Case law
Opinions from 1658 to today.
4,740 results
1.18s
34 Fed. Cl. 682 · United States Court of Federal Claims · Jan 19, 1996
The administrative record does not establish with precision the date on which reenlistment was denied. … To rebut that presumption, plaintiff is required to establish through “cogent and clearly convincing evidence” that the decision of the Deputy AFRB was arbitrary and capricious, unsupported by substantial evidence, or contrary
Cited 7 timesPublishedExum v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 8, 2025
Oloruntoba, or any other qualified hepatologist, is memorialized to have offered this diagnosis. … Gish was certainly qualified to offer an opinion in this case as a general matter, given his expertise in hepatology.
Cited 0 timesUnpublishedPierson 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.)
Cited 0 timesPublishedBarlow v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 14, 2020
Standards for Adjudication—Causation The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a). … And type IV is an “immune response [] initiated by antigen-specific T lymphocytes,” also called “cell-mediated immunity or T cell-mediated hypersensitivity.”
Cited 0 timesPublished127 Fed. Cl. 606 · United States Court of Federal Claims · Jul 26, 2016
Cir. 1983) (“Although the EAJA lifts the bar of sovereign immunity for award of fees in suits brought by litigants qualifying under the statute, it does so only to the extent explicitly and unequivocally provided.”); id. … Because defendant has not suggested any other grounds for establishing that the military’s failure to apply VASRD § 4.129 to qualifying service members was substantially justified, it fails to meet its burden.
Cited 7 timesPublishedDiversified 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.
Cited 0 timesPublishedQuackenbush-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.
Cited 0 timesPublishedRP1 Fuel Cell, LLC v. United States
120 Fed. Cl. 288 · United States Court of Federal Claims · Mar 31, 2015
to a particular process within an establishment.’” … In addition, the conversion equipment may be treated as an integral part of the qualified facility, even if under different ownership or at a different site, if it is established that the conversion equipment
Cited 6 timesPublishedRaytheon Company v. United States
United States Court of Federal Claims · Jun 30, 2022
[and] supplier information” which “identif[ies] Raytheon qualified or approved sources for qualified Patriot parts [and] is ‘technical data’”). … “[P]rocess sheets” are clearly technical in nature.
Cited 0 timesPublishedEilan v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 22, 2021
Kinsbourne stated that although the timing of A.E.’s fever was not typical of a post immunization fever, “the fever may have been a marker of a subacute onset of the ADEM,” and that “[t]here is no established time limit for … Kruer later clarified that the elevated liver enzymes are “of unknown significance” and do not “clearly point us away” from an ADEM diagnosis.
Cited 0 timesPublishedCottingham v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 11, 2022
However, on appeal, the Federal Circuit held that the “no evidence” determination “rests on a clearly erroneous fact finding.” Cottingham, 971 F.3d at 1345. … With respect to etiology, “[b]ased on the temporal relationship between immunization and the development of symptoms, [the authors] cannot deny the possibility that immunization with HPV vaccines may secondarily induce sympathetically
Cited 0 timesPublishedPope v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 7, 2017
Harum nevertheless continued to propose treatments for B.P. based upon the supposition that he possessed some form of immune dysfunction that his immunizations had affected. Dr. … Both of Petitioner’s experts were facially less qualified to testify on the matters in dispute than Dr. Cohen, giving me greater reason to weigh his opinions over theirs.
Cited 0 timesPublished45 Fed. Cl. 581 · United States Court of Federal Claims · Dec 2, 1999
Panhandle clearly demonstrates that such a distinction is without precedent. … As a consequence, the Additional Gas clause clearly established a mechanism by which Exxon could achieve a prohibited “increase in the price of the contract to the highest price paid to a producer for natural gas in the area
Cited 10 timesPublishedMoreno v. Secretary of the Department of Health & Human Services
65 Fed. Cl. 13 · United States Court of Federal Claims · Apr 27, 2005
Tingle, et al, Randomised Double-Blind Placebo-Controlled Study On Adverse Effects of Rubella Immunization In Seronegative Women, 349 The Lancet 1277 (May 3,1997)). … Moreno’s own condition was sufficiently serious to qualify as a basis for compensation under the Vaccine Act. Id. at *15.
Cited 5 timesPublishedMoriarty v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 5, 2014
Moriarty testified that after the surgery, Eilise had never “[spoken] so clearly or engage[d] and [paid] such close attention to anything.” Tr. 21. … Therefore, they necessarily failed to establish Althen prong 2. VI.
Cited 0 timesPublished108 Fed. Cl. 656 · United States Court of Federal Claims · Feb 6, 2013
This presumption “may only be overcome by competent medical evidence establishing by a preponderance of the evidence that the disease was clearly neither incurred nor aggravated while serving on active duty_ Such medical … Wollman was subsequently determined to be "medically qualified for scholarship retention, appointment, combat arms assignment, and Airborne/Ranger training when otherwise qualified.” AR 163-64. . The report from Mr.
Cited 10 timesPublishedAkers v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 12, 2021
Kinsbourne’s first report, A.A.’s condition resembled the child’s condition in Kottenstette, over time, A.A.’s condition became more clearly defined. … ” of the vaccinee’s immune response.
Cited 0 timesPublished62 Fed. Cl. 418 · United States Court of Federal Claims · Oct 7, 2004
The 1993 statute, established after Fabe , more clearly placed guaranty funds and policyholder claims above claims by the federal government. 17 See id. … Although neither party has indicated the reasons for the failure to qualify, both parties agree that Great Global did not qualify as an insurance company during the tax years 1984 and 1985. *421 The requirements for qualifying
Cited 2 timesPublishedCameron Lanning Cormack v. United States
122 Fed. Cl. 691 · United States Court of Federal Claims · Aug 26, 2015
A Claim Pursuant to 28 U.S.C. § 1498(a) Pursuant to 28 U.S.C. § 1498, the United States has waived sovereign immunity and granted this court exclusive jurisdiction to adjudicate patent infringement claims against … The government has waived sovereign immunity only for the compulsory taking of a non-exclusive patent license, and the government’s liability under 28 U.S.C. § 1498 diverges from private liability under 35 U.S.C. § 271:
Cited 2 timesPublishedUnited States Court of Federal Claims · Mar 7, 2019
Lack of Ambiguity of offer and acceptance is clearly established by the assignment of [Mr. … Ammon correctly recites the elements to establish a breach of contract, including the elements to establish the existence of an express contract, the Court of Federal Claims lacks jurisdiction to consider his breach-of-contract
Cited 0 timesPublished
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