Case law

El v. United States

122 Fed. Cl. 707 · United States Court of Federal Claims · Aug 19, 2015

Sec Brown v. United States, 105 F.3d 621, 624 (Fed. Cir. 1997) ('"The Tucker Act grants the Court of Federal Claims jurisdiction over suits against the United States, not against individual federal officials."). … See, e.g., Brown, 105 F.3d at 623 ("[T]he Fourth Amendment does not mandate the payment of money for its violation.

Holmes v. United States

98 Fed. Cl. 767 · United States Court of Federal Claims · May 31, 2011

Brown, 466 U.S. 147 , 104 S.Ct. 1723 , 80 L.Ed.2d 196 (1984) (per curiam), the Court took note of a number of circuit court opinions that permitted tolling, including where: a claimant has received inadequate notice, see … Gates v.

Rob W. Frey v. United States

112 Fed. Cl. 337 · United States Court of Federal Claims · Aug 26, 2013

Porter v. United States, 163 F.3d 1304, 1312 (Fed. Cir. 1998). Courts do not serve as a “super correction board.” Skinner v. United States, 594 F.2d 824, 830 (Ct. Cl. 1979). … I 2002), recognized v. United States, 322 F.3d 1317, 1323-24 (Fed. Cir. 2003). Nonetheless, “correction boards must examine relevant data and articulate satisfactory explanations for their decisions.” Van Cleave v.

Gregory v. United States

United States Court of Federal Claims · Oct 31, 2020

So long as the Board considered the relevant evidence and came to a reasonable conclusion, this court will not disturb the Board's decision.” Riser v. United States, 97 Fed. Cl. 679, 683– 84 (2011) (quoting Heisig v. … .”); Smith v. Brown, 35 F.3d 1516, 1523 (Fed. Cir. 1994) (canons of construction apply to regulations, as well as statutes), superseded on other grounds by, 38 U.S.C. § 7111.

Prochazka v. United States

90 Fed. Cl. 481 · United States Court of Federal Claims · Dec 10, 2009

Harris v. United States, 14 Cl.Ct. 84, 89 (1987) (“Congress has entrusted the primary duty of correcting military records with the correction boards.”); see also Bateson v. … As general rule, failure to present an issue before a correction board waives a later raised claim. Doyle v.

Pacific Gas and Electric Company v. United States

United States Court of Federal Claims · Mar 12, 2015

Co. v. United States, (No. 07-157C), 105 Fed. Cl. 420 (2012) and California ex rel. Brown v. United States, (No. 07-184C), 105 Fed. … Brown v. United States, 110 Fed. Cl. at 140). The Government has not “provide[d] any reason why that order may be reconsidered now.” Pl. Resp. at 11.

O'Hare v. United States

United States Court of Federal Claims · Aug 27, 2021

I shall assume that the Board did not intend to rely on those facts for its conclusion that Mr. O’Hare was fit at the time of discharge. See Verbeck v. United States, 97 Fed. Cl. 443, 460 n.25 (2011) (citing SEC v. … Sawyer, 930 F.2d at 1581 (“[I]n disability cases either the review boards or the correction board is competent to make a disability determination in the first instance.”); Patterson v. United States, 44 Fed.

Brown v. United States

88 Fed. Cl. 795 · United States Court of Federal Claims · Sep 16, 2009

Brown’s complaint was dismissed by the district court. See Brown v. Bush, No. 04-1092, 2004 U.S. Dist. LEXIS 30112 (D.D.C. June 29, 2004); Brown v. Bush, No. 04-0926 (D.D.C. June 7, 2004). Mr. … Brown in United States District Court for the Northern District of Georgia that were dismissed as frivolous. See Brown v. Kemp, 2007 WL 4209308 , at *2 n. 5; see also Brown v.

Brown v. United States

74 Fed. Cl. 546 · United States Court of Federal Claims · Dec 15, 2006

Brown (“plaintiff”) is an inmate incarcerated at a United States Penitentiary in Pollock, Louisiana. … (emphasis added)); see Brown v. United States, 105 F.3d 621, 623 (Fed.Cir.1997) (stating that Court of Federal Claims “lacks jurisdiction over tort claims against the United States”).

Brown v. United States

131 Fed. Cl. 540 · United States Court of Federal Claims · Apr 13, 2017

BROWN et al., * * Plaintiffs, * * Rails-to-Trails; Motion to Stay v. … See, e.g., CMAX, Inc. v.

Brown v. United States

126 Fed. Cl. 571 · United States Court of Federal Claims · May 27, 2016

See, e.g., Brown v. Nucor Corp., 785 F.3d 895, 903 (4th Cir. 2015) (noting “Wal-Mart’s heightened requirement of commonality”); M.D. v. … To the contrary, the fact that the Brown suit is proceeding through joinder reflects that joinder is a reasonable and practicable method of adjudicating whether the Board’s issuance of the August 4, 2015 NITU effected a taking

District of Columbia Water and Sewer v. United States

United States Court of Federal Claims · Sep 10, 2021

On October 25, 1937, the Board of Commissioners of the Soldiers’ Home “convened a Board Meeting . . . to discuss the matter.” … (quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000))).

Pedden v. United States

United States Court of Federal Claims · Nov 13, 2019

See Rudo v. Geren, 818 F. Supp. 2d 17, 26 (D.D.C. 2011) (“the plaintiff's due process claim was not frivolous and the ABCMR board was required to address it”); Ashe v. … (ellipsis in original) (citation omitted); Watson v. United States, 113 Fed. Cl. 615, 635 (2013) (applying to military record correction board), decision clarified, 118 Fed.

Brown v. United States

133 Fed. Cl. 186 · United States Court of Federal Claims · Jul 10, 2017

INTRODUCTION Plaintiff, Jeffrey Brown, challenges the decisions of the Army Board for Correction of Military Records (the “ABCMR”) to deny his request for disability compensation under 10 U.S.C. §§ 1201 and 1203. … See Parks v. United States, 127 Fed. Cl. 677, 680 (2016) (holding that plaintiff waived claims that he failed to raise in petition before the relevant military correction board).

Brown v. United States

88 Fed. Cl. 322 · United States Court of Federal Claims · Aug 12, 2009

Feb. 2, 2006) (dismissed as frivolous under section 1915A); Brown v. Bush, et al., No. 104-CV-1092 (D.D.C. June 29, 2004) (dismissal with prejudice for failure to state a claim); Brown v. … See Brown v. Kemp, 2007 WL 4209308 , at * 2 n. 5.

Brown v. United States

42 Fed. Cl. 538 · United States Court of Federal Claims · Dec 8, 1998

Brown v. United States, 32 Fed.Cl. 509 (1994). … Brown v. United States, 86 F.3d 1554 (Fed.Cir.1996).

Hatmaker v. United States

United States Court of Federal Claims · Mar 1, 2018

Plaintiff’s burden is to show by “‘cogent and clearly convincing evidence’” that the decision of the board fails this standard. Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed. Cir. 1986) (quoting Dorl v. … E.g., Walls, 582 F.3d at 1368 (citing Brown v.

Brown v. United States

32 Fed. Cl. 509 · United States Court of Federal Claims · Dec 28, 1994

Pima Country Club appealed to the Interior Board of Indian Appeals, which, in its October 24, 1991 opinion, agreed with the BIA’s determination (Pima Country Club v. BIA, IBIA 90-109-A). … Corp. v. United States, 372 F.2d 1002, 1007 , 178 Ct.Cl. 599 (1967); Brown v. United States, 3 Cl.Ct. 31, 47 (1983).

Brown v. United States

84 Fed. Cl. 400 · United States Court of Federal Claims · Oct 16, 2008

Brown v. United States, 271 F.Supp.2d 225, 227 (D.D.C.2003); Ptf.’s Resp. at 2. … Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449 , 1455 (Fed.Cir. 1997).

Global Computer Enterprises, Inc. v. United States

88 Fed. Cl. 52 · United States Court of Federal Claims · Jul 22, 2009

Co. v. … United States v. Brown, 441 F.3d 1330, 1362 (11th Cir.2006).