Case law

Fauvergue v. United States

85 Fed. Cl. 50 · United States Court of Federal Claims · Dec 11, 2008

Sand & Gmvel resolved a jurisprudential debate by issuing a definitive ruling that, as a jurisdictional statute of limitations, § 2501 is immune from equitable doctrine and “not susceptible to equitable tolling.” 128 S.Ct … The court qualified its holding in the following footnote: Because we hold that the FDIC’s complaint relates back to Barron’s original complaint, we need not reach the issues of whether the statute of limitations [§ 2501]

Rivera Agredano v. United States

70 Fed. Cl. 564 · United States Court of Federal Claims · Mar 27, 2006

Rivera’s car falls far short of showing that he qualified for the exceptional privilege of third-party bene *578 ficiary status.” Def.’s Mot. at 21. … “The intended beneficiary need not be specif-ieally or individually identified in the contract, but must fall within a class clearly intended to be benefitted thereby.” Montana, 124 F.3d at 1273 .

Stephens v. United States

United States Court of Federal Claims · Mar 29, 2023

Despite Plaintiff’s characterization, the exhibit clearly reflects that Plaintiff sent her correspondence to TTCU Federal Credit Union rather than to Defendant. … The Tucker Act serves as a waiver of sovereign immunity for “certain claims for monetary relief against the United States,” but it does not create a right to relief itself. Estes Express Lines v.

Rcf Information Systems, Inc. v. United States

United States Court of Federal Claims · Sep 19, 2018

Although the Tucker Act explicitly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.” … In conclusion, along with its inability to demonstrate that an undisclosed mandatory minimum existed, plaintiff cannot establish that such a requirement would have prejudiced RCF in any way. C.

Energy Capital Corp. v. United States

60 Fed. Cl. 315 · United States Court of Federal Claims · Mar 19, 2004

This Court has clearly ruled that the two allegations in question, if proven, constitute bad faith on behalf of the Government. … Fact Concerts, Inc., 453 U.S. 247 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 , the Second Circuit held that states were immune from the latter, but not the former, despite the “punitive and deterrent flavor” of fee awards for bad

Fantini v. Secretary of Health and Human Services

United States Court of Federal Claims · May 31, 2022

Petitioner did not even discuss the innate immune system, which is arguably the aspect of the immune response associated with an overproduction of cytokines. … Ganjian proposed that Petitioner’s tinnitus was “likely immune mediated and related to vaccination.”

Wertz v. United States

51 Fed. Cl. 443 · United States Court of Federal Claims · Jan 9, 2002

Those limitations represent conditions on Congress’s waiver of sovereign immunity, see Kidde, 40 Fed.Cl. at 63 , and a putative refund claim filed in derogation thereof is essentially a nullity. … In these circumstances, equitable estoppel clearly does not lie. See Moore v. United States, 48 Fed.Cl. 394 , 401 n. 11 (2000). III.

Concept Automation, Inc. v. United States

42 Cont. Cas. Fed. 77,348 · United States Court of Federal Claims · Jul 23, 1998

Defendant argues that the United States has not waived its sovereign immunity with respect to “such damages,” and then states that “plaintiffs have identified no waiver of sovereign immunity with respect to its litigation … In this case, the bidder would be entitled to any costs that could qualify under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d)(1)(A) (1994) 3 ; any bid proposal (or preparation) *365 costs would be recovered

Small v. United States

37 Fed. Cl. 149 · United States Court of Federal Claims · Jan 15, 1997

In fact, the regulation allows indorsement chains to be established “by supplement to this regulation or by common usage in the unit.” AFR 36-10 1Í 2-23b. … for promotion and among the best qualified for promotion.

Rolshoven v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2018

Id. 17 Cytokine is a term for nonantibody proteins that act as intercellular mediators during an immune response. … He cares for adults and children with immune-mediated neurological diseases. Ex. A at 1; Tr. at 156-57.

Pacific National Cellular v. United States

41 Fed. Cl. 20 · United States Court of Federal Claims · Apr 28, 1998

Moreover, a waiver of the traditional sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. … The making of such inherently contradictory claims, however, does not establish that if one is rejected the other is necessarily justified. Rains v.

King v. United States

81 Fed. Cl. 766 · United States Court of Federal Claims · May 15, 2008

The Tucker Act “constitutes a waiver of sovereign immunity with regard to claims over which the Court of Federal Claims had jurisdiction,” but “the Tucker Act alone ‘does not create any substantive right enforceable against … In In re United States, the Federal Circuit held that a statute “clearly is a money-mandating statute, ...

International Business Machines Corp. v. United States

38 Fed. Cl. 661 · United States Court of Federal Claims · Aug 8, 1997

Gleeson]: Clearly more certain. Q [By Mr. … Plaintiff has not established that, given the operation of IRPEG, ILOR as applied to resident and nonresident corporations with permanent establishments qualifies as an income tax otherwise generally imposed.

Northeast Savings v. United States

63 Fed. Cl. 507 · United States Court of Federal Claims · Jan 25, 2005

Such consideration was clearly exchanged here. Both Freedom Federal and First Federal were experiencing severe financial difficulty. … Consideration was, therefore, clearly bargained for and exchanged.

Cordova v. United States

United States Court of Federal Claims · Oct 9, 2015

Although plaintiff asserts, with respect to General Sevier's property, "that the title and right to his purchased lands were clearly proven," plaintiffs complaint does not allege that General Sevier or his sons ever made … John Sevier" and the "duly appointed and qualified administratrix de bonis non of the estates of Gen. John Sevier and of John Sevier, jr." lit at 2. Ms. Humphreys alleged the same four claims as Mr.

R.K. v. the Secretary of Health and Human Services

United States Court of Federal Claims · May 23, 2016

Respondent’s position in this case is not “clearly inconsistent” with her position in Poling. … Shafrir’s general umbrage at the idea that any “official” immunization record could even be thought to exist. Doctor Shafrir was obviously disdainful of Dr.

Federal Air Marshals(Fam) Fam 1 v. United States

84 Fed. Cl. 585 · United States Court of Federal Claims · Nov 5, 2008

(b) Defendant has adopted a qualifying work period Because we have determined that plaintiffs are in law enforcement, we must consider whether the TSA has adopted a qualifying work period of “at least 7 but less than 28 days … Here, defendant argues that the TSA established a seven-day administrative workweek for FAMs, and has therefore established a § 207(k) work period.

Murakami v. United States

46 Fed. Cl. 731 · United States Court of Federal Claims · May 31, 2000

This court has previously held that this provision applies to the instant case, both granting jurisdiction and waiving sovereign immunity as to plaintiffs complaint. See Murakami v. … Various documents contained in the supplemental materials clearly pertain to this new legal theory.

Commonwealth Edison Co. v. United States

46 Fed. Cl. 158 · United States Court of Federal Claims · Feb 28, 2000

This is clearly not what this court stated, as evidenced by its use of the qualifying term “fully recognized” (rather than, as plaintiff states, “unaware”) and by the statement earlier in the opinion that: “[i]n the late … Contrary to plaintiff’s claim, it is well-established that a court need not accept as true allegations contained in a complaint that are contradicted by matters on which the court may take judicial notice, such as legislative'facts

Caldwell v. United States

57 Fed. Cl. 193 · United States Court of Federal Claims · Jun 30, 2003

The railroad and the qualified trail group entered into a Trail Use Agreement approximately five months after the ICC issued the NITU. … However, plaintiffs’ argument cannot overcome the established case law discussed above.