Legal Opinion

Kim v. United States

United States Court of Federal Claims

Decided September 8, 2000No. 99-199 CPublishedCited by 11 opinions

1Opinion of the Court

OPINION

DAMICH, Judge.

I. Introduction

This military pay case comes before the Court on Defendant’s motion to dismiss for lack of jurisdiction pursuant to Rule 12(b)(1) of the Court of Federal Claims (RCFC) or, in the alternative, for failure to state a claim upon which relief can be granted pursuant to RCFC 12(b)(4). Defendant contends that this Court lacks jurisdiction to consider Plaintiffs claims because Plaintiff voluntarily resigned from the Army. In the alternative, Defendant argues that Plaintiffs complaint is nonjusticiable because it challenges the substance of the Army’s decisions.…

2Cases cited16 opinions

  1. Colonel David W. Palmer, II v. United StatesCourt of Appeals for the Federal Circuit · 1999
  2. Terrence L. Adkins v. United StatesCourt of Appeals for the Federal Circuit · 1996
  3. Christie v. United StatesUnited States Court of Claims · 1975
  4. Elias Covington v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1984
  5. Felix E. Perez v. United StatesCourt of Appeals for the Federal Circuit · 1998

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Veitch, D. Philip v. England, Gordon R.Court of Appeals for the D.C. Circuit · 2006
  2. Flowers v. United StatesUnited States Court of Federal Claims · 2008
  3. Wilson v. McHughDistrict Court, District of Columbia · 2012
  4. Sinclair v. United StatesUnited States Court of Federal Claims · 2005
  5. Lynn v. United StatesUnited States Court of Federal Claims · 2003

6 more not listed; retrieve them via the Exa API.

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