Legal Opinion
Richard L. Thoen v. The United States
Court of Appeals for the Federal Circuit
Decided June 26, 1985No. Appeal 85-672PublishedCited by 137 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
The main issue is whether the United States Claims Court erred when it (1) entered summary judgment dismissing a portion of Thoen’s complaint without notice of its intention to do so at a point in the proceeding when only a partial motion to dismiss on jurisdictional grounds was pending, and (2) entered summary judgment sua sponte as to the remainder of Thoen’s complaint. 5 Cl.Ct. 823 (1984) (Lydon, J.). We hold that the applicable Claims Court Rules require that a party be given both notice of a court’s intention to consider entry of summary judgment and adequate…
2Cases cited13 opinions
- James B. Stanley v. Central Intelligence Agency United States Department of Defense U.S. ArmyCourt of Appeals for the Fifth Circuit · 1981
- W.M. Schlosser Co. v. United StatesCourt of Appeals for the Federal Circuit · 1983
- Essex Electro Engineers, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1985
- Tecom, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
- W. H. Moseley Co. v. United StatesUnited States Court of Claims · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by137 opinions
- Gray v. United StatesUnited States Court of Federal Claims · 2005
- Trevino v. General Dynamics Corp.Court of Appeals for the Fifth Circuit · 1989
- The United States v. Grumman Aerospace CorporationCourt of Appeals for the Federal Circuit · 1991
- Easter v. United StatesCourt of Appeals for the Federal Circuit · 2009
- Hampel v. United StatesUnited States Court of Federal Claims · 2011
132 more not listed; retrieve them via the Exa API.