Case law
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125 Fed. Cl. 624 · United States Court of Federal Claims · Mar 22, 2016
See Traguth v. … -19- Correction board decisions are entitled to deference. Bray v. United States, 515 F.2d 1383, l39l (Ct. Cl. 1975) (per curiam); see also Heisiq v.
Cited 0 timesPublished50 Fed. Cl. 697 · United States Court of Federal Claims · Nov 1, 2001
In National By-Products, Inc. v. … Hanlin v. United States, 43 Fed.Cl. 34 (1999).
Cited 3 timesPublished131 Fed. Cl. 552 · United States Court of Federal Claims · Apr 18, 2017
See Pearl v. United States, 111 Fed. Cl. 301, 308 (2013); Haskins v. United States, 51 Fed. … Richardson v. Perales,402 U.S. 389,401 (1971) (quoting Consol' Edison Co. v. NLRB, 305 U.S. 197 ,229 (1938)). The court is limited to reviewing the record that was before the corrections board. Metz v.
Cited 4 timesPublished72 Fed. Cl. 268 · United States Court of Federal Claims · Jul 20, 2006
Kirwin v. United States, 23 Cl.Ct. 497, 502 (1991) (citing de Cicco v. United States, 230 Ct.Cl. 224 , 677 F.2d 66, 70 (1982)). See also Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.Cir.1986); Heisig v. … In this connection, the court will not re-weigh the evidence or sit as a “super correction board.” Skinner v. United States, 219 Ct.Cl. 322 , 594 F.2d 824, 830 (1979).
Cited 17 timesPublished104 Fed. Cl. 196 · United States Court of Federal Claims · Mar 29, 2012
Williams v. … The Court of Federal Claims does not sit as “a super correction board,” Skinner v.
Cited 17 timesPublished32 Fed. Cl. 259 · United States Court of Federal Claims · Oct 31, 1994
Dzialo v. United States, 230 Ct.Cl. 506, 511 , 677 F.2d 873, 875-76 (1982) (citing Friedman v. United States, 159 Ct.Cl. 1, 19, 24, 35 , 310 F.2d 381, 392, 396, 402 (1962), cert, denied sub nom. Lipp v. … Third, Sanders v. United States is distinguishable.
Cited 4 timesPublished56 Fed. Cl. 239 · United States Court of Federal Claims · Apr 15, 2003
, then the record is not complete, and it is before the Selection Board in a way other than as the statute [ 10 U.S.C. §§ 576 and 615, formerly § 5706] prescribes.’ ” Porter v. … Since the board did not address this portion of plaintiff's request, the court cannot review it. . See AR at 136-47. . See Cunningham v.
Cited 8 timesPublishedUnited States Court of Federal Claims · Apr 30, 2026
To avoid the court improperly reviewing a BCNR decision de novo, it is “normally limited to the administrative record developed before the military board” when deciding whether to grant judgment. Bateson v. … To begin, Flute v. United States provides that “[t]he denial of a hearing before the [Board does] not per se deprive plaintiff of due process.” Id. (quoting Flute v. United States, 535 F.2d 624, 628 (Ct. Cl. 1976)).
Cited 0 timesPublished108 Fed. Cl. 656 · United States Court of Federal Claims · Feb 6, 2013
Compare Barnick v. United States, 591 F.3d 1372, 1377 (Fed.Cir.2010) (decision of Air Force Board for the Correction of Military Records), Fisher v. … United States, 101 Fed.Cl. 245, 262-63 (2011) (decision of Board for Correction of Naval Records), and Loomis v.
Cited 10 timesPublishedUrs Energy & Construction, Inc. v. United States
United States Court of Federal Claims · Apr 14, 2016
Prior to the entry of a final judgment by a court or a decision by an agency board, the court or agency board shall require a defective certification to be corrected.”); M. Maropakis Carpentry, Inc. v. … .”); Fisher v.
Cited 0 timesPublishedBrown v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 23, 2022
Moran * v. … * * * * * * * * * * * * * * * * * * * * ** * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner; Kimberly S.
Cited 0 timesUnpublished31 Fed. Cl. 787 · United States Court of Federal Claims · Aug 30, 1994
Kirwin v. United States, 23 Cl.Ct. 497, 502 (1991) (quoting Dzialo v. United States, 5 Cl.Ct. 554, 561 (1984)); see also Heisig v. United States, 719 F.2d 1153, 1156 (Fed.Cir.1983); De Cicco v. … O’Neil v. United States, 6 Cl.Ct. 317, 319 (1984) (quoting Stephens v. United States, 174 Ct.Cl. 365, 373 , 358 F.2d 951, 955 (1966)).
Cited 3 timesPublishedBrown v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 16, 2017
SPECIAL MASTERS No. 16-605V Filed: December 20, 2016 UNPUBLISHED ********************************* DEBORA BROWN … See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed.
Cited 0 timesUnpublished44 Fed. Cl. 468 · United States Court of Federal Claims · Aug 11, 1999
Sanders v. United States, 219 Ct.Cl. 285, 298 , 594 F.2d 804 (1979). … The record the court reviews is normally the one considered by the board. Long v. United States, 12 Cl.Ct. 174, 175 (1987).
Cited 4 timesPublishedBrown v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 10, 2017
Citing McCulloch v. Sec’y of Health & Human Servs., No. 09-293V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. … June 30, 2016) (reducing overall fee award by ten percent due to excessive and duplicative billing); Ericzon v. Sec’y of Health & Human Servs., No. 10-103V, 2016 WL 447770 (Fed. Cl. Spec. Mstr. Jan. 15, 2016); Sexton v.
Cited 0 timesUnpublishedPhillips/May Corp. v. United States
76 Fed. Cl. 671 · United States Court of Federal Claims · Apr 19, 2007
Power Co. v. … In so holding, the Court was guided by Justice Blackmun’s oft-quoted dictum that res judicata should be invoked in such circumstances “only after careful inquiry,” Brown v.
Cited 4 timesPublished51 Fed. Cl. 221 · United States Court of Federal Claims · Dec 10, 2001
On December 19, 1996 the Board docketed the appeal and indicated that under the Board’s rules plaintiffs were required to file a complaint with the Board within thirty days after receipt of the Notice of Docketing, “on or … the Board in dismissing the appeal did so without prejudice, National Electric Coil, 227 Ct.Cl. at 596-97 ; Gregory Lumber Co. v.
Cited 1 timesPublishedRockwell Automation, Inc. v. United States
70 Fed. Cl. 114 · United States Court of Federal Claims · Mar 10, 2006
See Abraham v. … See Spalding & Son, Inc. v.
Cited 18 timesPublishedUnited States Court of Federal Claims · Aug 7, 2020
Plaintiff was referred by a Medical Examination Board (MEB) to a Physical Evaluation Board (PEB) on October 23, 1974. … See Brown v. United States, 74 Fed. Cl. 546, 550 (2006) (citing Tex. Peanut Farmers v. United States, 409 F.3d 1370, 1375 (Fed. Cir. 2005)).
Cited 0 timesPublished33 Fed. Cl. 791 · United States Court of Federal Claims · Aug 4, 1995
V 1993). … See Murphy v.
Cited 8 timesPublished
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