Case law
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1.01s
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 timesUnpublishedGuam 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 timesPublishedAmerica 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 timesPublished119 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 timesPublishedBickel 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 timesUnpublished67 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 timesPublishedLakewood 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 timesPublishedUnited 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 timesPublishedWyoming 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 timesPublished125 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 timesPublishedBay 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 timesPublishedBatish 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 timesPublishedAkima 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 timesPublishedBatish 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 timesPublished57 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 timesPublishedInnovair 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 timesPublishedBlue 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 timesPublished51 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 timesPublishedBickel 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 timesUnpublishedZebofsky 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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