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Library of Congress Vs. Shaw
Cites for this judgment
- US Supreme Court
- Jul 01, 1986
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U.S. 310 (1986) U.S. Supreme Court Library of Congress v. ShawSearch
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U.S. 310 (1986) Library of Congress v. ShawSearch
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delay in receiving payment for the legal services rendered. Id. at 68a. The District Court, relying on Copeland v. MarshallSearch
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interest on attorney's fees may be recovered. 241 U.S.App.D.C. at 361, 747 F.2d at 1475. See, e.g., Chrapliwy v. UniroyalSearch
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rates in order to compensate for delay, or use of historical rates that were based on expected delay, see Murray v. WeinbergerSearch
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See De Havilland v. BowerbankSearch
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Calton v. BraggSearch
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and McGregor On Damages 281 (1961). In turn, the agreement-basis of interest was adopted by American courts. See Reid v. RensselaerSearch
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United States. As sovereign, the United States, in the absence of its consent, is immune from suit. See United States v. SherwoodSearch
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award of interest was affirmatively and separately contemplated by Congress. See, e.g., United States ex rel. Angarica v. BayardSearch
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United Page 478 U. S. 316 States v. VerdierSearch
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codifies the traditional legal rule regarding the immunity of the United States from interest. See, e.g., Tillson v. UnitedSearch
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United States v. N.YSearch
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United States v. TillamooksSearch
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United States v. LouisianaSearch
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U. S. 253 , 446 U. S. 264 -265 (1980), quoting Smyth v. UnitedSearch
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See United States v. SiouxSearch
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has waived the immunity of the United States, we must construe waivers strictly in favor of the sovereign, see McMahon v. UnitedSearch
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Ruckelshaus v. SierraSearch
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Club, 463 U. S. 680 , 463 U. S. 685 -686 (1983), quoting Eastern Transportation Co. v. UnitedSearch
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private party, Congress waived the Government's immunity from interest. We do not agree. See Boston Sand & Gravel Co. v. UnitedSearch
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to liability only as a plaintiff for the fees of certain prevailing defendants. See Christiansburg Garment Co. v. EEOCSearch
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to preserve Page 478 U. S. 320 certain immunities that the United States has enjoyed historically. In Laird v. NelmsSearch
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States nonetheless was not liable for the entire range of conduct classified as tortious under state law. Cf. Lehman v. NakshianSearch
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See Tillson v. UnitedSearch
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pay interest where the Constitution mandates payment under the Just Compensation Clause. See Seaboard Air Line R. Co. v. UnitedSearch
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United States v. MescaleroSearch
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claims grounded on the belated receipt of funds, even when characterized as compensation for delay. See United States v. ShermanSearch
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See Saunders v. ClaytonSearch
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Blake v. CalifanoSearch
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decisions, when they adjust for the time of payment, grant interest or a delay factor, but not both. See, e.g., Brown v. GilletteSearch
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Black Gold, Ltd. v. RockwoolSearch
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Kennelly v. LemoiSearch
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includes a payment for interest. See, e.g., Smyth v. UnitedSearch
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Albrecht v. UnitedSearch
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off the cloak of sovereignty and assumed the status of a private commercial enterprise. See, e.g., Standard Oil Co. v. UnitedSearch
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Franchise Tax Board of California v. UnitedSearch
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Id. at 16 (emphasis added). See also Chandler v. RoudebushSearch
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award of interest against the United States in the absence of an express waiver of the rule. In both Standard Oil Co. v. UnitedSearch
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States, 267 U. S. 76 (1925) (Holmes, J.), and United States v TheSearch
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Johnson v. UniversitySearch
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Louisville Black Police Officers Org., Inc. v. LouisvilleSearch
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Chrapliwy v. UniroyalSearch
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Laffey v. NorthwestSearch
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Brown v. GilletteSearch
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U.S. Supreme Court Library of Congress v. ShawSearch
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Copeland v. MarshallSearch
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