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· 10/3/1983

Electro-Methods, Inc. v. United States

Citations

  • 3 Cl. Ct. 500
  • 31 Cont. Cas. Fed. 71,583
  • 1983 U.S. Claims LEXIS 1608

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • a single discrepancy fails, however, to justify 7 the wholesale dismissal of a claimant's testimony
  • the court must accept the factual allegations in the complaint 7 “as true and construe them in the light most favorable to the plaintiff”
  • “[I]t is the plaintiff’ s ‘heavy burden’ to overcome the bar of Younger abstention by setting forth more than mere allegations of bad faith or harassment.”
  • “When a party seeks an award of attorneys’ fees, that party bears 7 the burden of submitting evidence of the hours worked and the rate paid.”
  • under New York law, cause of action for breach of a repair promise accrued when the generator malfunctioned and the seller refused to make the necessary repairs
  • “In order for [petitioner] 11 to show that his attorney’s failure to file caused him actual 12 prejudice, he must make a prima facie showing that he would 13 have been eligible for the relief and that he could have made 14 a strong showing in support of his application.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Harkins

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