Legal Opinion
Hermes Consolidated, Inc. v. United States
United States Court of Federal Claims
Decided November 3, 2003No. 02-1460 CPublishedCited by 15 opinions
1Opinion of the Court
OPINION AND ORDER
BLOCK, Judge.
Before this court is the issue of how to apply the venerable equitable doctrine of waiver. As a bedrock of the Anglo-American law of equity, “waiver” has been defined as an “intentional relinquishment or abandonment of a known right or privilege.” E.g., Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). Once a litigant fails to timely pursue or defend a known claim, equity forbids a court from enforcing the right seeking to be vindicated, and the action is thereby dismissed.
What exactly constitutes “knowledge” of a right, the failure of…
2Cases cited41 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- Lambert v. CaliforniaSupreme Court of the United States · 1958
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
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3Cited by15 opinions
- Tesoro Hawaii Corporation, Tesoro Alaska Company and Hermes Consolidated, Inc., D/B/A Wyoming Refining Company v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Klamath Irrigation District v. United StatesUnited States Court of Federal Claims · 2005
- Mexican Intermodal Equipment S.A. de C.V. v. United StatesUnited States Court of Federal Claims · 2004
- Federal Group, Inc. v. United StatesUnited States Court of Federal Claims · 2005
- Insurance Co. of the West v. United StatesUnited States Court of Federal Claims · 2011
10 more not listed; retrieve them via the Exa API.