Case law

Opinions from 1658 to today.

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  • Holland v. United States

    75 Fed. Cl. 483 · United States Court of Federal Claims · Feb 20, 2007

    The Assistance Agreement further stated that “[f]or purposes of reports to the Bank Board ... and all Bank Board regulations applicable to River Valley, Eight Million Dollars ($8,000,000) of the cash contributions made under … The Assistance Agreement also provided that: For purposes of reports to the Bank Board ... and all Bank Board regulations applicable to the ACQUIRING ASSOCIATION, $5,000,000 of the cash contribution made under this § 6(a)

    Cited 5 timesPublished
  • Bannum, Inc. v. United States

    118 Fed. Cl. 139 · United States Court of Federal Claims · Sep 10, 2014

    The Board approved Bannum’s requested special exception at the Board’s June 11, 2013 meeting. Compl. ¶ 8; AR at 808-09, 824. … V.

    Cited 1 timesPublished
  • Myrick v. United States

    84 Fed. Cl. 472 · United States Court of Federal Claims · Oct 31, 2008

    See Todd v. … See Doe v.

    Cited 0 timesPublished
  • Perkin-Elmer Corp. v. United States

    47 Fed. Cl. 672 · United States Court of Federal Claims · Sep 26, 2000

    See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Mingus Constructors, Inc. v. United States, 812 F.2d 1387, 1390 (Fed.Cir.1987). … Spandome Corp. v. United States, 32 Fed.Cl. 626, 630 (1995) (citing United Techs. Corp. v. United States, 27 Fed.Cl. 393, 398 (1992)).

    Cited 2 timesPublished
  • Siemietkowski v. United States

    86 Fed. Cl. 193 · United States Court of Federal Claims · Feb 25, 2009

    Chambers v. United States, 417 F.3d 1218, 1227 (Fed.Cir.2005) (citing Haselrig v. United States, 333 F.3d 1354, 1355 (Fed.Cir.2003)). The focal point of the review is the administrative record as presented to the board. … United States v.

    Cited 8 timesPublished
  • Comprehensive Health Services, Inc. v. United States

    70 Fed. Cl. 700 · United States Court of Federal Claims · May 31, 2006

    Co. v. … Eng’rs v.

    Cited 10 timesPublished
  • Hernandez v. United States

    38 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 timesPublished
  • Nicely v. United States

    United States Court of Federal Claims · Mar 27, 2020

    Sand & Gravel Co. v. … In reviewing the determinations of a military corrections board, a plaintiff must demonstrate “by cogent and clearly convincing evidence,” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.

    Cited 0 timesPublished
  • Poole v. United States

    88 Fed. Cl. 748 · United States Court of Federal Claims · Dec 15, 2008

    Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.Cir.1986). This court “will not disturb the decision of the corrections board unless it is arbitrary, capricious, contrary to law, or unsupported by substantial evidence.” … .”); Kirwin v. United States, 23 Cl.Ct. 497, 502 (1991) (same); de Cicco v. United States, 230 Ct.Cl. 224 , 677 F.2d 66 , (1982) (same). “Thus, the burden of overturning a military board decision is a heavy one.”

    Cited 1 timesPublished
  • Ridenour v. United States

    44 Fed. Cl. 202 · United States Court of Federal Claims · Jun 15, 1999

    See Doe v. … See Dayley v.

    Cited 6 timesPublished
  • Davidson v. United States

    66 Fed. Cl. 206 · United States Court of Federal Claims · Jun 30, 2005

    See Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449 , 1457 (Fed.Cir. 1997). Such is the case with Mrs. … Ltd. v. United States, 133 F.3d 874, 879 (Fed.Cir. *210 1998); Brown Park, 127 F.3d at 1450-52. However, she chose not to do so.

    Cited 3 timesPublished
  • Associated Electric Cooperative, Inc. v. United States

    42 Fed. Cl. 867 · United States Court of Federal Claims · Feb 5, 1999

    In Social Security Board v. … See, e.g., Mayberry v. United States, 151 F.3d 855, 860 (8th Cir.1998); Hemelt v. United States, 122 F.3d 204, 209 (4th Cir.1997); Lane Processing Trust v. United States, 25 F.3d 662, 665 (8th Cir.1994).

    Cited 4 timesPublished
  • Admiral Financial Corp. v. United States

    57 Fed. Cl. 418 · United States Court of Federal Claims · Jul 31, 2003

    Bank v. United States, 245 F.3d 1342, 1345 (Fed.Cir. 2001). … V.

    Cited 10 timesPublished
  • Lewis v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 30, 2020

    See Brown v. Sec’y of Dep’t of Health & Human Servs., No. 09-426V, 2012 WL 952268, at *10 (Fed. Cl. Spec. Mstr. … Djalilian is board-certified in otolaryngology and neurotology. Although acknowledging that Dr.

    Cited 0 timesPublished
  • Albino v. United States

    104 Fed. Cl. 801 · United States Court of Federal Claims · May 31, 2012

    A promotion board ultimately has discretion to decide whether to promote or not promote plaintiff: *817 A board may not recommend an officer for promotion unless a majority of the members of that board, after consideration … Decisions of boards for correction of military records are subject to review under the APA. See Frizelle v. Slater, 111 F.3d 172, 176 (D.C.Cir.1997).

    Cited 12 timesPublished
  • Flowers v. United States

    75 Fed. Cl. 615 · United States Court of Federal Claims · Mar 1, 2007

    In May 2002, plaintiff filed an application for correction of his military records with the Army Board for Correction of Military Records (“ABCMR” or “Correction Board”). Id. at 578-908. … Brown v. Miss. Valley State Univ., 311 F.3d 328 , 333 n. 5 (5th Cir.2002); see also Price ex rel. Price v. W. Res., Inc., 232 F.3d 779, 783 (10th Cir. 2000) (“Rule 56(f) does not operate automatically.

    Cited 21 timesPublished
  • Microdyne Outsourcing, Inc. v. United States

    72 Fed. Cl. 230 · United States Court of Federal Claims · Aug 11, 2006

    Intervenors rely on United States v. Int’l Bus. Mach. … This is not a mere technicality; *234 it is the predicate of the board’s right to intervene in governmental procurements.

    Cited 17 timesPublished
  • Holloway v. United States

    60 Fed. Cl. 254 · United States Court of Federal Claims · Apr 6, 2004

    Judge Brown clearly stated that “plaintiff can refile in the [Court of Federal Claims], without penalty, should she choose to do so.” Id. at 38. … P’ship v.

    Cited 16 timesPublished
  • Scott Timber Co. v. United States

    65 Fed. Cl. 131 · United States Court of Federal Claims · Apr 14, 2005

    Bishop v. United States, 26 Cl.Ct. 281, 286 (1992) (quoting Circle K Corp. v. United States, 23 Cl.Ct. 659, 664-65 (1991)). … As articulated by the Court of Claims in John Reiner & Co. v.

    Cited 1 timesPublished
  • Gonzales v. United States

    United States Court of Federal Claims · Jun 17, 2022

    Johnson v. United States, 97 Fed. Cl. 267, 270 (2011) (“In reviewing a correction board’s decision, the Court does not sit as ‘a super correction board.’”) (citing Skinner v. United States, 594 F.2d 824, 830 (Ct. … See Consolo v. Fed. Mar. Comm’n, 383 U.S. 607, 620 (1966); Pope v. United States, 16 Cl.

    Cited 0 timesPublished

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