Case law

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  • Sears v. United States

    124 Fed. Cl. 730 · United States Court of Federal Claims · Jan 28, 2016

    Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655 (1962)). … (citing Phelps v. United States, 274 U.S. 341, 344 (1927); Seaboard Air Line R. Co. v.

    Cited 13 timesPublished
  • Old Stone Corp. v. United States

    63 Fed. Cl. 65 · United States Court of Federal Claims · Nov 18, 2004

    Co. v. … The Home Loan Bank Board had approached Old Stone earlier seeking a merger with Rhode Island Federal, but did not offer inducements and plaintiff declined. . See Hansen Bancorp, Inc. v.

    Cited 11 timesPublished
  • Starr International Company, Inc., on Its Behalf and on Behalf of a Class of Others Similarly Situated v. United States

    112 Fed. Cl. 601 · United States Court of Federal Claims · Sep 27, 2013

    A controversy arose as to whether AIG should be dismissed as a nominal defendant under Delaware’s business judgment rule, in deference to its Board’s reasoned decision. … See FTC v.

    Cited 6 timesPublished
  • Allen v. United States

    125 Fed. Cl. 138 · United States Court of Federal Claims · Feb 25, 2016

    See 28 U.S.C. § 1346 (b)(1); see also Brown v. … Jan. 29, 1999) (dismissing complaint); Allen v. Brown CO-I, et al., No. 98-153 (W.D. Pa. Dec. 22, 1998) (dismissing complaint for failure to state a claim); Allen v. McCollough, et al., No. 98-208 (W.D. Pa.

    Cited 5 timesPublished
  • Betz v. United States

    40 Fed. Cl. 286 · United States Court of Federal Claims · Feb 3, 1998

    See King, 395 U.S. at 3-5 , 89 S.Ct. at 1502-03 (holding that declaratory judgments are beyond the scope of the Court of Claims’ jurisdiction); see also Brown v. … United States, 221 Ct.Cl. 741 , 609 F.2d 980, 988 (1979) (stating that a suit for alleged emotional distress, anguish, and humiliation clearly sounds in tort and is outside of the court’s jurisdiction); see also Brown v.

    Cited 21 timesPublished
  • City National Bank v. United States

    33 Fed. Cl. 224 · United States Court of Federal Claims · Apr 7, 1995

    De-Tom Enters., Inc. v. United States, 213 Ct.Cl. 362, 365 , 552 F.2d 337, 339 (1977) (holding that zoning action by local county board constituted taking, as opposed to any action by Federal Government). … Lucas , -U.S. at-, 112 S.Ct. at 2901 (quoting Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1972) (citations omitted)).

    Cited 5 timesPublished
  • Swift & Staley, Inc. v. United States

    United States Court of Federal Claims · Apr 26, 2022

    Baird Corp. v. United States, 1 Cl. Ct. 662, 666 (1983); see also Eagle Design & Mgmt., Inc. v. United States, 57 Fed. Cl. 271, 273 (2002). … Precise Sys., Inc. v. United States, 122 Fed. Cl. 263, 270 (2015) (citing LB & B Assocs., Inc. v. United States, 68 Fed. Cl. 765, 772 (2005); Ceres Envtl. Servs., Inc. v. United States, 52 Fed.

    Cited 0 timesPublished
  • Smith v. United States

    58 Fed. Cl. 374 · United States Court of Federal Claims · Oct 22, 2003

    In response to that crisis, the Federal Home Loan Bank Board (“Bank Board”), the federal regulatory agency responsible for regulating federally-chartered savings and loans, encouraged healthy thrifts and outside investors … Group v.

    Cited 8 timesPublished
  • Blackwater Lodge & Training Center, Inc. v. United States

    86 Fed. Cl. 488 · United States Court of Federal Claims · Apr 17, 2009

    APT also provided a copy of email correspondence between LTC Weisnicht and APT official Walter Brown in which Mr. … Bean Stuyvesant, L.L.C. v. United States, 48 Fed.Cl. 303, 320 (2000) (citing Analytical & Research Tech, Inc. v. United States, 39 Fed.Cl. 34, 42 (1997)); see also Maintenance Eng’rs v.

    Cited 85 timesPublished
  • Colorado Construction Corp. v. United States

    57 Fed. Cl. 648 · United States Court of Federal Claims · Sep 16, 2003

    Corp. v. United States, 48 Fed.Cl. 113, 119 (2000). … Thomas exercises control as a member of the Board of Directors. However, there are two directors, Mr. Thomas and Ms. Lattin, each with an equal vote necessary for board action. While this arrangement gives Mr.

    Cited 5 timesPublished
  • Manus Medical, LLC v. United States

    115 Fed. Cl. 187 · United States Court of Federal Claims · Mar 19, 2014

    Centech Grp., Inc. v. United States, 554 F.3d 1029, 1037 (Fed. Cir. 2009). Although no single factor is dispositive, “success on the merits is the most important.” Blue & Gold Fleet, LP v. United States, 70 Fed. … See CW Gov’t Travel, Inc. v. United States, 110 Fed. Cl. 462, 495 (2013).

    Cited 8 timesPublished
  • Bighorn Lumber Co. v. United States

    49 Fed. Cl. 768 · United States Court of Federal Claims · Jul 12, 2001

    Defendant rejects plaintiffs logic, citing Mason v. … Plaintiff also relies on Concept Automation, Inc. v.

    Cited 3 timesPublished
  • McDonnell Douglas Corp. v. United States

    76 Fed. Cl. 385 · United States Court of Federal Claims · May 3, 2007

    The GSA Board made two rulings. … Satellite Co. v.

    Cited 4 timesPublished
  • Veasey v. United States

    United States Court of Federal Claims · Jul 30, 2015

    (citing Brown v. United States, 105 F.3d 621 ,623 (Fed. Cir. 1997))), apoeal dismissed, 556 F. App'x 966 (Fed. Cir. 2014); Haka v. United States, 107 Fed. Cl. 111,113-14 (2012); Kam-Almaz v. United States, 96 Fed. … United States,508 U.S.200,214 (1993); Rick's Mushroom Serv., Inc. v. United States, 521 F.3d at 1343; Alves v. United States, 133 F.3d 1454,1459 (Fed. Cir. 1998); Brown v.

    Cited 0 timesPublished
  • Buse Timber & Sales, Inc. v. United States

    45 Fed. Cl. 258 · United States Court of Federal Claims · Nov 4, 1999

    On August 29, 1990, Buse Timber and the Forest Service entered into a contract which called for the Forest Service to sell and permit Buse Timber to cut, remove, and pay for a total estimated volume of 3,400 board feet of … See Alliant Techsystems, Inc. v. United States, 178 F.3d 1260, 1264 (Fed.Cir.1999); Brown v. United States, 86 F.3d 1554, 1559 (Fed.Cir.1996); Brighton Village Assoc. v. United States, 52 F.3d 1056, 1059 (Fed.Cir.1995).

    Cited 12 timesPublished
  • Finley v. United States

    39 Cont. Cas. Fed. 76,688 · United States Court of Federal Claims · Aug 16, 1994

    Honeywell v. United States, 870 F.2d 644, 647 (Fed.Cir.1989); Carothers v. United States, 18 Cl.Ct. 745 , 751 n. 6 (1989); CACI Field Services, Inc. v. … See Delta Data Systems Corp. v. Webster, 755 F.2d 938, 940 (D.C.Cir.1985); Rhen v.

    Cited 19 timesPublished
  • Whyte v. United States

    59 Fed. Cl. 493 · United States Court of Federal Claims · Jan 16, 2004

    Whyte’s complaint with prejudice as to the homeowners association board, the property management company and its agent, but not as to the VA or Mr. Shaw. … In Vaizburd v.

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

    United States Court of Federal Claims · Mar 26, 2018

    In 1987, he became board-certified in psychiatry and neurology with a special competency in child neurology. In that same year, he also became board-certified in pediatrics. … Broekelschen v. Sec'y of Health & Human Servs., 618 F.3d 1339, 1346 (Fed. Cir. 2010); Lombardi v. Sec'y of Health & Human Servs., 656 F.3d 1343, 1352 (Fed.

    Cited 0 timesPublished
  • Eden Isle Marina, Inc. v. the United States 0

    113 Fed. Cl. 372 · United States Court of Federal Claims · Oct 29, 2013

    Sand & Gravel Co. v. … Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449, 1455 (Fed. Cir. 1997) (internal quotation marks omitted).

    Cited 37 timesPublished
  • Cloud

    United States Court of Federal Claims · Mar 9, 2022

    Weber while he was employed at an IHS clinic on the Blackfeet Reservation in Browning, Montana, between approximately 1992 and 1995. ECF No. 1 ¶ 25. … Weber while they worked together in the IHS hospital in Browning, Montana, in the early- to mid-1990s, which he expressed to hospital officials Mary Ellen LaFromboise and Margene Tower); id. at 15– 16 (former Browning

    Cited 0 timesPublished

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