Case law
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United States Court of Federal Claims · Oct 28, 2021
Career enlisted Marines who do not extend/reenlist in order to qualify for assignment will sign the following page 11 SRB entry. MCO P1300.8R ¶ 1102. … The Court cannot, however, establish the rules in the first instance.
Cited 0 timesPublished95 Fed. Cl. 21 · United States Court of Federal Claims · Oct 14, 2010
Therefore, on or before Friday, July 2, 2010, the plaintiff shall file a more definite statement in a submission to the court which clearly states whether plaintiff was awarded a patent, if a secrecy order was issued for … As it is a waiver of sovereign immunity, this statute is to be strictly construed.... It does not grant the Court of Federal Claims jurisdiction over a claim for alleged infringement of an unissued patent.
Cited 5 timesPublishedOverstreet Electric Co. v. United States
59 Fed. Cl. 99 · United States Court of Federal Claims · Dec 19, 2003
Of these subfactors, quality control was clearly considered the most important. Id. … Besides “prejudice," Overstreet technically must establish that it is an "interested party" for statutory standing purposes.
Cited 69 timesPublished81 Fed. Cl. 328 · United States Court of Federal Claims · Mar 27, 2008
The plaintiffs have carried their burden of establishing typicality. … The Court concludes that plaintiffs have established that a class action is superior to any available alternative means of litigating this matter.
Cited 34 timesPublished48 Fed. Cl. 148 · United States Court of Federal Claims · Nov 6, 2000
Defendant argues, nevertheless, that despite the court’s established competence to determine title in takings cases, a claimant may dispute title over lands with the government only through the provisions of the QTA. … The QTA is the sole source of the government’s waiver of sovereign immunity with regard to claims for title of real property adverse to government interest in such property. Block v.
Cited 4 timesPublished31 Fed. Cl. 53 · United States Court of Federal Claims · Apr 4, 1994
Plaintiffs’ water rights have not been established in Nevada judicial proceedings. … Clearly under these provisions, plaintiffs’ range improvement permits are not limited to the “care and management of permitted livestock” as plaintiffs claim.
Cited 2 timesPublishedDemodulation, Inc. v. United States
123 Fed. Cl. 98 · United States Court of Federal Claims · Aug 27, 2015
Because a waiver of sovereign immunity is strictly construed, absent a clear contractual intent that the parties intended for Demodulation to have a direct appeal, see id. at 1556-57; see also Lockheed Martin, 50 Fed. … Demodulation has failed to establish that B&W Y-12 was DOE’s purchasing agent so as to be in privity with the Government. 3.
Cited 1 timesPublishedPahwa v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 16, 2021
Respondent further argues that Petitioner has not offered a reliable expert opinion establishing that Petitioner’s initial pain resulted from poor injection technique or an immune-mediated inflammatory response and has not … established that his flu vaccine in fact caused his shoulder symptoms.
Cited 0 timesPublishedCity of Wilmington, Delaware v. United States
United States Court of Federal Claims · Jan 3, 2019
Supp. 1090, 1114 (E.D.N.C. 1984) (“[T]he burden of showing that the requested discovery is not relevant to the issues in this litigation is clearly on the party resisting discovery.”). … Command Instruction 5090.5 reiterated that the April 11, 2011 memorandum provides seven criteria that “may, in any particular case, expand or contract what qualifies as a reasonable service charge for purposes of stormwater
Cited 0 timesPublishedBono v. Secretary of Health & Human Services
87 Fed. Cl. 98 · United States Court of Federal Claims · Apr 30, 2009
A manifestation was described as “more self-evident of an injury and may include significant symptoms that clearly evidence injury.” Id. … Moreover, Markovich reinforced the notion that the statute of limitations should be “strictly and narrowly” construed as statutes of limitations girding a limited waiver of sovereign immunity typically are.
Cited 1 timesPublishedStelco Holding Co. v. United States
42 Fed. Cl. 101 · United States Court of Federal Claims · Sep 29, 1998
Such awareness of the post-1983 implications of Stelco’s NOL carryovers is clearly manifest in the IRS examination report dated April 6, 1994, prepared by Ms. … The Court's rationale for demanding strict compliance with the limitations period under § 6511(a) is not only familiar but manifestly clear: Under settled principles of sovereign immunity, “the United States, as sovereign
Cited 19 timesPublishedNutech Laundry & Textile, Inc. v. United States
56 Fed. Cl. 588 · United States Court of Federal Claims · Jun 9, 2003
Nutech argued that Tartan: does not qualify for a small business set-aside under controlling SBA regulations.... IT SHOULD HAVE BEEN CLEAR FROM THE DATA SUBMITTED by TARTAN ... THAT THEY DID NOT QUALIFY.... … According to the government, Nutech’s solicitation price, ***** that of Tartan’s price, Nutech’s NNMC contract and the IGE unit price, clearly exceeded the fair market value.
Cited 17 timesPublishedSan Antonio Housing Authority v. United States
United States Court of Federal Claims · Jun 11, 2019
in the manner appropriate to waivers of sovereign immunity.” … HUD regulations establish which units initially count as FCAS in the formula, and when those units no longer qualify (e.g., when they have been or could have been conveyed to homebuyers). 24 C.F.R. §§ 1000.312
Cited 0 timesPublishedUnited States Court of Federal Claims · Jan 29, 2018
Anoruo has not established jurisdiction of this Court because the statutes he cites are not money-mandating. … Clearly, Plaintiffs 5 right to a payment under the SLRP was never established and cannot be enforced by this Court.
Cited 0 timesPublishedOxy USA, Inc. v. United States
United States Court of Federal Claims · Nov 17, 2022
But while the Federal Circuit has not clearly categorized Anti-Assignment Act violations as a jurisdictional bar, it has discussed the Act’s impact on the waiver of sovereign immunity and privity of contract. … Rather, the Anti-Assignment Acts protect the government unless they are clearly waived, and silence can amount to waiver only when an ‘all the circumstances’ review indicates such a waiver.”)
Cited 0 timesPublishedG. v. Secretary of Health and Human Services
United States Court of Federal Claims · May 22, 2024
In contrast to the lack of any clinical indicators of injurious post-vaccination inflammation, the medical records very clearly establish not merely that petitioner had coincidental diabetes, but that his diabetes was not … Conclusion Petitioner has clearly suffered and he has my sympathy.
Cited 0 timesUnpublishedSpectre Corporation v. United States
United States Court of Federal Claims · Jul 26, 2022
Legal Standard FRE 701 states “[i]f a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly … The court held “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Id. at 267 (citation omitted).
Cited 0 timesPublishedIms Services, Inc. v. United States
40 Cont. Cas. Fed. 76,757 · United States Court of Federal Claims · Dec 12, 1994
Moreover, it also is well established that “[t]he United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain … One of the circumstances for which this court clearly was given the ability to exercise equitable relief when it was created is the pre-award stage of a contract procurement.
Cited 11 timesPublished44 Fed. Cl. 97 · United States Court of Federal Claims · Jun 23, 1999
To overturn a decision of the AFBCMR, the “plaintiff must show by cogent and clearly convincing evidence ... (1) a material legal error or injustice in the correction board proceeding and (2) an adequate nexus between the … In 1981, the DoD established policies for the conduct of promotion boards throughout the agency in Directive 1320.9.
Cited 14 timesPublished73 Fed. Cl. 508 · United States Court of Federal Claims · Oct 4, 2006
Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … Although the plaintiff continues to argue that her termination was improper, and that her termination did not establish her obligation to repay her PCA allotment, the PCA agreement, which plaintiff signed, states clearly
Cited 3 timesPublished
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