Case law
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Confederated Tribes of the Colville Reservation v. United States
20 Cl. Ct. 31 · United States Court of Claims · Mar 23, 1990
The plaintiffs contend that this clause, as styled, is in effect a waiver of sovereign immunity 22 under which claims must be weighed against a standard of “fairness, honor and morality.” … In that sense, the limited waiver of sovereign immunity contained in that statute is not nearly as broad as the Tribes would have us believe, and in no sense implicates navigational servitude.
Cited 12 timesPublished7 Ct. Cl. 482 · United States Court of Claims · Dec 15, 1871
; but where a claimant suing the Government is without legal redress, either because the judiciary of the United States are without adequate jurisdiction, or because the Government, as a contractor, possesses powers and immunities … On the contrary, the statute appears to me to be more clearly mandatory than any of the others.
Cited 3 timesPublished25 I. & N. Dec. 486 · Board of Immigration Appeals · Jul 1, 2011
The Court also observed that the 1957 amendment to the Act introduced a new requirement that the alien must have fled from certain areas in order to qualify as a refugee. Id. at 54-55. … Undecided Circuits The remaining circuits have not clearly decided which approach to follow. The Fifth and Eleventh Circuits have not addressed firm resettlement in a published decision.12 In Bonilla v.
Cited 24 timesPublishedLamona Dodd, Parent of S.S., a Minor v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 21, 2013
She asked to file a supplemental expert report to describe petitioner’s theory more clearly. Petitioner’s Status Report, Oct. 22, 2010, at 2. The undersigned granted petitioner’s request. … Kinsbourne further asserted that when a seizure occurs within a medically reasonable time frame after an MMR immunization, it need not be accompanied by fever to establish vaccine-related causation.
Cited 0 timesPublishedUnited States Court of Federal Claims · Mar 22, 2021
Following the “interested party” definition from AFGE, the Federal Circuit later established a two-prong test to establish standing under § 1491(b): the plaintiff must “establish that it (1) is an actual or prospective bidder … The district court’s jurisdiction derives from 28 U.S.C. § 1331 and the waiver of sovereign immunity in the APA. Id.; see also Validata Chem. Servs. v. U.S. Dep’t of Energy, 169 F. Supp. 3d 69 (D.D.C. 2016) (Moss, J.)
Cited 0 timesPublished1 Cl. Ct. 446 · United States Court of Claims · Mar 17, 1983
The last contention was that Builders, as a foreign corporation, had an obligation pursuant to 28 *451 U.S.C. § 2502 (1976), to establish reciprocity for arbitral awards in Senegal. … cost estimates from Builders to AID and the devis estimatifs from EGCAP to Builders, that “it is impossible to find that they provide clear and convincing evidence of fraud.” 6 The court found that the documents did show clearly
Cited 14 timesPublishedUnited States v. Great American Ins. Co. of Ny
791 F. Supp. 2d 1337 · United States Court of International Trade · Aug 31, 2011
The STBs clearly establish Great American’s liability as surety. … This memorandum, discussed in the Notice of Rescission, clearly communicates that a consequence of the rescission would be to establish the antidumping duty rate for the Coastal Entries at the “as entered rate.”24
Cited 10 timesPublished62 Fed. Cl. 244 · United States Court of Federal Claims · Sep 1, 2004
Clearly, the United States District Court for the District of Hawaii took plaintiffs original filing date in state court as the applicable filing date for its consideration of the statute of limitations issue. … Defendant was unable, however, to establish either that the regulations conclusively excluded plaintiff from bidding, or that plaintiff should have been aware of any possible exclusion.
Cited 61 timesPublishedJoe L. Monzingo v. Eric K. Shinseki
26 Vet. App. 97 · United States Court of Appeals for Veterans Claims · Nov 21, 2012
Shinseki, 573 F.3d 1282, 1287 (Fed.Cir.2009) (holding that it is the claimant’s general eviden-tiary burden to establish all elements of the claim). … Monzingo’s most recent hearing evaluation and acknowledged that his hearing loss was sufficiently severe to qualify as a disability for VA purposes. R. at 12. The Board also addressed Mr.
Overruled on other grounds by Euzebio v. McDonough, 989 F.3d 1305 (2021)Cited 88 timesPublished92 Fed. Cl. 327 · United States Court of Federal Claims · Apr 28, 2010
The Tucker Act concurrently “waives the Government’s sovereign immunity for those actions.” Fisher, 402 F.3d at 1172 . … If the provision relied upon is found to be money-mandating, the plaintiff need not rely upon a waiver of sovereign immunity beyond the Tucker Act. Huston v.
Cited 16 timesPublishedMantech Telecommunications & Information Systems Corp. v. United States
49 Fed. Cl. 57 · United States Court of Federal Claims · Feb 15, 2001
ManTech’s cost proposal utilized [ ] to provide qualified professionals at [ ] rates that it viewed as including realistic labor rates and fringe benefits. … This document, thus, clearly envisions that the failure to provide a qualifying resume would effect the adjectival rating received in the evaluation, but not preclude a technical proposal from being evaluated at all.
Cited 148 timesPublishedAsia Pacific Airlines v. United States
68 Fed. Cl. 8 · United States Court of Federal Claims · Oct 5, 2005
To establish standing, a protester must establish that it is an “interested party” and that it has been prejudiced. See Park Tower Mgmt., Ltd. v. … Section 4.2.2.a of the Manual requires that “[p]urchase teams must ensure that the solicitation clearly states the needs of the Postal Service and clearly communicates how proposals will be evaluated.”
Cited 35 timesPublishedCircle K Corp. v. United States
23 Cl. Ct. 659 · United States Court of Claims · Aug 2, 1991
Plaintiff’s proxy statements, news releases, and representations to shareholders regarding its “intent” clearly played no part in the court’s decision. … The court determined that stock purchased with an option to buy crude oil qualified, as a matter of law in these particular circumstances, as a legitimate hedging transaction.
Cited 38 timesPublished35 Cont. Cas. Fed. 75,674 · United States Court of Claims · Jun 13, 1989
First, it is well established that a surety who takes over a project for a defaulted contractor can seek to recover its cost from the remaining contract funds. See Carchia v. … More importantly, this section is clearly intended to protect the interests of the Government.
Cited 15 timesPublishedDarton Innovative Technologies, Inc. v. United States
United States Court of Federal Claims · Apr 19, 2021
The SBA establishes “size standards” that represent the largest size that a concern can be and still qualify as a small business for purposes of federal-government programs. See 13 C.F.R. § 121.101. … The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process.” Sys. Application & Techs., Inc. v.
Cited 0 timesPublished105 Fed. Cl. 74 · United States Court of Federal Claims · May 11, 2012
The moving party bears the burden of establishing the absence of any material fact, and any doubt over factual disputes will be resolved in favor of the non-moving party. Mingus Constructors, Inc. v. … Clearly, each airplane when acquired was not “a combination of depreciable and nondepre-ciable property.”
Cited 1 timesPublishedUnited States v. Hensel, Bruckmann & Lorbacher, Inc.
1 Cust. Ct. 591 · United States Customs Court · Aug 9, 1938
Therefore, it is our opinion that the conclusions expressed in said affidavits are not *594 'based upon any facts which, show that the affiants are qualified to express an opinion as to what is a wholesale quantity, or as … The return of the United States selling price by this court together with the finding that the United States value may be determined therefrom by deducting the statutory expenses appearing upon each invoice is clearly contrary
Cited 5 timesPublishedTom v. Secretary of the Department of Health & Human Services
22 Cl. Ct. 214 · United States Court of Claims · Dec 13, 1990
FACTS The petitioner, Manchester Tom, received four DPT immunizations as part of a series. … That section clearly states that the cap is a program total and not a petition total.
Cited 0 timesPublishedLane v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 30, 2024
Neunert is qualified to call into question the results of an epidemiologic study. The Secretary’s second challenge to Garbe appears to be the presentation of a different epidemiologic study. … Due to contradictory results, it probably cannot be said that the proposition that the flu vaccine can cause thrombocytopenia has been established 7 Garbe et al., Drug-induced immune thrombocytopaenia: results
Cited 0 timesUnpublishedNakajima All Co., Ltd. v. United States
691 F. Supp. 358 · United States Court of International Trade · Jun 22, 1988
The court, in Sierra Club , was guided by the following in its review of the agency’s delay: It is well established that, in conducting this review, “[t]he reasonableness of the delay must be judged ‘in the context of the … The statute, § 1675, presents a clearly discernible timetable imposed by Congress concerning the completion of the reviews.
Cited 13 timesPublished
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