Case law

National Leased Housing Ass'n v. United States

32 Fed. Cl. 454 · United States Court of Federal Claims · Dec 21, 1994

It is a fundamental legal tenant that the United States as sovereign is immune from suit except where it consents to be sued and that any such waiver of sovereign immunity must be narrowly construed. United States v. … The Owner shall submit to the Government financial statements which clearly support the increase. d. Overall Limitation.

Narramore v. United States

30 Fed. Cl. 383 · United States Court of Federal Claims · Feb 1, 1994

Subsequently, the United States filed a motion for a new trial, stating that the *387 instruction quoted above viras “clearly an invasion of the province of the jury.” The motion was denied. … CONCLUSION The abandonment of Schedule A does not fall within the scope of the existing easement; thus, a claim based on this abandonment clearly qualifies as a “new claim.”

Stamps v. United States

73 Fed. Cl. 603 · United States Court of Federal Claims · Oct 26, 2006

. § 1915 (a)(1), in order to qualify for informa pauperis status, an applicant must file an affidavit which includes a statement of assets, a statement that the applicant is unable to pay such fees or provide security, the … A plaintiff must establish jurisdiction by a preponderance of the evidence. See Reynolds v. Army and Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988); Thomas v.

Sh Synergy, LLC. v. United States

United States Court of Federal Claims · Apr 28, 2023

SBA regulations establish the criteria firms must meet to qualify as either a protégé or mentor under the Mentor-Protégé Program. See 13 C.F.R. … Cir. 1994) (“[A] movant who clearly establishes the first factor receives the benefit of a presumption on the second [factor].”).

Crews v. United States

38 Fed. Cl. 10 · United States Court of Federal Claims · May 13, 1997

Moreover, based on established rules of statutory interpretation, this court must construe each part of a statute in connection with all the other sections, so as to produce a harmonious whole. Massachusetts v. … motion to proceed in forma pauperis at any time if the court determines that the action is frivolous or malicious; fails to state a claim upon which relief may be granted; or seeks monetary relief against a defendant who is immune

Weston v. United States

United States Court of Federal Claims · Sep 22, 2021

To invoke this court’s jurisdiction, plaintiff bears the burden of establishing by a preponderance of the evidence that her claims are based upon the Constitution, a statute, or a regulation that “can fairly be interpreted … Cir. 1994) (stating that the Internal Revenue Code “waives the United States’ sovereign immunity from refund suits, provided the taxpayer has previously filed a qualifying administrative refund claim”) (internal citation

Anchor Savings Bank v. United States

52 Fed. Cl. 406 · United States Court of Federal Claims · Apr 30, 2002

This indemnity provision is essentially what qualified the Peachtree/Crisp transaction as an “assisted” merger. … The Federal Circuit found that the “documentary evidence” established “this long-term amortization of goodwill was a central consideration in CalFed’s acquisitions ....

Vantage Associates, Inc. v. United States

59 Fed. Cl. 1 · United States Court of Federal Claims · Aug 7, 2003

The Navy’s solicitation listed two “qualified sources” for gray radomes, Vantage and Raytheon, and mentioned no other large or small business manufacturers. 2 Both of the qualified sources were required to pass detailed PLI … We qualified the design in 1986.

Statesman II Apartments, Inc. v. United States

66 Fed. Cl. 608 · United States Court of Federal Claims · Jul 20, 2005

United States, 536 U.S. 129, 141 , 122 S.Ct. 1993 , 153 L.Ed.2d 132 (2002) (“Once the United States waives its immunity and does business with its citizens, it does so much as a party never cloaked with immunity.”); United … The Owner shall submit to the Government financial statements which clearly support the increase.

Harvey v. United States

United States Court of Federal Claims · Aug 20, 2020

arbitrator shall be chosen at random, who is duly authorized, and in the event of any physical or mental incapacity to act as arbitrator, the Undersigned shall retain the authority to select any neutral(s)/arbitrator(s) that qualify … immunity waiver, we typically employ a “fair interpretation” test.

Ingenesis, Inc. v. United States

104 Fed. Cl. 43 · United States Court of Federal Claims · Mar 23, 2012

InGenesis Arora Staffing, *49 LLC, a joint venture in which plaintiff is a partner, no longer qualifies under the 621111 small business set aside limit, but it does qualify under the set aside allowed by 622110. … Code 621111 establishes three criteria.

Sims v. United States

125 Fed. Cl. 119 · United States Court of Federal Claims · Feb 3, 2016

Under the FAR, "the time for delivery or performance is an essential contract element and shall be clearly stated in solicitations." FAR§ 11.401. … To the contrary, JRS's reasons are clearly reflected in the record.

Floyd v. United States

125 Fed. Cl. 183 · United States Court of Federal Claims · Feb 24, 2016

The plaintiff cannot rely solely on allegations in the complaint, but must bring forth relevant, adequate proof to establish jurisdiction. See McNutt, 298 U.S. at 189. … "The United States, as sovereign, is immune from suit save as it consents to be sued." United States v. Sherwood,3i2 U.S. 534, 536 (1941). A waiver of immunity "cannot be implied but must be unequivocally expressed."

Agma Security Service, Inc. v. United States

United States Court of Federal Claims · Jun 26, 2022

Eligibility Requirements The EAJA statute also requires a party to meet certain eligibility requirements to qualify for EAJA compensation. … In any event, for EAJA purposes, it simply doesn’t matter what the Court’s ruling would have been, because that AGMA motion clearly was part of these “proceedings,” and therefore covered by EAJA. 28 U.S.C

Faulkenberry v. Secretary of Health and Human Services

United States Court of Federal Claims · May 14, 2025

In autoimmune diseases, the immune response goes awry attacking not only the foreign antigen but also the body’s own tissues. Id. at 12. … 2025, the parties shall file a joint status report indicating their agreement with the proposed redactions, attaching a copy of those pages of the Court’s ruling containing proposed redactions, with all proposed redactions clearly

Myles v. United States

United States Court of Federal Claims · Feb 19, 2021

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … Myles’s claims are clearly beyond the subject matter jurisdiction of this court or clearly fail as a matter of law. IT IS SO ORDERED. MARGARET M.

Walker v. United States

40 Fed. Cl. 666 · United States Court of Federal Claims · Apr 7, 1998

These Guard technicians are federal civil servants who, by federal statute, must maintain membership in the state Guard to remain qualified for federal employment. … plaintiff must demonstrate that his substantive right to recovery exists in some other provision of the Constitution, act of Congress, or executive department regulation, which specifically waives the Government’s sovereign immunity

Made in the USA Foundation v. United States

51 Fed. Cl. 252 · United States Court of Federal Claims · Dec 14, 2001

Under the Act, an express or implied contract with the Army and Air Force Exchange Service and Navy Exchanges qualifies as “an express or implied contract with the United States.” Id. … Although a request need not be specific, the claimant must establish objective facts demonstrating the request for a final decision. Plaintiffs fail to establish that the prerequisites of the CDA have been met.

Jg Technologies, LLC v. United States

United States Court of Federal Claims · Nov 10, 2021

The United States has waived its sovereign immunity for patent infringement claims brought under 28 U.S.C. § 1498(a). … Mar. 10, 2017) (“The mere existence of a contract . . . is not enough to establish that authorization or consent was granted, but rather, a plaintiff must show that the Defendant authorized the infringement . . . before immunity

Buckley v. United States

51 Fed. Cl. 174 · United States Court of Federal Claims · Dec 6, 2001

Buckley clearly meets the applicable statutory standard. … As DEA investigators, DIs are clearly in the law enforcement or firefighting field and the DEA is clearly an organization having a law enforcement mission.