Case law
Opinions from 1658 to today.
6,911 results
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Mola Development Corp. v. United States
74 Fed. Cl. 528 · United States Court of Federal Claims · Dec 14, 2006
Bank v. … In Castle v.
Cited 2 timesPublished81 Fed. Cl. 766 · United States Court of Federal Claims · May 15, 2008
(Reynolds), 846 F.2d 746, 748 (Fed.Cir.1988) (citing Zunamon v. Brown, 418 F.2d 883, 886 (8th Cir.1969); McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936)); Garrett v. … Id.; see also Doe v.
Cited 25 timesPublished95 Fed. Cl. 243 · United States Court of Federal Claims · Nov 10, 2010
Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988) (citing Zunamon v. Brown, 418 F.2d 883, 886 (8th Cir.1969)). … Brown v. United States, 105 F.3d 621, 623 (Fed.Cir.1997). Plaintiffs constitutional, tort and criminal claims fall outside of that limited jurisdiction. 1.
Cited 25 timesPublishedUnited States Court of Federal Claims · Mar 15, 2022
RCFC 12(b)(1), (h)(3); see Steel Co. v. … See Fisher, 364 F.3d at 1379. 7 accepted rule” is that accrual occurs when “the appropriate board either finally denies such a claim or refuses to hear it.” Real v.
Cited 0 timesPublishedFp-Faa Seattle, LLC v. United States
124 Fed. Cl. 236 · United States Court of Federal Claims · Nov 30, 2015
. § 3551; v. … Co. v. United States, 645 F.3d 1377, 1386 (Fed.
Cited 1 timesPublished27 Fed. Cl. 357 · United States Court of Federal Claims · Dec 23, 1992
Arens v. United States, 969 F.2d 1034, 1037 (Fed.Cir.1992); Jones v. United States, 7 Cl.Ct. 673, 679 (1985); Sanders v. United States, 219 Ct.Cl. 285, 301-02 , 594 F.2d 804 (1979). … Giglio v. United States, 17 Cl.Ct. 160, 166 (1989); Keef v. United States, 185 Ct.Cl. 454, 463 (1968).
Cited 8 timesPublishedChristopher W. Caldbeck v. United States
109 Fed. Cl. 519 · United States Court of Federal Claims · Feb 28, 2013
See Martinez v. United States, 333 F.3d 1295, 1304 (Fed. Cir. 2003) (“[T]he failure to seek relief from a correction board . . . does not prevent the plaintiff from suing immediately[.]”); see also Richey v. … Id. at 1363 (citing Doyle v. United States, 599 F.2d 984, 995 (Ct. Cl. 1979)). Improper Board composition, however, will not necessarily void the Board’s judgment. See Sargisson, 913 F.2d 918.
Cited 3 timesPublishedStockton East Water District v. United States
70 Fed. Cl. 515 · United States Court of Federal Claims · Apr 10, 2006
The relevant state water-control entity is the California State Water Resources Control Board (the “State Water Control Board” or the “Water Control Board”). … “[T]he Board, in effect, said to [Reclamation], ‘Show us your contracts and your ability to deliver the water and it may be available to you.’ ” United States v. Cal. State Water Res.
Cited 17 timesPublished52 Fed. Cl. 105 · United States Court of Federal Claims · Mar 13, 2002
United States Office of Special Counsel, Merit Systems Protection Board: Authorization, Pub.L. No. 103-424, § 9 (c), 108 Stat. 4361 , 4366 (1994) (the 1994 amendment). … FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 , 120 S.Ct. 1291 , 146 L.Ed.2d 121 (2000) (internal citations omitted).
Cited 14 timesPublishedShoshone Indian Tribe of the Wind River Reservation v. United States
52 Fed. Cl. 614 · United States Court of Federal Claims · Jun 6, 2002
See, e.g., Navajo Nation v. United States, 263 F.3d 1325, 1328-1331 (2001); see also White Mountain Apache Tribe, 249 F.3d 1364, 1373-1377 . The court believes, however, that the Tribes properly rely on Brown v. … Co. v. Brown, 307 F.2d 306, 308-09 (5th Cir.1962) (quoting Olson v.
Cited 7 timesPublishedUnited States Court of Federal Claims · Nov 30, 2022
Board without a hearing.” … Reale v. United States, 208 Ct. Cl. 1010, 1011 (1976). “[W]hen a correction board fails to correct an injustice clearly presented in the record before it, it is acting in violation of its mandate.” Roth v.
Cited 0 timesPublishedAmerican Renovation & Construction Co. v. United States
77 Fed. Cl. 97 · United States Court of Federal Claims · Jun 5, 2007
Co. v. … This court has the broad discretion in deciding whether to transfer a case to an agency board. Joseph Morton Co. v. United States, 757 F.2d 1273, 1280 (Fed.Cir.1985).
Cited 2 timesPublished33 Fed. Cl. 560 · United States Court of Federal Claims · Jun 14, 1995
In United States v. … Olin Jones Sand Co. v. United States, 225 Ct.Cl. 741 , 744, 1980 WL 13211 (1980); Northern Helex Co. v.
Cited 2 timesPublished84 Fed. Cl. 66 · United States Court of Federal Claims · May 6, 2008
For example, where the Board has jurisdiction over a claim, this court has held that the Claims Court does not. See McClary v. … As previously discussed, the Board has no jurisdiction over Worthington’s underlying claim and therefore, per Spezzaferro [v.
Cited 1 timesPublishedUnited States Court of Federal Claims · Dec 16, 2019
(quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000))). … Cir. 1994) (holding that a Board decision is required to vest the CAVC with jurisdiction over a claimant’s appeal); Ledford v. West, 136 F.3d 776, 779 (Fed.
Cited 0 timesPublishedValles-Prieto v. United States
United States Court of Federal Claims · Apr 27, 2022
Fisher v. United States, 402 F.3d 1167, 1172 (Fed. Cir. 2005) (en banc in relevant part). The Court reviews decisions of military correction boards based upon the administrative record. Walls v. … Pertinent to a determination of plaintiff’s unfitness, the Board should have considered this information. See Hassay v. United States, 150 Fed.
Cited 0 timesPublishedRosa D. Bonewell v. United States
111 Fed. Cl. 129 · United States Court of Federal Claims · May 29, 2013
See Walls v. United States, 582 F.3d 1358, 1368 (Fed. Cir. 2009) (indicating that “review of a military corrections board is limited to the administrative record”). … Corp. v. United States, 56 Fed.
Cited 6 timesPublishedUnited States Court of Federal Claims · Apr 25, 2019
In several instances, our court has remanded matters to military corrections or review boards for periods ranging from 90 to 120 days. See, e.g., Wollman v. United States, 108 Fed. … Cl. 656, 675 (2013) (90 days); Boyle v. United States, 101 Fed. Cl. 592, 604 (2011) (90 days); Johnson v. United States, 93 Fed. Cl. 666, 669 (2010) (90 days); Doe v.
Cited 0 timesPublished129 Fed. Cl. 301 · United States Court of Federal Claims · Nov 16, 2016
Lewis v. United States, 458 F.3d 1372, 1376 (Fed. Cir. 2006). As long as the board's decision was reasonable and based upon substantial evidence, this Court will not disturb the result. Wronke v. … Randolph subsequently requested reconsideration, the board notified him that there was no new evidence that would substantially effect the board's decision. AR 6, 15.
Cited 1 timesPublished61 Fed. Cl. 631 · United States Court of Federal Claims · Aug 20, 2004
Conley v. … Maher v.
Cited 4 timesPublished
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