Case law

Keim v. United States

33 Ct. Cl. 174 · United States Court of Claims · Jan 3, 1898

But if not, the facts requested by the claimant and refused to-be found by the court, though set out in extenso, because not deemed relevant to the issue, clearly do. … establish the claimant’s efficiency as a clerk, and that being so, he must have been “equally qualified” as matter of fact with those so retained.

Canadian Reynolds Metals Co. v. United States

28 Ct. Int'l Trade 541 · United States Court of International Trade · Apr 23, 2004

As a sovereign entity, the United States is immune from suit unless it consents to be sued. United States v. Mitchell, 445 U.S. 535, 538 (1980) (quoting United States v. Sherwood, 312 U.S. 584, 586 (1941)). … . § 1581(a) constitutes an explicit waiver of immunity by the United States. US JVC Corp. v. United States, 22 CIT 687, 694, 15 F. Supp. 2d 906, 913 (1998).

Allen v. Commissioner

29 T.C. 465 · United States Tax Court · Dec 19, 1957

This language of the report is in accord with the established rule that niceties of local property law which represent mere formalisms or historic survivals without substantive significance cannot determine the incidence … The phrase “power of disposal,” as used by the testator, is clearly intended to be merely a reference to the power of appointment in the will and is, therefore, the same interest.

Skf USA Inc. v. United States

502 F. Supp. 2d 1325 · United States Court of International Trade · Jul 26, 2007

SKF’s certified qualifying expenditures represent 2.9699% of the total qualifying expenditures for this Commerce Case No. A-588-804. … Customs asserts that a decision not to take enforcement action is immune from judicial review pursuant to 5 U.S.C. § 701(a)(2). See id.

Glasgow Associates v. United States

495 F.2d 765 · United States Court of Claims · Feb 20, 1974

One of the functions of this division was to review the three lowest bids for a construction contract and to recommend award to the lowest qualified bidder. … We reject, however, this effort to delimit defendant’s sovereign act immunity.

Canpro Investments, Ltd v. United States

120 Fed. Cl. 17 · United States Court of Federal Claims · Jan 29, 2015

Cl. 315, 324 (1994) (finding plaintiff’s submission regarding leasehold dispute sufficient to qualify as a “claim,” but dismissing case for failure to submit a minimally adequate and curable certification). … See, e.g., Compl. ¶ 31(A) (averring that plaintiff “can establish a private nuisance against [the government]”). Nuisance is a tort, see Commonwealth Edison Co. v. United States, 271 F.3d 1327, 1353 (Fed.

SANCHEZ SOSA

25 I. & N. Dec. 807 · Board of Immigration Appeals · Jul 1, 2012

(2) To establish prima facie eligibility for a U nonimmigrant visa, an alien must have suffered substantial physical or mental abuse as the innocent victim of a qualifying crime for which the alien has been, is being … . § 214.14(a)(14)(iii) (“A person who is culpable for the qualifying criminal activity being investigated or prosecuted is excluded from being recognized as a victim of qualifying criminal activity.”).

Marsh & McLennan Companies, Inc. v. United States

50 Fed. Cl. 140 · United States Court of Federal Claims · Aug 6, 2001

Sovereign immunity Defendant inveighs that sovereign immunity prohibits an award of interest on the overpayment in this ease, reciting the well-settled rule that “[i]n the absence of express congressional consent to the award … of interest separate from a general waiver of immunity to suit, the United States is immune from an interest award.”

Bivens v. United States

12 Cl. Ct. 727 · United States Court of Claims · Jul 14, 1987

Bivens was not qualified for full duty and that an altered fitness work assignment was recommended. … Under these circumstances, this Court is bound by the precedent established by the Federal Circuit in Thomas. South Corp. v.

United States v. Choctaw Nation

38 Ct. Cl. 558 · United States Court of Claims · Apr 27, 1903

These provisions, relative to the freedinen, are previously qualified as to their holdings of such lands by this clause in the statute— “To be selected, held, and used by them until their rights under said treaty shall be … For the purpose of making allotments and designing-homesteads hereunder, the forty-acre or quarter-quarter subdivisions established by the Government survey may be dealt with as if further subdivided into four equal parts

Martin v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 8, 2020

McCusker was a far more qualified immunologist than Dr. Levin, and provided testimony I found significantly more persuasive. See also Copenhaver v. … He ultimately could not ground his opinion in sufficient reliable scientific or medical evidence establishing the pathologic role of innate immune system-upregulated cytokines in the context of SUDC.

Northrop Grumman Computing Systems, Inc. v. United States

99 Fed. Cl. 651 · United States Court of Federal Claims · Jun 23, 2011

The plaintiff must establish that the court has subject matter jurisdiction over its claims. Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988); Klamath Tribe Claims Comm. v. … While that section allows for assignments to a “financing institution of money due or to become due under a contract,” 31 U.S.C. § 3727 (e), and ESCgov arguably qualifies as such an institution, Northrop admits that it did

Heller v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2023

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Steinman further opined: “Onset of significant deterioration occurred within about 3 weeks after the Pentacel immunization or four weeks from the influenza and Prevnar 13 immunizations.”

Aleman Food Services, Inc. v. United States

37 Cont. Cas. Fed. 76,199 · United States Court of Claims · Oct 11, 1991

Such an argument is difficult to sustain against the United States, given the doctrine of sovereign immunity. Fortunately for the court, no such evaluation need be undertaken here. … Moreover, when those duties assigned by the bylaws to the Secretary and those assigned to the Treasurer are taken together, they clearly describe an individual who, when performing both jobs, clearly does have broad corporate

Hulsart v. United States

86 F. Supp. 902 · United States Court of Claims · Nov 7, 1949

We think where, as in this case, the change in designation was regular and clearly established, the employee’s wishes should govern. … We think, therefore, that a clearly established designation, evidenced by a manifest intent and complying with the requirements of such designation, should be recognized. Coleman v.

Dubsky v. United States

98 Fed. Cl. 703 · United States Court of Federal Claims · Jun 16, 2011

Discussion As sovereign, the United States is immune from suit except to the extent it consents othei-wise and any statutory waiver of sovereign immunity will be strictly construed. See Collins v. … A waiver of sovereign immunity to permit a suit for money damages and confer jurisdiction upon a court must be explicit. Id.

Aston v. Comm'r

109 T.C. 400 · United States Tax Court · Dec 4, 1997

the establishment of agency offices there. … The evidence before us clearly establishes that deposits at BCCI, S.A., its IOMB, and its Los Angeles agency office were not insured under Federal or State law.

Johnson v. United States

94 Ct. Cl. 175 · United States Court of Claims · Apr 7, 1941

In the event, however, that qualified workers are not furnished by the union locals within 48 hours (Sundays and holidays excluded) after request is filed by the employer, such labor may be chosen from lists of qualified … perform the work or to conform to the record or ruling, and, within ten (10) days after the date of receipt of the written instructions or decision, he shall file a written protest with the contracting officer, stating clearly

Dinh v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 11, 2022

Bellanti had neglected to note that, as the record established, C.N.’s AD began prior to his immunizations. First Rachelefsky Rep. at 16. … establishing preponderance.

Harmonia Holdings Group, LLC v. United States

United States Court of Federal Claims · Oct 9, 2019

Thus, in addition to establishing that it would have competed for the sole-source bridge contract, a protestor must also “show that it would have been a qualified bidder.” … Cl. at 724 (A protestor’s “status as a qualified bidder that had a substantial chance of contract award in a hypothetical competitive procurement may be established by material before the agency at the time of the sole-source