Case law

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  • Squires v. United States

    127 Fed. Cl. 352 · United States Court of Federal Claims · Jun 30, 2016

    a The record does not clearly indicate where Plaintiffwas during the period ofunauthorized leave between May 3 1, 1970 and September 24, I 970. 5 The United States Nary formerly referred to a "discharge under … [the plaintiffl bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.").

    Cited 2 timesPublished
  • 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.

    Cited 31 timesPublished
  • 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.

    Cited 0 timesPublished
  • G4s Technology LLC v. United States

    United States Court of Federal Claims · Feb 11, 2014

    Cir. 1997) (plaintiff must “fall within a class clearly intended to be benefited thereby”). … Indeed, because waivers of sovereign immunity are construed narrowly, the right to sue the government on a contract to which one is not a party constitutes an “exceptional privilege.” Glass v.

    Cited 0 timesPublished
  • Ascendant Services, LLC v. United States

    United States Court of Federal Claims · Jun 8, 2022

    Plaintiff does not appear to take issue with the scope of the IT disciplines that will qualify, however. … The two terms—joined by a slash—are clearly modified in the same way.

    Cited 0 timesPublished
  • Bobka v. United States

    133 Fed. Cl. 405 · United States Court of Federal Claims · Aug 3, 2017

    The Tucker Act waives sovereign immunity and allows a plaintiff to sue the United States for money damages, United States v. … court lacked jurisdiction over plaintiffs' "contract claims arising out of the use 4 of plea agreements in the criminal justice system" because such agreements did not "'clearly

    Cited 19 timesPublished
  • Omran Holding Group v. United States

    128 Fed. Cl. 273 · United States Court of Federal Claims · Sep 14, 2016

    Rather, all a protester must establish to demonstrate prejudice is that it has a substantial chance of receiving the contract—that it is a qualified bidder and could compete for the contract.”) … Omran did not mention this situation in its assertion of standing and it is clearly inapplicable under the facts of this case. C.

    Cited 5 timesPublished
  • O'Brien v. United States

    120 Fed. Cl. 85 · United States Court of Federal Claims · Jan 29, 2015

    Reviewing the evidence submitted by Colonel O’Brien, the BCNR found that the evidence was insufficient to establish material error or injustice. … Accordingly, when a separation or retirement date has been established, every effort must be made to effect the servicemember’s discharge on that date.

    Cited 4 timesPublished
  • The Cherokee Nation of Oklahoma v. United States

    69 Fed. Cl. 148 · United States Court of Federal Claims · Dec 19, 2005

    Clearly, this requirement is satisfied. Based on the foregoing, the court finds that PB has a right to intervene. … The Cherokee Nation contends that the distinct nature of the payment fund demonstrates that the government did not waive sovereign immunity for this type of suit. Id.

    Cited 6 timesPublished
  • Mayer v. United States

    32 Fed. Cl. 149 · United States Court of Federal Claims · Sep 28, 1994

    pursuit of this goal will, on occasion, result in periods of relative illiquidity;” that “liquidity is not generally an issue;” and that, whenever a choice was to be made, “returns gained through capital appreciation are clearly … As such, it is insufficient to establish a genuine dispute. See Keebler, 866 F.2d at 1388-89 .

    Cited 1 timesPublished
  • 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

    Cited 13 timesPublished
  • Refaat v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 15, 2026

    In order to qualify for a Table presumption of causation for GBS, a petitioner must establish that she experienced the onset of her symptoms within 3-42 days of the subject flu vaccination, and that she satisfies the criteria … of the petitioner’s immune system that led to a rapid onset of GBS and thus a 1-day onset was appropriate); Shyface v.

    Cited 0 timesUnpublished
  • C.R. Pittman Construction Co. v. United States

    92 Fed. Cl. 20 · United States Court of Federal Claims · Mar 10, 2010

    Therefore, only the pumping stations qualify as “permanent work” under its ordinary meaning. … Even though the Court has already held that the ordinary meaning of “part of the permanent work” clearly establishes responsibility on the part of the Plaintiff, the Court will nevertheless address the four other contract

    Cited 3 timesPublished
  • Science Applications International Corp. v. United States

    United States Court of Federal Claims · Dec 7, 2022

    immunity. … The party must make its initial damages disclosure “within 14 days after the Early Meeting of Counsel,” unless the court establishes a different deadline. Rule 26(a)(1)(C).

    Cited 0 timesPublished
  • People of Bikini v. United States

    77 Fed. Cl. 744 · United States Court of Federal Claims · Aug 2, 2007

    United States, 333 F.3d 1295, 1316 (Fed.Cir.2003) (en banc) (“It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional … Department of Veterans Affairs, 498 U.S. 89 , 111 S.Ct. 453 , 112 L.Ed.2d 435 (1990), established the current law involving the doctrine of equitable tolling against the Government: A waiver of sovereign immunity “ ‘cannot

    Cited 5 timesPublished
  • 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.

    Cited 0 timesPublished
  • Douglas J. Smith v. United States

    111 Fed. Cl. 740 · United States Court of Federal Claims · Jul 19, 2013

    The Tucker Act waives sovereign immunity and grants jurisdiction, but it does not create a substantive cause of action. Jan’s Helicopter Serv., Inc. v. F.A.A., 525 F.3d 1299, 1305–06 (Fed. Cir. 2008). … Similarly, plaintiff seeks to establish Tucker Act jurisdiction over a claim to recover taxes.

    Cited 5 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • Information Sciences Corp. v. United States

    78 Fed. Cl. 673 · United States Court of Federal Claims · Oct 25, 2007

    United States, 67 Fed.Cl. 494, 496 (2005) (maintaining that a qualifying party under the EAJA satisfy net worth limitations). … 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 [Gjovemment to avoid liability in all cases.”).

    Cited 4 timesPublished
  • FIORELLO v. SECRETARY OF HEALTH AND HUMAN SERVICES

    United States Court of Federal Claims · Sep 9, 2024

    Oppenheimer’s record includes an impression from a qualified specialist that R.F.’s initial episode was an immune reaction to the vaccine, it is not ultimately strong evidence. As respondent stresses, the fact that Dr. … Conclusion R.F. has clearly suffered and for that he and his family have my sympathy.

    Cited 0 timesUnpublished

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