Case law

Coleman v. United States

United States Court of Federal Claims · Jun 3, 2014

Coleman's lack of income and absence of savings could qualify him for in forma pauperis status, his complaint is dismissed for lack of jurisdiction in this court. … Moreover, on the merits, Mr. coleman's complaint is insufficient to establish a cause of action in this court. lt is well established that "'subject-matter jurisdiction, because it involves a court's power to hear a case

Columbia Broadcasting System, Inc. v. Commissioner

32 T.C. 39 · United States Tax Court · Apr 10, 1959

. -- The petitioner, owner of radio station KQW, held qualified for relief under the commitment provision of section 722(b)(4) as a result of its actions during the base period in attempting to become the San Francisco Bay … A number of things which the petitioner did to improve its position cannot be regarded as clearly evidencing a commitment.

Impresa Construzioni Geom. Domenico Garufii v. United States

52 Fed. Cl. 421 · United States Court of Federal Claims · May 3, 2002

The Federal Circuit instructs that a responsibility determination by a contracting officer is not immune from judicial review simply because allegations of fraud or bad faith are absent. Impresa, 238 F.3d at 1333 . … “In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of nonresponsibility.” 48 C.F.R. § 9.103 (b) (1998).

Southland Industries, Inc. v. Commissioner

17 T.C. 1551 · United States Tax Court · Mar 21, 1952

We shall first consider whether petitioner has established (1) above. … We think that the record clearly indicates that petitioner made a substantial change.

De Graffenried v. United States

20 Cl. Ct. 458 · United States Court of Claims · May 18, 1990

Defendant has not established either that the claims are invalid or that this action is barred by the doctrine of laches, and plaintiff has established that the claims cover the accused Arsenal device. I. … Therefore, even if this court were incorrect and plaintiff had not established literal infringement of Claim 1, plaintiff has established infringement under the doctrine of equivalents. E.

Brown v. United States

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

These allegations sufficiently establish a lease violation. … The government asserts that, because of the Tribe’s sovereign immunity, it cannot feasibly be joined. The court need not reach a determination of whether the Tribe can properly invoke sovereign immunity.

USX Corp. v. United States

664 F. Supp. 519 · United States Court of International Trade · Jun 3, 1987

that their content has not already been made available elsewhere in the public record, the court must balance the conflicting interests. 6 In order to gain access to *523 privileged documents, plaintiff “must demonstrate clearly … The Berg Declaration, however, did not establish dispositively the privileged status of the documents.

Lan-Dale Co. v. United States

60 Fed. Cl. 299 · United States Court of Federal Claims · Feb 13, 2004

an even greater advantage that it has already by virtue of the protections of sovereign immunity. … Thus, defendant argues,”it is unlikely that Lan-Dale can establish a colorable claim in district court.” D’s Brief on § 1631, at 3-4.

Hendee v. United States

22 Ct. Cl. 134 · United States Court of Claims · Mar 14, 1887

The same section of the Revised Statutes (§ 1410) which defines who are petty officers also most clearly classes clerks as officers not holding commissions or warrants, and, not entitled to them, but still officers of the … He was required to qualify by taking an oath, and to expressly engage to serve till regularly discharged; and this could only be done by the appointing power, approved in the same manner as his appointment had been approved

McDowell v. United States

24 Cl. Ct. 205 · United States Court of Claims · Sep 26, 1991

McDowell was clearly limited in his activities to a much greater extent than the government’s 20% and 40% ratings would reflect. … In addition, the Federal Circuit, in the first sentence of its opinion, quickly disposed of the government's argument, stating simply: “[t]his court’s precedents establish that the Claims Court possesses jurisdiction to review

Adams v. Commissioner

70 T.C. 373 · United States Tax Court · May 31, 1978

Conklin, was qualified to express an opinion as to the replacement or reproduction cost of the building situated on the property. … The legislative history of section 4941 clearly indicates that actual harm to the foundation is not an implied element in the definition of self-dealing.

Dow Chemical Co. v. United States

41 Cont. Cas. Fed. 77,002 · United States Court of Federal Claims · Jun 20, 1996

A single agreement is not sufficient to find an established royalty rate. See Trell v. … Because the royalty rate offers were made after the infringement had begun and because Pennsylvania was protected by sovereign immunity, the settlement terms cannot be considered evidence of an established royalty negotiated

Adria Gharati v. Department of the Army

2022 MSPB 16 · Merit Systems Protection Board · Jun 22, 2022

General Services Administration, 117 M.S.P.R. 616 (2012), to place the burden on the appellant to “clearly establish” that , but for the agency’s improper actions, she would have applied for the vacancies and … Accordingly, we need not determine whether the appellant “clearly established” that she would have applied and been selected for one of the permanent positions.

Freeman v. United States

98 Fed. Cl. 360 · United States Court of Federal Claims · Apr 21, 2011

Because this statute of limitations circumscribes the scope of the government’s waiver of sovereign immunity, it is “jurisdictional” in nature and must be construed strictly. See John R. Sand & Gravel Co. v. … Thus, those periods of service do not qualify as "military service” under 50 U.S.C. app. § 511(2).

Schaller v. United States

288 F.2d 700 · United States Court of Claims · Apr 7, 1961

The Renegotiation Act, supra, clearly shows that plaintiff was employed subject to the Classification Act of 1949, 63 Stat. 954 , 972. … Thus the situation is this: Plaintiff must have been qualified for conversion to civil service status. Otherwise, Mr.

Baron Tube Co. v. United States

42 Cust. Ct. 10 · United States Customs Court · Dec 24, 1958

Anything more is clearly an advancement, and the higher rate attaches. … Two well-qualified witnesses, one, a manufacturer and distributor of steel tubing, with 42 years of experience in that line, the other, a consulting engineer, licensed in the States of New York and Ohio, who has spent the

John W. Bennett, Jr. And Mary Bennett v. The United States

427 F.2d 1202 · United States Court of Claims · Jun 12, 1970

Only on a showing of transcendent extrinsic circumstances, 8 clearly not present here, could those results become tolerable. … The Foster case is clearly limited, as is shown by a study of the opinion there, to transactions involving those occurring before 1913 and in that respect is clearly distinguishable from the instant case and is, therefore

Moore v. United States

61 Fed. Cl. 146 · United States Court of Federal Claims · Jun 29, 2004

In light of this history, the Supreme Court concluded that for collateral review for back pay to survive the finality requirement the claims must clearly rise to a constitutional level. Id. … He claims trial defense counsel failed to raise the issue of the suggestibility of his children through either 1) qualifying himself as an expert, or 2) obtaining this type of testimony from another expert. 5 Counsel’s use

Constitutionality of Regulatory Reform Legislation for Independent Agencies

Department of Justice Office of Legal Counsel · Sep 1, 1976

United States, 295 U.S. 602, 629–31 (1935), the Supreme Court held that Congress could establish a regulatory agency, in that case the FTC, and insure its independence from Executive Branch control by establishing a fixed … For the foregoing reasons, we recommend that the Department oppose the adoption of the sovereign immunity sections of S. 3308.

Farr Man and Co., Inc. v. United States

544 F. Supp. 908 · United States Court of International Trade · Jul 26, 1982

* * * Article III of the treaty between the United States and Argentina entered into in the year 1853 upon which plaintiffs rely provides: The two high-contracting parties agree that any favor, exemption, privilege, or immunity … The legislative history relating to this amendment establishes the purpose for the inclusion of this language.