10, 1967, Pl.Ex. 17. Mrs. … It is a well-established principle of statutory interpretation that the law favors rational and sensible construction.

Keim v. United States

33 Ct. Cl. 174 · United States Court of Claims · Jan 3, 1898

But if not, the facts requested by the claimant and refused to-be found by the court, though set out in extenso, because not deemed relevant to the issue, clearly do. … establish the claimant’s efficiency as a clerk, and that being so, he must have been “equally qualified” as matter of fact with those so retained.

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.