Case law
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115 Fed. Cl. 335 · United States Court of Federal Claims · Apr 4, 2014
On the same day, April 2, 2013, the Source Selection Evaluation Board stated that it had reached a consensus that “[a]ll Offerors response [sic] confirmed their 25 It is unclear if the Source Selection Board reviewed Mr … Moreover, as indicated above, the Source Selection Evaluation Board may not have read Mr.
Cited 16 timesPublished103 Fed. Cl. 408 · United States Court of Federal Claims · Feb 14, 2012
The court does not, however, serve as a “super correction board.” Van Cleave v. United States, 70 Fed.Cl. 674, 678 (2006) (citing Skinner v. United States, 594 F.2d 824, 829 (Ct.Cl.1979)). … Additionally, plaintiff “must also overcome the presumption of regularity which attaches to the actions of’ a military review board. Boyer v. United States, 81 Fed.Cl. 188, 191 (2008). III.
Cited 3 timesPublishedAmerican Federal Bank, FSB v. United States
68 Fed. Cl. 346 · United States Court of Federal Claims · Oct 31, 2005
LaSalle Talman Bank, F.S.B. v. United States, 317 F.3d 1363, 1371 (Fed.Cir.2003) (citing United States v. … Bank, FSB v.
Cited 4 timesPublishedColonna's Shipyard, Inc. v. United States
United States Court of Federal Claims · Jan 24, 2020
Co. v. United States, 5 Cl. Ct. 245, 247 (1984). See also Joseph Morton Co. v. United States, 757 F.2d 1273, 1280 (Fed. … In the court’s view, the presentation of relevant factors in Precision Pine & Timber, Inc. v. United States, 45 Fed.
Cited 0 timesPublished67 Fed. Cl. 542 · United States Court of Federal Claims · Aug 31, 2005
See, e.g., Brown v. … See, e.g., Brown v. Weare, 348 Mo. 135 , 152 S.W.2d 649 (1941); Jordan v. Stallings, 911 S.W.2d 653, 658 (Mo.Ct.App.1995).
Cited 3 timesPublishedUnited States Court of Federal Claims · Aug 30, 2018
Fisher v. United Stares, 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. … As defendant notes, once plaintiff appealed to the Board, its decision became part of the Administrative Record, and the Court cannot ignore the Board’s decision D’s Reply at 2 (citing Metz v.
Cited 0 timesPublished42 Fed. Cl. 788 · United States Court of Federal Claims · Jan 27, 1999
The matter is presently before the court on the plaintiffs’ motion for partial summary *789 judgment with respect to Brown Placer Mining Claims numbers nine through twelve (“Claims nine through twelve”). … The background facts are discussed in Cook v. United States, 37 Fed.Cl. 435, 436-38 (1997), and are briefly summarized and supplemented here.
Cited 5 timesPublishedUnited States Court of Federal Claims · Apr 18, 2018
's Mot. for Judgment on the Administrative ("Alford IV"), appeal dismissed sub nom., Alford v. Mabus, 575 Fed. Appx. 170 (4th Cir. 2014) (per curiam) ("Alford V''); Alford v. … And "(s]o long as the Board considered the relevant evidence and came to a reasonable conclusion, this court will not disturb the Board's decision." Riser v. United States, 97 Fed.
Cited 0 timesPublished91 Fed. Cl. 762 · United States Court of Federal Claims · Feb 23, 2010
Brown v. United States, 88 Fed.Cl. 795, 798 (2009). … See 28 U.S.C. § 1346 (b)(1); see also Brown v.
Cited 9 timesPublishedPines Residential Treatment Center, Inc. v. United States
64 Fed. Cl. 307 · United States Court of Federal Claims · Feb 24, 2005
Morris v. United States, 33 Fed. Cl. 733, 741 (1995) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974)); see also Reynolds v. Army and Air Force Exch. … Bobula, 970 F.2d at 858 ; see also Griswold v.
Cited 4 timesPublishedImpresa Construzioni Geom. Domenico Garufi v. United States
100 Fed. Cl. 750 · United States Court of Federal Claims · Sep 30, 2011
However, EAJA "authorizes recovery of agent fees only in agency, not court, proceedings," Cook v. Brown, 68 F.3d 447, 451 (Fed.Cir.1995). . … Bowen, 824 F.2d 182, 183 (1987), other courts have treated cases as a whole, see Curtis v. Brown (Brown), 8 Vet.App. 104, 108 (1995) (relying on Comm'r, I.N.S. v.
Cited 25 timesPublishedAltair Global Credit Opportunities Fund (A), LLC v. United States
United States Court of Federal Claims · Jul 13, 2018
See Dorr v. … No. 2159 (Oversight Board), 2169 (Aurelius); UTIER v. PREPA, Adv. Proc. No. 17-bk-228, Dkt. No. 107 (UTIER).
Cited 0 timesPublishedUnited States Court of Federal Claims · Jan 19, 2016
Mr. ogunniyi's motion to reconsider generally repeats his previous filings and submissions to this court and also to the Armed Services Board of contract Appeals (ASBCA), including tort claims, the same breach of contract … United States, 508 U.S. 200, 214 (1993)', Rick's Mushroom Serv.. lnc. v. United States, 521 F.3d at 1343; Alves v. United States, 133 F.3d 1454, 1459 (Fed. Cir. 1998); Brown v.
Cited 0 timesPublishedLabounty v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 5, 2021
Hanbing Zhou and Michael Brown with bilateral shoulder pain, left worse than right. Ex. 4 at 24. … Kinsbourne completed post-doctoral training in neurology and pediatrics and is Board Certified in Pediatrics. See id. Dr.
Cited 0 timesPublished38 Fed. Cl. 532 · United States Court of Federal Claims · Jul 30, 1997
The present case is similar to McEniry v. … Austin v. United States, 206 Ct.Cl. at 723 .
Cited 26 timesPublished84 Fed. Cl. 472 · United States Court of Federal Claims · Oct 31, 2008
See Todd v. … See Doe v.
Cited 0 timesPublished93 Fed. Cl. 666 · United States Court of Federal Claims · Jul 16, 2010
This Court presumes that correction boards “fulfill their statutory responsibilities in an admirable way.” Skinner v. United States, 219 Ct.Cl. 322 , 594 F.2d 824, 830 (Ct.Cl.1979). … A correction board must “examine relevant data and articulate a satisfactory explanation for [its] decisions.” See Van Cleave v. United States, 66 Fed.Cl. 133, 136 (2005) (citing Yagjian v.
Cited 7 timesPublishedHometown Financial, Inc. v. United States
60 Fed. Cl. 513 · United States Court of Federal Claims · Apr 29, 2004
United States, 49 Fed.Cl. 110, 140 (2001), aff'd, 36 Fed.Appx. 452 (Fed.Cir. 2002) (citing Alliant Techsystems, Inc. v. United States, 178 F.3d 1260, 1276 (Fed.Cir. 1999); Malone v. … Corp. v. United States, 57 Fed.Cl. 418 (2003), is misplaced.
Cited 4 timesPublished126 Fed. Cl. 64 · United States Court of Federal Claims · Mar 11, 2016
The City of Arthur Park Board and the City of Hunter Park Board (“the Park Boards”) subsequently filed a petition with the STB indicating that they were willing to assume financial responsibility under the Trails Act. … Rutten v. Wood, 57 N.W.2d 112, 113 (N.D. 1953); Lalim v. Williams County, 105 N.W. 2d 339, 345 (N.D. 1960).
Cited 0 timesPublishedUnited States Court of Federal Claims · Feb 15, 2022
Rahman v. United States, 149 Fed. Cl. 685, 690 (2020). Here, the government requests a remand for the Board to address several specific concerns about its decision. … Florida Power & Light Co. v. Lorion, 470 U.S. 729, 744 (1985); see also, e.g., Nyan v. United States, 154 Fed. Cl. 463, 467 (2021) (citing I.N.S. v. Orlando Ventura, 537 U.S. 12, 16–17 (2002), and Strand v.
Cited 0 timesPublished
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