Case law

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  • Savantage Financial Services, Inc. v. United States

    123 Fed. Cl. 7 · United States Court of Federal Claims · Sep 3, 2015

    “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 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … In other words, there is sufficient evidence that plaintiff “was qualified to secure the awards if they had been made the subject of” a competition. Id. at 1371.

    Cited 7 timesPublished
  • Sierra Pacific Resources & Subsidiaries v. United States

    56 Fed. Cl. 366 · United States Court of Federal Claims · Nov 21, 2002

    Once jurisdiction is challenged by the court or the opposing party, the plaintiff bears the burden of establishing jurisdiction. See McNutt v. Gen. … Rather, both forms clearly indicate the specific items Nevada Power presented for consideration by the IRS.

    Cited 3 timesPublished
  • Loeh v. United States

    74 Fed. Cl. 106 · United States Court of Federal Claims · Dec 4, 2006

    Therefore, the regulations clearly do not provide Mr. Loeh with a regulatory entitlement to separation pay. CONCLUSION Having granted Mr. … United States, 50 Fed.Cl. 718, 727 (2001) (construing a similar provision under 10 U.S.C. § 1174 (c)(2) as giving the Secretary the discretion to establish criteria under which a reservist would not be eligible for separation

    Cited 1 timesPublished
  • Martin v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 23, 2020

    Martin knew this, as clearly admitted during her testimony at hearing and set forth below. IV. … immunizations.

    Cited 0 timesPublished
  • Coleman v. United States

    116 Fed. Cl. 461 · United States Court of Federal Claims · Jun 3, 2014

    Coleman’s lack of income and absence of savings could qualify him for in forma pauperis status, his complaint is dismissed for lack of jurisdiction in this court. … Coleman’s complaint is insufficient to establish a cause of action in this court.

    Cited 5 timesPublished
  • Tanihara v. United States

    32 Fed. Cl. 805 · United States Court of Federal Claims · Feb 27, 1995

    Individuals not deemed eligible under paragraph ®) may nevertheless qualify on a case-by-case basis. 28 C.F.R. § 74.3 (c). … Thus, Congress did not express an intent that plaintiff qualify as eligible for compensation. Plaintiff does not assert that she was relocated, confined, or held in custody.

    Cited 1 timesPublished
  • Franconia Associates v. United States

    61 Fed. Cl. 718 · United States Court of Federal Claims · Aug 30, 2004

    Both appraisals will be conducted by qualified independent appraisers in accordance with FmHA ... Instruction 1922-B (available in any FmHA ... office). … Accordingly, “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery .... ” Ace-Federal Reporters, Inc. v.

    Cited 70 timesPublished
  • Transatlantic Lines LLC v. United States

    68 Fed. Cl. 48 · United States Court of Federal Claims · Sep 30, 2005

    Congress established the rule that at least fifty percent of the cost of labor on an SBA contract must participate in the contract to qualify. … United States, 61 Fed.Cl. 559, 577 (2004) (holding that "[a] movant that clearly establishes likelihood of success on the merits receives the benefit of a presumption of irreparable harm.”)(quoting Reebok Int’l Ltd. v.

    Cited 19 timesPublished
  • Macy Elevator, Inc. v. United States

    97 Fed. Cl. 708 · United States Court of Federal Claims · Apr 7, 2011

    Indiana may no more immunize itself from the Fifth Amendment than could Vermont. … The limiting clause “for the use and purposes of said Road” clearly refers to “the Railroad of said Company.”

    Cited 59 timesPublished
  • Hayes v. United States

    73 Fed. Cl. 724 · United States Court of Federal Claims · Oct 30, 2006

    In its motion to dismiss, defendant notes that plaintiffs original and amended complaints do not clearly indicate who is the intended claimant: Pat H. … “The requirement that jurisdiction be established as a threshold matter ... is ‘inflexible and without exception.’” Steel Co. v.

    Cited 4 timesPublished
  • Xia v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 30, 2025

    The clinical evidence of S.L.’s febrile infection established that she was already “clearly” in an inflamed state, and thus a preexisting infection was the most likely cause for S.L.’s condition. Id. at 170–71. … The flu vaccine clearly did not cause that initial fever.

    Cited 0 timesUnpublished
  • Davis v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 24, 2022

    To “qualify as any subtype of GBS, there must not be a more likely alternative diagnosis for the weakness.” 42 C.F.R. § 100.3(c)(15)(v). … Chaudhry maintains that a definitive diagnosis of CIDP was never established.

    Cited 0 timesPublished
  • Blinderman Construction Co. v. United States

    42 Cont. Cas. Fed. 77,210 · United States Court of Federal Claims · Nov 13, 1997

    Connor failed to satisfy rigorous qualifications clearly delineated in the contract. … None of this has been established in the case at bar.

    Cited 23 timesPublished
  • Marcum LLP v. United States

    112 Fed. Cl. 167 · United States Court of Federal Claims · Aug 2, 2013

    DISCUSSION It is well established that “‘subject-matter jurisdiction, because it involves a court’s power to hear a case, can never be forfeited or waived.’ ” Arbaugh v. … The Continuity and Payment Order did not address payment of plaintiff's subsequent vouchers *177 beyond establishing a schedule for their submission and consideration. .

    Cited 2 timesPublished
  • Barnard v. United States

    United States Court of Federal Claims · Apr 7, 2015

    It is well established that "'subject-matter jurisdiction, because it involves a court's power to hear a case, can never be forfeited or waived-"' Arbauqh v. … Barnard's income level qualifies him for in forma pauperis status, however, as discussed above, his complaint is being dismissed for lack of jurisdiction.

    Cited 0 timesPublished
  • Superior Optical Labs, Inc. v. United States

    United States Court of Federal Claims · Nov 30, 2021

    Superior qualifies as a “party” under EAJA. … But, as the billing records clearly demonstrate, Crowell staffed one partner, one counsel, and one associate on this matter.

    Cited 0 timesPublished
  • R. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 16, 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 … It was felt that it was related to an influenza immunization that he had been given and he has now gotten lifelong exemption for receiving further influenza immunizations.8 Id.

    Cited 0 timesPublished
  • Svagdis v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 11, 2022

    In attempting to establish entitlement to a Vaccine Program award of compensation for a off-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … Cir. 2007) (noting that “the government bears the burden of establishing alterative causation. . . . once petitioner has established a prima facie case”).

    Cited 0 timesPublished
  • Rosebud Sioux Tribe v. United States

    75 Fed. Cl. 15 · United States Court of Federal Claims · Jan 5, 2007

    The court noted that even if the land qualified for a National Registry listing, that alone would not require the preparation of an EIS. Id. at 1212 . … The waiver of sovereign immunity in the lease is also alleged to be a breach of fiduciary duty.

    Cited 1 timesPublished
  • Lublin Corp. v. United States

    84 Fed. Cl. 678 · United States Court of Federal Claims · Dec 3, 2008

    Waivers of sovereign immunity cannot be implied but “must be unequivocally expressed,” Lane v. … (HVH), which established HVH as the prime contractor to HUD for managing, marketing, and overseeing the sale of HUD-owned single family homes in Pennsylvania.

    Cited 12 timesPublished

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