Case law

Alder Terrace Inc. v. United States

39 Fed. Cl. 114 · United States Court of Federal Claims · Sep 4, 1997

This court established in Anaheim Gardens v. United States, 33 Fed. … This argument is unavailing to plaintiffs, since clearly the facts of this case do not merit consideration of that doctrine.

J v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 2, 2021

s immunization history due to reports of TM following receipt of the Hepatitis B vaccine. Id. at 231. Dr. … IVIG therapy is used to treat immune system disorders. During an IVIG treatment, immunoglobulin (a combination of antibody proteins) is injected into the body to help the immune system fight off infections.

Tanya L. Towne v. United States

113 Fed. Cl. 87 · United States Court of Federal Claims · Oct 18, 2013

The resulting law ensures that disabled service members qualify for certain minimum severance payments, even if their service time would otherwise have been insufficient to qualify them for those payments under the general … Yet this particular conflict would clearly fall under the DoD’s definition of “combat-related operations,” as it would qualify as either a “riot, or any other action in which service members are engaged with a hostile or

Dotson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 26, 2024

Dotson filed a document from the Kentucky Immunization Registry, showing she received the flu and Covid-19 vaccinations on December 16, 2021. Exhibit 10. Ms. … absence of an express medical opinion on causation is not necessarily dispositive of whether a claim has reasonable basis, especially when the case is in its early stages and counsel may not have had the opportunity to retain qualified

Amergen Energy Co. v. United States

113 Fed. Cl. 52 · United States Court of Federal Claims · Oct 8, 2013

One fund is a “qualified” fund, the other is a “non-qualified” fund. 7 For TMI-1, at the time of purchase the qualified fund was valued at $132,934,830 and the non-qualified fund was valued at $168,667,515. Id. … One fund is a qualified fund, the other is a non-qualified fund.

Lax Electronics, Inc. v. United States

United States Court of Federal Claims · Jun 10, 2021

Second, Automatic alleged that DLA violated FAR § 9.205(a) by not allowing Automatic sufficient time to re-qualify for the QPL and by failing to give notice of DLA’s intent to establish a qualification requirement, including … The Federal Circuit in Hamlet provided four factors to establish whether a promulgating agency intended to establish a binding rule: “(a) whether the language of the provision is mandatory or advisory; (b) whether the provision

HAM Investments, LLC v. United States

89 Fed. Cl. 537 · United States Court of Federal Claims · Sep 30, 2009

The burden of establishing jurisdiction falls upon the plaintiff. FW/PBS, Inc. v. … Plaintiff has not established that it is “(1) a qualified finane[ing] institution; [and] (2) loaned money or at least made money available for the performance of the [underlying] contract.” Am. Nat’l Bank & Trust Co. v.

Melwood Horticultural Training Center, Inc. v. United States

United States Court of Federal Claims · May 21, 2021

or a qualified nonprofit agency for other severely disabled in accordance with regulations of [AbilityOne] and at the price [AbilityOne] establishes if the product or service is available within the period required by the … The Circuit went further, however, clearly stating that “[t]he same policy underlying B/ue & Gold supports its extension to all pre- award situations.” /d. at 1382.

Common Ground Healthcare Cooperative v. United States

United States Court of Federal Claims · Apr 17, 2018

In conjunction with these reforms, the Act provided for the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health plans” by individuals … Adequacy In addition to establishing numerosity, commonality, and typicality, a putative class representative must establish that it will “fairly and adequately protect the interests of the class.”

Spencer v. United States

98 Fed. Cl. 349 · United States Court of Federal Claims · Apr 14, 2011

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

G. v. Secretary of Health and Human Services

United States Court of Federal Claims · May 3, 2022

We know that immune cells and the chemicals they secrete can cross the epithelial barrier into the brain. … It is well-established that this statute is to be applied objectively.

Advanced American Construction, Inc. v. United States

111 Fed. Cl. 205 · United States Court of Federal Claims · Jun 5, 2013

First, as noted above, the IFB clearly sets forth the responsibility standards that apply in this case, and those standards do not include the experience requirements described above. … In addition, the Corps identified seven qualified 8(a) firms through its own independent research.

Arter v. United States

United States Court of Federal Claims · Dec 4, 2025

the following year.”); [ECF 28] at 5 (“What Defendant failed to acknowledge and discuss with this Court is [that] section (b)(1) of [§] 5307 [] clearly states that Mr. … Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.”).

Pierson v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2022

Rickman observed that petitioner “clearly [had] back pain which [was] somewhat intractable…although [he] [did] not see[] evidence of any more immediate or acute pathology.” (Id.) … This is most clearly demonstrated in the case of Campylobacter jejuni. (Tr. at 170; Nakos et al., supra, Ex. 40, p. 1; Burns, supra, Ex. D, Tab. 1, p. 4.)

Gilham v. United States

United States Court of Federal Claims · Jan 23, 2023

The waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” … The Federal Circuit applied that standard to find that the underlying statute at issue in Inter-Tribal Council was money- mandating because it “clearly establishes fiduciary obligations of the Government in the management

Quackenbush-Baker v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 9, 2018

He explained that the immune system tends to mount a stronger response against a dominant epitope. That immune response may spread and attack other components of the protein. Tr. 27-28. Thus, Dr. … Due to the development of memory B and T cells during the primary immune response, the latency between subsequent exposure to an antigen and the immune response is usually shorter. Id.

Hanford v. United States

63 Fed. Cl. 111 · United States Court of Federal Claims · Nov 23, 2004

necessary to establish a taking under the Fifth Amendment. … The term “extraordinary,” as construed by the courts, clearly excludes plaintiffs delay claim.

Diversified Group Incorporated v. United States

United States Court of Federal Claims · Aug 26, 2015

The threshold issue before the court is whether plaintiffs can establish this court’s jurisdiction. … There are limited circumstances in which a tax can be considered divisible and thus qualify as an exception to the full payment rule.

Contracting Consulting Engineering LLC v. United States

103 Fed. Cl. 706 · United States Court of Federal Claims · Mar 12, 2012

necessary to demonstrate that their proposed PM and DPM had the required number of years of experience in each qualifying position. … Consequently, the qualified labor pool necessarily is limited, increasing the value of plaintiffs employees.

Conway v. United States

50 Fed. Cl. 273 · United States Court of Federal Claims · Aug 22, 2001

Clearly, some inquiry on his part was in order given that the amount of tax benefit he claimed — $24,246—was almost twice his $12,500 investment in the partnership. 6 Indeed, any reasonable person concerned with compliance … Clearly, it is not: the risks attendant to litigation — and the reason for pursuing a compromise in the first instance — were significantly altered in the Commissioner’s favor by that decision.