Case law

Mudge v. United States

59 Fed. Cl. 527 · United States Court of Federal Claims · Jan 26, 2004

Mudge’s attempt to seek relief through his attorney from the Merit Systems Protection Board (“MSPB” or “Board”), was likewise unsuccessful. … The Board dismissed his claim, ruling that the pertinent regulations did not provide for a right of appeal to the Board. Supp. Stmt., Ex. 2 (MSPB decision, Nos.

ThermoCor, Inc. v. United States

40 Cont. Cas. Fed. 76,955 · United States Court of Federal Claims · May 1, 1996

The clause was next interpreted in 1989 by the Board of Contract Appeals (the “Board”) in Appeal of Bean Dredging Corp., 89-3 BCA ¶ 22,034 , ENG. BCA No. 5507, 1989 WL 81107 (1989). … In 1992, this court took a similar position as the Board in Bean Dredging. The court in Burnett Constr. Co. v.

American Capital Corp. v. United States

63 Fed. Cl. 637 · United States Court of Federal Claims · Jan 19, 2005

Co. v. … Co. v.

Lee v. United States

32 Fed. Cl. 530 · United States Court of Federal Claims · Jan 5, 1995

Board. A. First Amendment Claim. … See Board of Regents v.

Fuller v. United States

127 Fed. Cl. 640 · United States Court of Federal Claims · Jul 28, 2016

See Bannum, Inc. v. United States, 404 F.3d 1346, 1356 (Fed. Cir. 2005); Kennedy v. United States, 124 Fed. Cl. 309, 329 (2015); Boyle v. United States, 101 Fed. Cl. 592, 595-96 (2011). … Volk v. United States, 111 Fed. Cl. 313, 324 (2013) (quoting DMS All-Star Joint Venture v. United States, 90 Fed.

McGuire v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 14, 2016

See Brown v. Sec’y of Health & Human Servs., No. 09-426V, 2012 WL 952268, at *11 (Fed. Cl. Spec. Mstr. Feb. 29, 2012) (awarding Dr. Lawrence Steinman, a neurologist based in Stanford, California, $450-$500 per hour). … Her background did not allow her to respond to the opinions of the Secretary’s board-certified immunologist in any meaningful way. The undersigned’s observations of Dr.

First Federal Savings & Loan Ass'n of Rochester v. United States

58 Fed. Cl. 139 · United States Court of Federal Claims · Oct 14, 2003

The Board of Directors of the Phoenix First Federal had six members, two of whom previously served on the Board of either First Federal or Franklin Society, a thrift acquired by merger. Id., Recital, ¶¶ 1, 3. … See NSK Ltd. v.

George F. Miller Farms, Ltd. v. United States

27 Fed. Cl. 672 · United States Court of Federal Claims · Feb 23, 1993

In Irwin v. … The court also overruled Brown v.

Kemper

United States Court of Federal Claims · May 4, 2018

Bobka v. United States 133 Fed. Cl. 405, 412 (2017). lt is well-established an allegation of fraud is a tort claim. § Brown v. … See Brown v. United States 105 F.3d at 623; see also Bobka v. United States 133 Fed.

Roberts v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 16, 2014

He is board certified by the American Board of Psychiatry and Neurology with special qualifications in child neurology. Tr. 58-59; Pet’r’s Ex. 10 at 4. He is also board certified by the American Board of Pediatrics. … See, e.g., Althen v.

Falconwood Corp. v. United States

60 Fed. Cl. 485 · United States Court of Federal Claims · Apr 26, 2004

See Brown v. United States, 782 F.2d 559, 563 (6th Cir.1986) (quoting Re dding v. Commissioner, 630 F.2d 1169, 1175 (7th Cir.1980)). … This concept was applied in Salomon Inc. v.

Crabtree v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 12, 2021

Oler v. … Feb. 10, 2005) (finding no reasonable basis when petitioner submitted an affidavit and no other records); Brown v. Sec'y Health & Hum. Servs., No. 99-539V, 2005 WL 1026713, *2 (Fed. Cl. Spec. Mstr.

Bhl Properties, LLC v. United States

United States Court of Federal Claims · Nov 21, 2017

If the railroad is willing to negotiate an agreement and if the potential sponsor meets the Board’s requirements, the Board then issues either a Certificate of Interim Trail Use or Abandonment or a Notice of Interim Trail … Yee v. City of Escondido, 503 U.S. 519, 527 (1992) (emphasis omitted); see also Nollan v. Cal.

Sumner v. United States

71 Fed. Cl. 627 · United States Court of Federal Claims · Jun 23, 2006

Wadlington v. … See Brown v. United States, 105 F.3d 621, 623 (Fed.Cir.1997).

Cain v. United States

53 Fed. Cl. 658 · United States Court of Federal Claims · Jul 26, 2002

Bank, F.S.B. v. … Security Federal existed as a thrift prior to its conversion with the same assets, board of directors, and management.

Russell v. United States

106 Fed. Cl. 696 · United States Court of Federal Claims · Sep 28, 2012

The Director of the Navy’s Council of Personnel Boards upheld these findings. … Craft v. United States, 544 F.2d 468, 473 (Ct.Cl.1976).

Scarseth v. United States

46 Fed. Cl. 406 · United States Court of Federal Claims · Mar 27, 2000

In addition, according to the plaintiff, when his record was sent to the Army Discharge Review Board, it was incomplete. … He also asserts broadly that the decision of the United States Army Discharge Review Board was arbitrary and capricious and not based on fact or law, namely, because the Board failed to review pertinent evidence.

Hashi v. United States

United States Court of Federal Claims · Oct 28, 2022

United States v. Navajo Nation, 556 U.S. 287, 290 (2009) (quoting United States v. Testan, 424 U.S. 392, 400 (1976)). Here, Mr. … United States v. Sherwood, 312 U.S. 584, 588 (1941) (Court’s jurisdiction excludes relief “against others than the United States”); Brown v. United States, 105 F.3d 621, 624 (Fed.

Agnew v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 21, 2016

McGeady is board-certified in allergy, immunology, with a sub-board in clinical laboratory immunology. Tr. at 85. The sub-board is a special certification given to immunologists who direct clinical laboratories. … Moberly v. Sec’y of HHS, 592 F.3d 1315, 1322 (Fed. Cir. 2010). Proof of medical certainty is not required. Bunting v. Sec’y of HHS 931 F.2d 867, 873 (Fed. Cir. 1991).

Newport News Shipbuilding & Dry Dock Co. v. United States

44 Fed. Cl. 613 · United States Court of Federal Claims · Aug 18, 1999

First, the Court of Federal Claims should have parallel jurisdiction with the boards of contract appeals. See Garrett v. … The government cites Garrett v. General Electric for this proposition.