Case law

Johnson v. Secretary of Health & Human Services

33 Fed. Cl. 712 · United States Court of Federal Claims · Jul 18, 1995

The record further indicates that petitioner developed immunity to the rubella virus as a result of her vaccination. … Moreover, the record clearly indicates that Ms. Johnson experienced periodic joint swelling from about one year after her vaccination onwards.

Zoltek Corp. v. United States

58 Fed. Cl. 688 · United States Court of Federal Claims · Dec 9, 2003

The parties were asked to consider these issues while remaining mindful of the government’s sovereign immunity and remembering that statutory provisions waiving sovereign immunity are strictly construed. … Krupp clearly construed it as following the Harlan theory.” Leesona, 599 F.2d at 966 . .

Sanders v. United States

34 Fed. Cl. 75 · United States Court of Federal Claims · Aug 25, 1995

The statute of limitations for cases in this court is generally six years, 28 U.S.C. § 2501 , and “is jurisdictional in nature and, as an express limitation on the waiver of sovereign immunity, may not be waived.” … Consequently, a district court would clearly not possess jurisdiction over these claims and the transfer of them would therefore be inappropriate.

Dixon-Jones v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 10, 2020

the immune cells that surround neurons). … Both experts were qualified to testify about CRPS, and in fact, Dr. Aradillas was offered and qualified as an expert specifically in the field of CRPS. 42 Alexander GM, et al.

Nathan v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 16, 2021

A petitioner must establish entitlement to compensation in the Vaccine Program through one of two ways. … Thus, to prevail on entitlement, petitioner must establish that the HPV vaccine she received is the actual cause of her injuries.

Lee v. Secretary of Health and Human Services

United States Court of Federal Claims · May 2, 2022

Legal Standards Regarding Fact Finding Petitioner bears the burden of establishing her claims by a preponderance of the evidence. § 13(a)(1). … The assessment was weakness status post immunization, most likely GBS reaction. Id.

Darton Innovative Technologies, Inc. v. United States

United States Court of Federal Claims · Apr 19, 2021

The SBA establishes “size standards” that represent the largest size that a concern can be and still qualify as a small business for purposes of federal-government programs. See 13 C.F.R. § 121.101. … The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process.” Sys. Application & Techs., Inc. v.

Sharp v. United States

91 Fed. Cl. 798 · United States Court of Federal Claims · Mar 1, 2010

In order to qualify for the SBP, the veteran had to have “been eligible for retirement, have chosen SBP coverage, and have paid premiums for the benefit plan.” Sharp I, 80 Fed.Cl. at 428 (internal citations omitted). … United States, 837 F.2d 465, 467-68 (Fed.Cir.1988) (utilizing earlier “clearly reasonable” standard).

Ballard v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2025

In his opinion, that is “clearly what happened in the Petitioner’s case.” Id. Dr. … Maverakis opined that petitioner “was clearly complaining of muscle weakness, starting months prior to her receiving the vaccination” and “was clearly having some issues with muscle soreness and weakness prior to her receiving

Brooks Range Contract Services, Inc. v. United States

101 Fed. Cl. 699 · United States Court of Federal Claims · Dec 19, 2011

In this case, plaintiff has failed on two grounds to establish subject matter jurisdiction. … Second, the “Teaming Agreement must clearly show that the small business is taking a lead position (performing the majority of the work).” Id.

Jones v. United States

104 Fed. Cl. 92 · United States Court of Federal Claims · Mar 15, 2012

The Judge Clearly ask the Plaintiff did anyone make him any offer, the Plaintiff Public Representative instructs Plaintiff into the Perjury While State Attorney Witness it with no objection. … “While a pro se plaintiff is held to a less stringent standard than that of a plaintiff represented by an attorney, the pro se plaintiff, nevertheless, bears the burden of establishing the Court’s jurisdiction by a preponderance

Lee v. United States

33 Fed. Cl. 374 · United States Court of Federal Claims · Apr 26, 1995

Relief against the United States requires a waiver of sovereign immunity. United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976), (citing United States v. … With Title VII, Congress established a system of procedural mechanisms by which employees may pursue discrimination claims. 42 U.S.C. §§ 2000e-2000e-17.

Willingham v. States

35 Fed. Cl. 633 · United States Court of Federal Claims · Jun 6, 1996

I could have taken courses that would have qualified for the hours. THE COURT: Right. MR. WILLINGHAM: I chose not to do that. I am not challenging directly what the Board did. … 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 .

Kroll v. United States

107 Fed. Cl. 605 · United States Court of Federal Claims · Nov 29, 2012

If all allegations of the Complaint are true, nevertheless the plaintiff has not established a prima facie claim for relief. … The Acknowledgment by Bidder clearly placed the onus on Ms. Kroll to have determined an appropriate bid for the property.

Alsaadeh v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 20, 2024

Whitton is not qualified to opine on diagnosis, the undersigned will not discuss this part of his expert report. 31 relied on the diagnosis of AIED. Resp. Ex. A at 3. … Whitton, a qualified immunologist. See Locane v. Sec’y of Health & Hum. Servs., 685 F.3d 1375, 1380 (Fed.

Bilfinger Berger AG Sede Secondaria Italiana v. United States

97 Fed. Cl. 96 · United States Court of Federal Claims · Nov 19, 2010

“establishes and certifies for which category of works (general or specialised) and for which amount the company is qualified. … Certifications, which have been established for this solicitation: Prevailing Category of Work: CONTRACTOR Qualifioations Offerors shall be qualified in accordance with [D.P.R. number] 34 of 25 Jan 2000, REGULATIONS FOR THE

Acetris Health, LLC v. United States

United States Court of Federal Claims · Jul 16, 2018

-made end product under the Trade Agreements clause. 17 The VA’s responses clearly indicate that the VA did not consider the term “U.S.-made end product” to include domestic end products. … Attorney argument is insufficient to establish an irreparable injury. See, e.g., Intelligent Waves, LLC v. United States, 135 Fed.

Aero Spray, Inc. v. United States

United States Court of Federal Claims · Oct 28, 2021

that it had a substantial chance of securing the award in order to establish standing[.]” … Allied Materials may make our point here even more clearly.

Barnard v. United States

120 Fed. Cl. 698 · 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.’ ” Arbaugh v. … Barnard’s income level qualifies him for informa pauperis status, however, as discussed above, his complaint is being dismissed for lack of jurisdiction.

Apl Microscopic, LLC v. United States

United States Court of Federal Claims · Aug 27, 2019

Clearly, then, APL’s claim regarding the infringement of its right of reproduction is time-barred. … The definition’s usage of the phrase “any other device or process” clearly brings showing a copy of a work through a computer within the statutory definition of “display.”