Case law
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United States Court of Federal Claims · Oct 23, 2019
Once a plaintiff seeks relief from a military corrections board, the plaintiff must demonstrate that the board’s decision was arbitrary, capricious, contrary to law, or unsupported by substantial evidence. Barnick v. … Bernard v. United States, 59 Fed. Cl. 497, 501 (2004) (quoting Hary v. United States, 223 Ct. Cl. 10, 17 (1980)); Myers v. United States, 50 Fed. Cl. 675, 689 (2001).
Cited 0 timesPublishedNorfolk Dredging Co. v. United States
58 Fed. Cl. 167 · United States Court of Federal Claims · Oct 14, 2003
Warren Corp. v. … Ron Pair Enters., Inc., 489 U.S. 235, 242 , 109 S.Ct. 1026 , 103 L.Ed.2d 290 (1989), or 2) if the construction would produce an absurd result, Commissioner v. Brown, 380 U.S. at 571-72 , 85 S.Ct. 1162 ; see also Reid v.
Cited 4 timesPublishedCross Petroleum, Inc. v. United States
57 Fed. Cl. 34 · United States Court of Federal Claims · Jun 20, 2003
In Cross Petroleum, Inc. v. … Co., Aerospace Group v.
Cited 0 timesPublishedInternational Federation of Professional & Technical Engineers, Local 1 v. United States
111 Fed. Cl. 175 · United States Court of Federal Claims · May 28, 2013
Brown v. Va. Advent Christian Conference, 76 S.E.2d 240, 242 (1953); see Jeffress v. Titius, 756 F. Supp. 255, 257 (W.D. Va. 1990) (citing Brown, 76 S.E.2d at 242), aff’d, 925 F.2d 1456 (4th Cir. 1991); see also Liu v. … See Brown, 76 S.E.2d at 242. 6 B.
Cited 3 timesPublishedUnited States Court of Federal Claims · Nov 8, 2017
Def.’s Mot. at 23 quoting Brown v. Eoff, 271 Or. 7, 10–11 (1975). … Dority v. Hiller, 162 Or. App. 353, 357 (1999) (citing Brown, 271 Or. at 11).
Cited 0 timesPublished50 Fed. Cl. 500 · United States Court of Federal Claims · Oct 17, 2001
The Board ruled that review of plaintiffs claims was not within its grant of authority, and hence dismissed his petition for lack of jurisdiction. Mudge v. Dep’t of Transp., Nos. … King v. St.
Cited 10 timesPublishedNorfolk Dredging Co. v. United States
58 Fed. Cl. 741 · United States Court of Federal Claims · Nov 26, 2003
Warren Corp. v. … Ron Pair Enters., Inc., 489 U.S. 235, 242 , 109 S.Ct. 1026 , 103 L.Ed.2d 290 (1989), or 2) if the construction would produce an absurd result, Commissioner v. Brown, 380 U.S. at 571-72 , 85 S.Ct. 1162 ; see also Reid v.
Cited 2 timesPublished61 Fed. Cl. 322 · United States Court of Federal Claims · Jun 23, 2004
See Rohmann v. United States, 25 Cl.Ct. 274, 277 (1992). … Judge Scholl does not have the right, under the CSRA, to appeal his non-appointment to the Merit Systems Protection Board (Board).
Cited 5 timesPublishedCopenhaver ex rel. Copenhaver v. Secretary of Health & Human Services
129 Fed. Cl. 176 · United States Court of Federal Claims · Oct 5, 2016
MeCusker may not be an expert in the field of neuropa-thology, she is a board certified pediatrician. Resp. Ex. D at 3. Special Master Moran determined that “[a]s a board certified pediatrician, Dr. … She is board certified in pediatrics. Id. at 3. . James J. Filiano and Hannah C.
Cited 50 timesPublishedUnited States Court of Federal Claims · Jan 9, 2017
Davis v. … In Akers v.
Cited 0 timesPublished43 Fed. Cl. 276 · United States Court of Federal Claims · Mar 16, 1999
Patsy v. Board of Regents of Florida, 457 U.S. at 502 n. 4, 102 S.Ct. 2557 . … See Renegotiation Board v. Bannercraft Clothing Co., Inc., 415 U.S. 1, 24 , 94 S.Ct. 1028 , 39 L.Ed.2d 123 (1974).
Cited 1 timesPublishedAntarctic Support Associates v. United States
46 Fed. Cl. 145 · United States Court of Federal Claims · Jan 28, 2000
See e-mail from Bart Bridwell to Charles Brown, 4/5/99, Hardy Depo. Ex. 15. … See Cubic Applications, Inc. v.
Cited 11 timesPublishedKirell Taylor v. United States
113 Fed. Cl. 171 · United States Court of Federal Claims · Oct 25, 2013
Hampel v. United States, 97 Fed. Cl. 235, 237 (2011) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). … Brown v. United States, 105 F.3d 621, 623 (Fed. Cir. 1997). Thus, the Court does not have jurisdiction to hear Mr. Taylor’s claims alleging racial discrimination and civil rights violations.
Cited 27 timesPublished34 Fed. Cl. 246 · United States Court of Federal Claims · Sep 28, 1995
The concept of divorce from bed and board appears to be well settled in North Carolina, and North Carolina State and Appellate Courts have adopted the following approach: A divorce from bed and board is nothing more than … In Barber v.
Cited 7 timesPublishedUnited States Court of Federal Claims · Jun 16, 2021
Evelyn Kitay, Associate General Counsel, United States Surface Transportation Board, Washington, DC, of counsel. OPINION CAMPBELL-SMITH, Judge. … See also Brown v. Weare, 152 S.W.2d 649, 653-54 (Mo. 1941) (holding that a deed exchanged for nominal consideration is a “voluntary grant” under Missouri law); MO. ANN.
Cited 0 timesPublishedSufi Network Services, Inc. v. United States
113 Fed. Cl. 140 · United States Court of Federal Claims · Oct 16, 2013
Kontrick v. Ryan, 540 U.S. 443, 459 (2004). … Claybrook’s hours and a 30 percent across- the-board reduction.” Id. None of these objections is persuasive.
Cited 4 timesPublishedFirst Annapolis Bancorp, Inc. v. United States
54 Fed. Cl. 529 · United States Court of Federal Claims · Nov 27, 2002
The starting point is the passage of three statutes during the Great Depression, intended to stabilize the savings and loan industry: The Federal Home Loan Bank Act created the Federal Home Loan Bank Board (Bank Board), which … (FHLBB or Bank Board).”
Cited 12 timesPublishedGruber ex rel. Gruber v. Secretary of Health & Human Services
91 Fed. Cl. 773 · United States Court of Federal Claims · Feb 25, 2010
(reduced compensation for travel time), cert. denied, 464 U.S. 994 , 104 S.Ct. 489 , 78 L.Ed.2d 684 (1983); and Thomas v. Board of Education, 505 F.Supp. 102, 104 (N.D.N.Y.1981) (no compensation for travel time). … The statute, 5 U.S.C. § 7701 (g)(1), provides that "the [Merit Systems Protection Board], or an administrative law judge or other employee of the Board designated to hear a case, may require payment by the agency involved
Cited 130 timesPublishedDigital Technologies, Inc. v. United States
89 Fed. Cl. 711 · United States Court of Federal Claims · Dec 9, 2009
The Board concluded that CCI’s claim was “rooted squarely in [a] contractual promise,” and fell within the Board’s Contract Disputes Act breach jurisdiction. Id. at 157,786 , 2002 WL 1788535 . … . *735 Travel Centre v. Barram, 236 F.3d 1316, 1319 (Fed.Cir.2001) (citations omitted). This issue was addressed, and the analysis taken to the next step, by the Armed Services Board of Contract Appeals in CCI.
Cited 14 timesPublishedFaoro v. Secretary of Health & Human Services
128 Fed. Cl. 61 · United States Court of Federal Claims · Apr 11, 2016
She is board-certified by the American Board of Pediatrics and the American Board of Medical Genetics, with subspecialties in clinical genetics and clinical biochemical genetics. … He is an attending physician at a number of hospitals and is board-certified in neurology and neurophysiology. Id.
Cited 19 timesPublished
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