Case law
Opinions from 1658 to today.
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ENNIS v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · May 6, 2026
Cupps’s] invoice is clearly detailed.” Remand Oral Arg. Tr. at 603. 10 The way that Dr. … Tr. at 589), they maintained that caselaw established the market rate. Remand Oral Arg. Tr. at 590.
Cited 0 timesPublished107 Fed. Cl. 618 · United States Court of Federal Claims · Dec 3, 2012
Mata] to an equivalent position for which he is qualified,” NSA at ¶ 3b, and agreed that “[a]ll actions, complaints, and disciplinary issues concerning [Mr. … The agreements required the Navy to expunge the plaintiffs suspension from his record and provide the Marine .Index Bureau with a neutral reference for him, the purpose of which “was clearly to prevent Mr.
Cited 9 timesPublishedPerry v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 22, 2019
“Respondent denies that the flu immunization is the cause-in-fact of petitioner’s alleged SIRVA and/or any other injury.” … Respondent further denies that petitioner's alleged injury qualifies as a Table injury. 7.
Cited 0 timesUnpublished38 Fed. Cl. 366 · United States Court of Federal Claims · Jul 18, 1997
Englert had failed to establish a causal connection between his psychological condition and his performance. … The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. at 953 .
Cited 2 timesPublished134 Fed. Cl. 293 · United States Court of Federal Claims · Sep 22, 2017
provided that: [i]n filling employment positions for work under the contract, other than management positions, the Contractor and Major Subcontractors, agree to hire employees who are or can become qualified … The Tucker Act does not create “substantive rights; [it is simply a] jurisdictional provision[] that operate[s] to waive sovereign immunity for claims premised on other sources of law (e.g., statutes or contracts).”
Cited 1 timesPublishedKennedy ex rel. Kennedy v. Secretary of Health & Human Services
99 Fed. Cl. 535 · United States Court of Federal Claims · May 16, 2011
Dist., 414 F.3d 281 , 284 (2d Cir.2005) ("It is thus a well-established general rule in this Circuit that a parent not admitted to the bar cannot bring an action pro se in federal court on behalf of his or her child.”); Shepherd … Alker, 234 F.2d 113, 116-17 (3d Cir.1956) (a Rule 60(b)(6) motion "must be fully substantiated by adequate proof and its exceptional character must be clearly established to the satisfaction of the district court before it
Cited 60 timesPublishedLamona Dodd, Parent of S.S., a Minor v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 21, 2013
She asked to file a supplemental expert report to describe petitioner’s theory more clearly. Petitioner’s Status Report, Oct. 22, 2010, at 2. The undersigned granted petitioner’s request. … Kinsbourne further asserted that when a seizure occurs within a medically reasonable time frame after an MMR immunization, it need not be accompanied by fever to establish vaccine-related causation.
Cited 0 timesPublished66 Fed. Cl. 165 · United States Court of Federal Claims · Jun 30, 2005
Only a Dismissal, Dishonorable, Bad Conduct, or Other Than Honorable Discharge can qualify as types of military separations that limit Fifth Amendment liberty interests, because they may prevent a discharged person from qualifying … Plaintiff was not immune from the effects of that extended stress. And, as a result, he was retired involuntarily.
Cited 11 timesPublishedUnited States Court of Federal Claims · Jan 31, 2018
A court must grant summary judgment “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at … Unless an exclusion applies, payments that are “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion” constitute taxable income. Commissioner v.
Cited 0 timesPublishedSingleton v. Secretary of Health and Human Services
United States Court of Federal Claims · May 23, 2023
“So, yes, the patient clearly had a stroke and it clearly showed on MRI, and it clearly happened shortly after a vaccination,” but Dr. … First, she must establish that she does suffer epilepsy.
Cited 0 timesPublishedShoshone Indian Tribe of Wind River Reservation v. United States
93 Fed. Cl. 449 · United States Court of Federal Claims · Aug 5, 2010
The statute of limitations provision of 28 U.S.C. § 2501 limits the government’s waiver of sovereign immunity for every claim within the jurisdiction of the Court of Federal Claims. Soriano v. … Statutes that “defer the accrual of a cause of action, *455 or otherwise affect the time during which a claimant may sue the Government also are considered a waiver of sovereign immunity.”
Cited 2 timesPublishedLamona Dodd, Parent of S.S., a Minor v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 21, 2013
She asked to file a supplemental expert report to describe petitioner’s theory more clearly. 3 Petitioner’s Status Report, Oct. 22, 2010, at 2. … Kinsbourne further asserted that when a seizure occurs within a medically reasonable time frame after an MMR immunization, it need not be accompanied by fever to establish vaccine-related causation.
Cited 0 timesPublished42 Fed. Cl. 49 · United States Court of Federal Claims · Oct 14, 1998
Courts have stated that section 1552 does not, by itself, qualify plaintiff for monetary relief. … Therefore, defendant bears a heavy burden to establish an “insurmountable bar” to plaintiffs relief. Chavez, 15 Cl.Ct. at 356 .
Cited 13 timesPublishedY. v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 2, 2021
Kartzinel asserted that “A.Y. had been diagnosed with epilepsy, gastroesophageal reflux, encephalopathy, metabolism disorder, sleep disorder, immune mechanism disorder, and abnormal feces.” Id. at *3. Dr. … In sum, while the [* * *] clearly would have preferred that the Chief Special Master have afforded more weight to Dr.
Cited 0 timesPublished74 Fed. Cl. 477 · United States Court of Federal Claims · Nov 30, 2006
United States, 226 F.3d 1318, 1321 (Fed.Cir.2000) (“As a waiver of sovereign immunity, the EAJA is interpreted narrowly. But this is not a talisman for permitting the [Gjovernment to avoid liability in all cases.”). … See AR Ex. 13; see also 42 U.S.C. §§ 3796 (a) (For a survivor to qualify for a benefit under the PSOBA: 1) a public safety officer; 2) must have suffered a “personal injury;” 3) the injury must have been suffered “in the
Cited 14 timesPublishedUnited States Court of Federal Claims · Jan 13, 2020
Cl. 1958) (" It is well established that . .. a controversy between private parties could not be entertained [in this court]."); Anderson v. United States, 117 Fed. … Fanelli's claims are clearly beyond the subject-matter jurisdiction of this court.
Cited 0 timesPublishedNormandy Apartments, Ltd. v. United States
100 Fed. Cl. 247 · United States Court of Federal Claims · Aug 2, 2011
“First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” New Hampshire, 532 U.S. at 750 , 121 S.Ct. 1808 . … Accordingly, “[tjhe effect of finding privity of contract between a party and the United States is to find a waiver of sovereign immunity.” Cienega Gardens v.
Cited 14 timesPublishedPrecision Standard, Inc. v. United States
71 Fed. Cl. 216 · United States Court of Federal Claims · May 2, 2006
Indeed, correct appraisal of the responsibility of a prospective contractor is clearly in the self-interest of the procuring agency; there is a built-in stimulus against error. … Read as a whole, the notice of award letter makes clear that price was the only factor considered after the qualified offerors were determined to be responsible.
Cited 2 timesPublished55 Fed. Cl. 438 · United States Court of Federal Claims · Mar 13, 2003
Once jurisdiction is challenged by the court or the opposing party, the plaintiff bears the burden of establishing jurisdiction. See McNutt v. Gen. … 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 .
Cited 0 timesPublishedFloorPro, Inc. v. United States
98 Fed. Cl. 144 · United States Court of Federal Claims · Apr 6, 2011
United States, 194 F.3d 1231, 1239 (Fed.Cir.1998) (“The effect of finding privity of contract between a party and the United States is to find a waiver of sovereign immunity.”). … The Court notes two particularly compelling points in which the contracting officer clearly demonstrates the requisite intent to benefit FloorPro.
Vacated on other grounds by Floorpro, Inc. v. United States, 680 F.3d 1377 (2012)Cited 6 timesPublished
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