Case law

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  • Goldman v. United States

    United States Court of Federal Claims · Sep 1, 2026

    Goldman clearly cannot invoke I.R.C. § 6511(h)’s tolling, by his own pleadings and factual admissions, “the Court finds that no additional proceedings in this case would entitle [Mr. Goldman] to relief.” … Goldman cannot qualify for I.R.C. § 6511(h)’s financial disability exception given Mr.

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

    United States Court of Federal Claims · Jan 31, 2022

    Boris was clearly familiar with POTS, since children and adolescents present with its typical features and manifestations and thereafter seek cardiac specialists. Id. However, because Ms. … Boris was in fact qualified to offer diagnostic opinions about syncope or dysautonomic/orthostatic intolerance injuries, since such matters involve both heart rate and blood pressure.

    Cited 0 timesPublished
  • Shelkofsky v. United States

    119 Fed. Cl. 133 · United States Court of Federal Claims · Nov 4, 2014

    Plaintiffs responds that the Government has made incorrect statements to establish a common core of operative facts. Pl. Resp. at 7. … In both Shelko/sky I and in the present case, the first element is clearly satisfied: the parties involved are Plaintiff and the United States.

    Cited 61 timesPublished
  • Bickel v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 23, 2026

    The record clearly establishes that in mid-May 2019, Petitioner sought treatment for some form of illness that began at the end of April. Ex. 13 at 24– 25. … And in so ruling before, I have considered expert testimony from qualified and experienced neurologists, and reviewed in detail the literature and studies offered on the topic.

    Cited 0 timesUnpublished
  • Lewis v. United States

    67 Fed. Cl. 158 · United States Court of Federal Claims · Jul 29, 2005

    The plaintiff bears the burden of proving such behavior by “cogent and clearly convincing evidence.” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.Cir.1986). … In this case, the Chief of Naval Personnel determined that Plaintiff was not qualified for promotion because she did not have an unrestricted medical license. See Gov’t App. at 6.

    Cited 4 timesPublished
  • Lakewood Associates v. United States

    45 Fed. Cl. 320 · United States Court of Federal Claims · Dec 2, 1999

    Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … Although the court certainly hopes the information sought was not unduly burdensome, mere allegations are clearly insufficient to support plaintiffs claim.

    Cited 2 timesPublished
  • Simanski v. Hhs

    United States Court of Federal Claims · Jan 16, 2014

    See Van Doorn, et al., Treatment of Immune Neuropathies, 15 Curr Opin Neurol. 623, 627 (2002). … Petitioners note that “[o]f these 141 patients, only 47, or approximately 33% qualified for further study.”

    Cited 0 timesPublished
  • Wyoming Sawmills, Inc. v. United States

    94 Fed. Cl. 399 · United States Court of Federal Claims · Aug 26, 2010

    The Government could have drafted the Timber Sale Contract differently if it wanted to establish an absolute ten-year ceiling. Id. at 17 . … This language mirrors the language of contract provision C8.212# and clearly indicates that the Timber Sale Contract is not eligible for a MRCTA.

    Cited 0 timesPublished
  • Johnson v. United States

    125 Fed. Cl. 575 · United States Court of Federal Claims · Mar 10, 2016

    Johnson] completed a separation physical and was found to be qualified for separation. On 15 April 1988, [Mr. … Johnson's service record does not contain clearly convincing evidence that he suffered from a serious disabling condition in 1988.

    Cited 0 timesPublished
  • Bay View, Inc. v. United States

    46 Fed. Cl. 494 · United States Court of Federal Claims · Apr 19, 2000

    The ultimate burden of establishing jurisdiction rests on plaintiff. See Rocovich v. United States, 933 F.2d 991, 993 (Fed.Cir.1991). … In the absence of a provision that expressly creates liability for breach, a statute creating a trust is money-mandating only when it “clearly establishes] fiduciary obligations of the Government in the management and operation

    Cited 2 timesPublished
  • Batish v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 18, 2015

    Adacel is an active booster immunization for the prevention of tetanus, diphtheria, and pertussis. … However, the record clearly indicates that Petitioner was given every opportunity to make her case to the special master.

    Cited 0 timesPublished
  • Akima Intra-Data, LLC v. United States

    119 Fed. Cl. 520 · United States Court of Federal Claims · Dec 23, 2014

    STANDARD OF REVIEW The standard of review in bid protest cases is well-established. … This language clearly requires only that CFP determine the “potential” to generate employment rather than a guarantee of employment. Id.

    Cited 3 timesPublished
  • Batish v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 18, 2015

    Adacel is an active booster immunization for the prevention of tetanus, diphtheria, and pertussis. … However, the record clearly indicates that Petitioner was given every opportunity to make her case to the special master.

    Cited 0 timesPublished
  • Osage Nation v. United States

    57 Fed. Cl. 392 · United States Court of Federal Claims · Jul 28, 2003

    United States, 910 F.2d 815, 817 (Fed.Cir.1990)) (“The six-year statute of limitations acts as ‘an express limitation on the Tucker Act’s waiver of sovereign immunity.’ ”); Seldovia Native Ass’n v. … Id. 9 Therefore, assuming the Arthur Andersen Report qualifies as a reconciliation report, plaintiffs claims as to “losses or mismanagement of trust funds” accrued on December 31, 1999 and plaintiffs complaint was filed well

    Cited 14 timesPublished
  • Innovair Aviation, Ltd. v. United States

    72 Fed. Cl. 415 · United States Court of Federal Claims · Aug 31, 2006

    The piston engines are old, meaning that replacement parts and qualified maintenance personnel are expensive and difficult to find. … It is equally clear that contract rights qualify as a property interest for the purposes of a Fifth Amendment claim.

    Cited 3 timesPublished
  • Blue Lake Forest Products, Inc. v. United States

    86 Fed. Cl. 366 · United States Court of Federal Claims · Feb 26, 2009

    For each category of species, the S & M Standards and Guidelines established a corresponding survey strategy, indicating when and how surveys must be conducted. … However, the record does not clearly establish what each Plaintiff knew of the litigation prior to award. 23 *383 Courts do not make findings of fact on summary judgment. Ford Motor Co. v.

    Cited 8 timesPublished
  • Bateson v. United States

    51 Fed. Cl. 557 · United States Court of Federal Claims · Jan 28, 2002

    Plaintiffs bear the burden of demonstrating, by cogent and clearly convincing evidence, that the Secretary’s decision to select other officers for promotion over them was the product of a material legal error or injustice … They claim that new evidence shows that the Secretary only approved the question of whether the board would use the “fully qualified” method or the “best qualified” method. (Pls.’ Cross-Mot. at 8.)

    Cited 2 timesPublished
  • Bickel v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 17, 2026

    The record clearly establishes that in mid-May 2019, Petitioner sought treatment for some form of illness that began at the end of April. Ex. 13 at 24– 25. … And in so ruling before, I have considered expert testimony from qualified and experienced neurologists, and reviewed in detail the literature and studies offered on the topic.

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

    United States Court of Federal Claims · Apr 20, 2017

    A Rule 5 status conference was scheduled with the undersigned for December 13, 2016.4 On November 16, 2016, petitioner filed a motion for subpoena authority to require the production of the Immunization Policy and Procedures … The vaccination records submitted in this case establish petitioner received the adult version of the pneumococcal vaccine, Pneumovax 23.

    Cited 0 timesPublished

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