Case law

Gurr v. Secretary of Health & Human Services

37 Fed. Cl. 314 · United States Court of Federal Claims · Jan 17, 1997

. § 300aa-ll(c)(l)(C)(i), and that petitioners still had been unable to produce a qualified medical expert who could testify that DPT vaccination was the cause-in-fact of Curtis’ death. … In sum, the special master’s disregard of and failure to consider relevant evidence, argue petitioners, constitutes an irrational and clearly erroneous exercise of judgment that should be reversed by this court.

Lissak v. United States

49 Fed. Cl. 281 · United States Court of Federal Claims · Apr 17, 2001

The Supreme Court has called the fourth exception a broad principle, one that clearly and explicitly states that a differential based on any factor other than sex is not a violation of the Act. … This is so even when the more senior employees are more qualified than newer employees, a circumstance not present in our case. See Aetna, 616 F.2d at 723 . In EEOC v.

Whitney Benefits, Inc. v. United States

30 Fed. Cl. 411 · United States Court of Federal Claims · Feb 10, 1994

Clearly that would be ambiguous as federal law discusses many different interest rates in varying contexts. … CDA actions are premised on the Tucker Act’s waiver of sovereign immunity. The protections of the fifth amendment, however, are not so dependent.

Morgan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 17, 2020

trigger the immune system to injure the nervous system.” … According to this theory, bacteria “triggers an immune system and then the immune system attacks the heart and the brain, as well as the joints.” Id. at 39:20–23. Dr.

Acevedo v. United States

121 Fed. Cl. 57 · United States Court of Federal Claims · Apr 29, 2015

The Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages (United States v. Mitchell, 463 U.S. 206, 215 (1983)), but it does not confer any substantive rights. United States v. … In fact, it specifies that an agency head may consider the availability of agency funds when deciding whether or not to grant danger pay, an authority clearly inconsistent with the notion that the DSSR mandates that danger

Anderson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 8, 2014

It must establish that the disclosure would constitute a clearly unwarranted invasion of that person’s personal privacy. … Since § 12(d)(4)(A) qualifies as a withholding statute under exemption 3 (see FOIA § 552(b)(3)), the information qualified for protection under exemption 3. This was the primary holding in Long, 778 F.

Advanced Concepts Enterprises, Inc. v. United States

United States Court of Federal Claims · Feb 26, 2019

Having concluded that ACEs had not established that NAICS code 541715 was clearly erroneous for this RFP, OHA stated that “it is unnecessary to consider the NAICS code [ACEs] advocates.” AR 3892. … Second, ACEs claim that it could partner with subcontractors to meet CLIN 006 requirements, without more details, is not sufficient to establish that ACEs is qualified.

Cordova v. United States

123 Fed. Cl. 685 · United States Court of Federal Claims · Oct 9, 2015

Although plaintiff asserts, with respect to General Sevier’s property, “that the title and right to his purchased lands were clearly proven,” plaintiffs complaint does not allege that General Sevier or his sons ever made … Cor-dova’s self-reported income’ and holdings might qualify him for in forma pauperis relief, his complaint is being dismissed for lack of jurisdiction for the reasons discussed above.

Sab Construction, Inc. v. United States

66 Fed. Cl. 77 · United States Court of Federal Claims · Jun 10, 2005

Again, such injury must be established with “reasonable certainty”. Id. However, “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Locke v. … The plaintiff argues that such uses qualify these costs as allowable contract administration costs under the contract.

Dominguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 19, 2018

Checkpoint inhibitors are a form of cancer treatment that allows immune cells to attack cancer cells by having them bypass internal “brakes” that limit what the immune cells consider foreign. … By filing a report that relied on mischaracterizations, statements that she was not qualified to make, and misdirection, Ms. Mikovits wasted the resources of the Vaccine Program.

Lamare v. Secretary of Health and Human Services

123 Fed. Cl. 497 · United States Court of Federal Claims · Oct 27, 2015

(citing 42 U.S.C. § 300aa-12(c)(1) (“There is established within the United States Court of Federal Claims an office of special masters.”)). … No. 99-483, at 17-18 (1986) (The Senate Committee “believes that information regarding the adverse reactions to childhood vaccines including locality and State of immunization, date of the vaccination, information concerning

Riggs v. Secretary of the Department of Health & Human Services

40 Fed. Cl. 440 · United States Court of Federal Claims · Feb 3, 1998

These established facts meet the “significantly decreased level of consciousness” criterion of the regulations. … Respondent bases this argument upon a provision of the regulation providing that “sleepiness” does not qualify as sign of an encephalopathy. 42 C.F.R. § 100.3 (b)(2)(i)(E).

Switzer v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 27, 2022

Feider more likely had a secondary immune response because of pre-existing immunity from receiving the vaccines previously. … Other studies have established that an immune-mediated necrotizing myopathy (IMNM) and subsequent renal damage can occur related to statin/fibrate therapy or influenza infection, but the precise mechanism with infection is

V. v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 11, 2022

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … of the elements established by the Federal Circuit in Althen.

Southern California Federal Savings & Loan Ass'n v. United States

52 Fed. Cl. 444 · United States Court of Federal Claims · Apr 25, 2002

Motion to Intervene RCFC Rule 24, which establishes intervention requirements, distinguishes between intervention of right and permissive intervention. … For purposes of this discussion, precision requires that the distinction between these ideas be clearly drawn.

Banfi Products Corp. v. United States

40 Fed. Cl. 107 · United States Court of Federal Claims · Nov 26, 1997

The hearing officer qualified Dr. Flamm as an expert in toxicology and food safety. According to Dr. … Also, the plaintiff cannot escape the fact that two Riunite wines, Rosato and Lambrusco dell' Emilia, contained DEG in quantities that clearly are a potential health hazard.

Housing Authority of the City of Slidell

United States Court of Federal Claims · Jul 27, 2020

In sum, the FAC clearly alleges a contract with the government. … Rep. at 3 n.1, and, in any event, the FAC and the documents filed with the Court clearly establish that the HACS ACC is a government contract. See ECF Nos. 20-1, 20-2, 28-1, 29-1.

Gravenstein 116, LLC v. United States

United States Court of Federal Claims · Jan 30, 2026

his Court should consider the meaningful distinction between the ERC, refundable portion[s] of which acts as a non-tax refund of wages paid by an eligible employer, and the types of credits and deductions section 280E clearly … Contrary to Plaintiff’s argument, it is well-established that refundable tax credits are still tax credits subject to restrictions in the Internal Revenue Code.

RhinoCorps Ltd. v. United States

87 Fed. Cl. 481 · United States Court of Federal Claims · May 15, 2009

(FAR) § 52.219-6 (2000), setting aside acquisitions for qualifying small businesses. … The Federal Circuit has prescribed the factual showing that will qualify a protestor as an interested party. A plaintiff seeking to establish standing as an actual bidder must have bid or made an offer. Rex Serv.

Webster v. United States

90 Fed. Cl. 107 · United States Court of Federal Claims · Nov 30, 2009

The Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages, but a plaintiff must establish an independent substantive right to money damages from the United States, that … The years 1968, 1976, and 1985 are all clearly outside of the six-year statute of limitations.