Case law
Opinions from 1658 to today.
4,740 results
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30 Fed. Cl. 296 · United States Court of Federal Claims · Jan 5, 1994
Subsequently, plaintiff was assigned to Physical Risk Category 5 (not physically qualified/suitable for retention in Naval service by reason of injuries from accident). … The AS failed to establish that the BCNR findings were not supported by the record.
Cited 11 timesPublishedUnited States Court of Federal Claims · Oct 15, 2024
Moreover, Plaintiff claims that immunity is invalid under 42 U.S.C. § 1983 and other statutes, and that these purported “[v]iolations of law are legally unassailable due to precedents (violations of law) established by … Feb. 4, 2008) (“The OPA does not contain a waiver of the government’s sovereign immunity from suit.”).
Cited 0 timesPublishedTulsa Airports Improvements Trust v. United States
120 Fed. Cl. 254 · United States Court of Federal Claims · Feb 10, 2015
The Act waives sovereign immunity, allowing a claimant to sue the United States for monetary damages. United States v. Mitchell, 463 U.S. 206, 212 (1983). … Napolitano, 700 F.3d 733, 740 (4th Cir. 2012) (“Congress clearly expressed its intention that any legal challenge to a § 46110 order, including a proceeding like the one at bar, be brought in the first instance in a court
Cited 3 timesPublishedClark v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 3, 2020
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 … Upon review, the medical records and the limited medical literature submitted are insufficient to establish entitlement.
Cited 0 timesUnpublishedIntroini v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 14, 2022
She argued that a case-series, risk-interval, or case-centered analysis would be more useful here, where the adverse event (TM) is “abrupt in onset, clearly defined, occur[s] relatively soon after vaccination, ha[s] a limited … Standards for Adjudication The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a).
Cited 0 timesPublishedMcDonald v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 2, 2021
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 … See Ex. 12 at 10 (M.G.M. was “seen previously in the neurology clinic due to seizure like activity that occurred after pertussis immunization.”). Furthermore, Dr.
Cited 0 timesPublishedP.S. v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 2, 2022
Gewin noted a possible immune response to the vaccines, including arthralgias and allergic dermatitis that had since resolved. Id. … Petitioner reported his symptoms developed subsequent to “initiation of an immunization series with Hepatitis B vaccine.” Id.
Cited 0 timesPublishedAtchison, Topeka & Santa Fe Railway Co. v. United States
61 Fed. Cl. 501 · United States Court of Federal Claims · Aug 6, 2004
The Supreme Court held that this tax scheme violated the intergovernmental tax immunity doctrine. Davis v. Mich. Dep’t of Treasury, 489 U.S. 803 , 109 S.Ct. 1500 , 103 L.Ed.2d 891 (1989). … Clearly, there was some confusion concerning whether contributions should be included in the taxable wage base.
Cited 2 timesPublished103 Fed. Cl. 92 · United States Court of Federal Claims · Jan 24, 2012
The Tucker Act establishes and limits the jurisdiction of the United States Court of Federal Claims (Court of Federal Claims). 28 U.S.C. § 1491 (2006). … The court will transfer a case when a plaintiff articulates a clearly stated and non-frivolous complaint. See Phang v.
Cited 5 timesPublishedDuncan v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 17, 2020
He links abnormally folded proteins to endoplasmic reticulum stress, although this link is not articulated clearly. … Joseph appears entirely qualified to discuss chronic pain in a pediatric population, Dr. Joseph does not connect his experience in treating chronic pain to an ability to opine on the etiology of PANDAS.
Cited 0 timesPublishedVensure Hr, Inc. v. United States
United States Court of Federal Claims · Feb 15, 2023
This court and others have held that § 1927 “is not a waiver of sovereign immunity.” Cockerham v. United States, 140 Fed. Cl. 121, 127 (2018) (citing cases). … This court has held, however, that § 1927 “is not a waiver of sovereign immunity” against the United States. Cockerham, 140 Fed.
Cited 0 timesPublishedLivingston v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 17, 2015
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 … Ricciardi over two and a half years of D.L.’s care that chronicled D.L.’s pediatric visits, including his immunization history, plus D.L.’s New Jersey State Personal Immunization Record. Pet. at 5.
Cited 0 timesPublishedOmniplex World Services Corp. v. United States
105 Fed. Cl. 706 · United States Court of Federal Claims · Aug 1, 2012
To establish that a plaintiffs “direct economic interest” is affected in the post-award bid protest context, a plaintiff “must show it would have been ‘a qualified bidder,’ i.e., that it had a ‘substantial chance’ of being … Plaintiff argues that OPM’s “indefensible technical evaluation was clearly prejudicial to OMNI-PLEX.”
Cited 6 timesPublishedDiponziano v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 26, 2025
Hyzy supported his conclusion with the Haber post-licensure surveillance study and noted that the article and the facts therein “clearly establish a causal relationship between the vaccination with Prevnar-13 and the onset … Callaghan concluded that “petitioner clearly has the constellation of symptoms” for a URI and that “her providers correctly diagnosed with a URI.” Id. at 330.
Cited 0 timesUnpublished89 Fed. Cl. 363 · United States Court of Federal Claims · Sep 11, 2009
To qualify, the defense “has to be clearly indicated and must appear on the face of the pleading to be used as the basis for the motion.” Id.; see also Richmond, Fredericksburg & Potomac R.R. Co. v. … Plaintiffs clearly state in their amended complaint that: “Larson paid the tax for his 1986 tax return in 1987.”
Cited 16 timesPublished50 Fed. Cl. 368 · United States Court of Federal Claims · Sep 17, 2001
LaFrance’s familiarity with the property and with the local real estate market as a result of his 1993 appraisal make him uniquely qualified to address changes in that market during the subsequent 17-month period. … In addition to the fact that later-promulgated procedures clearly do not govern earlier transactions, the procedures were not “binding" in the sense that a failure to comply with them would not alone have proven that the
Cited 4 timesPublishedUnited States Court of Federal Claims · Aug 9, 2021
The regulations establish that the taxpayer bears the risk if the postmark does not qualify: If the postmark does not bear a date on or before the last date, or the last day of the period, prescribed for … The Treasury has since established by regulation the exclusive means of proving delivery. 26 C.F.R. § 301.7502-1(e)(2)(i).
Cited 0 timesPublished96 Fed. Cl. 70 · United States Court of Federal Claims · Jan 1, 2011
United States, 566 F.3d 1358, 1360 (Fed.Cir.2009) (“waivers of the United States’s sovereign immunity are to be construed narrowly”). … The sur-reply does not qualify as a motion under RCFC 56; no cross-motion for summary judgment is pending. .
Cited 4 timesPublishedThree S Consulting v. United States
104 Fed. Cl. 510 · United States Court of Federal Claims · Apr 27, 2012
in ATA is limited to situations where a plaintiff can demonstrate that the government’s procurement violation prevents an otherwise qualified contractor from consideration and from establishing standing. … been re-competed on an unrestricted basis because no qualified offerors participated.”
Cited 98 timesPublishedGuam Industrial Services, Inc. v. United States
122 Fed. Cl. 546 · United States Court of Federal Claims · Aug 3, 2015
Sols., Inc., 539 F.3d at 1344 (“To qualify as an ‘interested party,’ a protestor must establish that . . . it was an actual or prospective bidder or offeror[.]”). 6 … Sols., Inc., 539 F.3d at 1344 (“To qualify as an ‘interested party,’ a protestor must establish that . . . it had a direct economic interest in the procurement or proposed procurement.”).
Cited 3 timesPublished
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