Case law

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  • Waters v. United States

    United States Court of Federal Claims · Jul 31, 2018

    Alternatively, "[a]t any time during proceedings ... with respect to the removal of an officer from active duty," an officer, if otherwise qualified, may request voluntary retirement. … The Tucker Act serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause of action. Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299, 1306 (Fed.

    Cited 0 timesPublished
  • Navajo Refining Co. v. United States

    58 Fed. Cl. 200 · United States Court of Federal Claims · Oct 27, 2003

    As the court stated in La Gloria, “FAR § 52.103(b) requires that ‘[a]ny provision or clause that supplements the FAR’ must be clearly identified ‘by number, title, date, and name,’ and further requires that if such supplemental … In Beta Systems, the Federal Circuit stated: The government’s insistence during negotiations on use of [the EPA clause] in its entirety, and the contractor’s acquiescence, does not immunize the government from the consequences

    Cited 5 timesPublished
  • Pohl Corp. v. United States

    29 Fed. Cl. 66 · United States Court of Federal Claims · Aug 10, 1993

    This item clearly does not apply to the 1981 case. The court will allow the fees on the December 19, 1990 invoice with the exception of the first item on the invoice. See Appendix to this order. … connection with the court proceeding, except that such fees shall not be in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified

    Cited 11 timesPublished
  • Payne v. United States

    United States Court of Federal Claims · Aug 27, 2018

    Cl. 54, 60 (2017) (“To establish jurisdiction Plaintiff must establish that he filed an administrative refund claim With the lRS prior to filing suit in this Court."); Fremuth v. United States 129 Fed. … United States, a judge of this court ordered the defendant to re-issue a stolen check to plaintiff pursuant to 31 U.S.C. § 3343 and explained that: The facts establish that Plaintiff has met the conditions established by

    Cited 0 timesPublished
  • Tessie Dingle v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 24, 2014

    Petitioner filed a response on December 20, 2013, approximately one week after the deadline established in the November 15, 2013 Order. Id. … Petitioner “bears the burden of establishing the hours expended.” Wasson v. Sec’y of Health & Human Servs., 24 Cl.

    Cited 0 timesPublished
  • Home Federal Bank of Tennessee, F.S.B. v. United States

    57 Fed. Cl. 676 · United States Court of Federal Claims · Aug 26, 2003

    Indeed, the plain language of 12 C.F.R. § 501.11 clearly indicates the limited authority of the Bank Board’s regional agents. … Muldoon testified with regards to the specific facts of this case, his answers tend to be qualified. (PL’s Resp. to Def.’s Supplemental Mem. in Opp’n to PL’s Mot. for Partial Summ.

    Cited 5 timesPublished
  • People of the State of California Ex Rel. Edmund G. Brown Jr., Attorney General of the State of California v. United States

    122 Fed. Cl. 315 · United States Court of Federal Claims · Mar 16, 2015

    FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the non- public utilities and explained that it was establishing just and reasonable rates in order … Instead, third-party beneficiary status may be established where the party “fall[s] within a class clearly intended to be benefited” by the contract. See Montana, 124 F.3d at 1273; see also JGB Enters., Inc. v.

    Cited 1 timesPublished
  • Labonte v. United States

    United States Court of Federal Claims · Oct 30, 2020

    The Federal Circuit found that this argument had no merit, but it held that the plaintiff had nonetheless established jurisdiction. … There is no indication, however, that the plaintiff knew at the time that his conditions may have qualified him for disability retirement.

    Cited 0 timesPublished
  • Yakama Nation Housing Authority v. United States

    102 Fed. Cl. 478 · United States Court of Federal Claims · Dec 5, 2011

    Congress established the formula by which the appropriated funds would be distributed. 25 U.S.C. § 4152 (a). … The OIG conducted site visits and the audit report concluded that IHBG funds had not been properly allocated in previous years because they were based on housing units that do not qualify as FCAS.

    Cited 6 timesPublished
  • McCord v. United States

    United States Court of Federal Claims · Jul 10, 2018

    Although DFAS has stated an intent to establish a debt against Mr. McCord, the government represents that it has not yet done so. … Sonenshine states that he has A member who has received . . . severance pay . . . and who later qualifies for retired or retainer pay under this title or title 14 shall

    Cited 0 timesPublished
  • Loomacres, Inc. v. United States

    United States Court of Federal Claims · Feb 21, 2018

    BASH programs clearly implement wildlife and land management even though they also relate to safety. … According to Plaintiff, “priority” means only that work should be awarded to a qualifying government agency if “all other things” are “relatively equal.” Pl.’s Resp. 5.

    Cited 0 timesPublished
  • Rmgs, Inc. v. United States

    United States Court of Federal Claims · Nov 28, 2018

    The government and PAE also argue that RMGS lacks standing because it does not qualify as an “interested party,” and that, in any event, RMGS’s protest fails on the merits. … RMGS Has Not Established Its Standing A.

    Cited 0 timesPublished
  • Consolidated Edison Co. v. United States

    90 Fed. Cl. 228 · United States Court of Federal Claims · Oct 21, 2009

    LaRue clearly indicated that the plaintiff would bear burdens and benefits of ownership if the Retention Option is exercised: Q. All right. … Kelly, was qualified as an expert in “valuations, appraisals and appraisal reviews of utility properties.” Mr.

    Reversed on other grounds by Consolidated Edison Co. of New York, Inc. & Subsidiaries v. United States, 703 F.3d 1367 (2013)Cited 20 timesPublished
  • Rev, LLC v. United States

    United States Court of Federal Claims · Mar 21, 2022

    May 27, 2020 initial evaluation briefing, see ECF No. 45-5 at 64, indicate that the solicitation was issued on November 12, 2019. 3 SDVOSB contract-holders would no longer qualify … Specifically, the agency noted that plaintiff failed to “clearly depict the [ ] . . . it used,” id. at 846, while offeror 57 showed one environment and at least parts of a second, see id. at 899.

    Cited 0 timesPublished
  • Kelly v. United States

    United States Court of Federal Claims · Oct 20, 2025

    The Court previously noted that this comment did not clearly establish what role Mr. Kelly played in this operation. See Kelly I, 157 Fed. Cl. at 127 n.8. … Kelly was “qualified for service and separation.” Id. (capitalization omitted). Accordingly, the statement Mr.

    Cited 0 timesPublished
  • Kennedy v. United States

    United States Court of Federal Claims · Dec 11, 2025

    Kennedy has failed to plead sufficient facts to establish the elements of either claim. … Cl. 301, 304 (1998) (holding that an account stated claim requires “a definite decision” in the taxpayer’s favor, a showing of which is undermined by “provisional and tentative” or “qualifying” language). Mr.

    Cited 0 timesPublished
  • Oasis International Waters, Inc. v. United States

    110 Fed. Cl. 87 · United States Court of Federal Claims · Apr 18, 2013

    P00011 revamped the CLIN structure to clearly reflect a bottled water capability contract (service).” … Although the contours of government waiver are not as clearly established, the same logic has been applied to allow local government agents to waive the privilege if they have been delegated authority to bind the government

    Cited 18 timesPublished
  • Shafer v. United States

    United States Court of Federal Claims · Dec 8, 2015

    It is well established that such a procedural remand does not confer prevailing party status on an EAJA claimant. Id. … It is well established that plaintiff is not entitled to an award of attorneys’ fees under EAJA under such circumstances. Akers, 409 F.3d at 1358.

    Cited 0 timesUnpublished
  • Skokomish Indian Tribe v. United States

    115 Fed. Cl. 116 · United States Court of Federal Claims · Mar 11, 2014

    Both counts clearly arise out of the same operative facts, and both counts seek the same relief – money with interest, albeit under different theories (tax law versus a Fifth Amendment takings theory).” Id. at 1091. … violates the Administrative Procedure Act, 5 U.S.C. § 701 as: arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity

    Cited 5 timesPublished
  • Adams v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 19, 2024

    In the present case, for petitioner to qualify for a Vaccine Injury Table presumption of causation, a preponderance of the evidence must establish that the initial symptom or manifestation of onset of her GBS occurred not … Lajara-Nanson’s opinion, referencing literature which “clearly demonstrate[es] the incorrect rationale” in Dr.

    Cited 0 timesUnpublished

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