Case law
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Westfed Holdings, Inc. v. United States
55 Fed. Cl. 544 · United States Court of Federal Claims · Mar 17, 2003
The evidence presented at trial clearly establishes that Westfed acquired Old Western in reliance on the contract between the parties. … The reasonable certainty test for lost profits in this circuit is that “ ‘[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery,’ and the court’s duty
Reversed in part, on other grounds by Westfed Holdings, Inc. v. United States, 407 F.3d 1352 (2005)Cited 27 timesPublishedLaurette v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 21, 2022
Moreover, the Act clearly anticipates the fact that onset questions often require consideration of evidence that temporally falls outside the relevant time period. … Thus, all elements of a Table SIRVA claim have been preponderantly established.
Cited 0 timesPublished124 Fed. Cl. 525 · United States Court of Federal Claims · Dec 10, 2015
Co., 672F.3d at 1056 ("A plaintiff lacking privity of contract can nonetheless sue for damages under that contract if it qualifies as an intended third-party beneficiary.); {lgile Cntv.. Cal. v. … Cl. 467,471 (2004) ("The'in lieu of language in section 609(a) clearly indicates that the contractor has a choice of forums but does not allow the conkactor to pursue its claims before both forums."
Cited 4 timesPublishedPetty v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 23, 2020
“received his 2 month immunizations and developed diarrhea that lasted for 6 months.” Pet. Ex. 3 at 1; see Pet’r’s Mot. at 7, 12. … But by the time L.P. received his vaccinations, he already had a well-established medical history of gastrointestinal problems.
Cited 0 timesPublishedRiley & Ephriam Construction Co. v. United States
61 Fed. Cl. 405 · United States Court of Federal Claims · Jul 29, 2004
As a formal matter, the Plaintiff has the burden of establishing the Court’s jurisdiction. Cedars-Sinai Med. Ctr. v. Watkins, 11 F.3d 1573 , 1583 (Fed.Cir.1993). … While we suspect that not all fax machines include an electronic message, the particular fax machine used in this case clearly qualifies; the CO stated in his declaration that it had indicated a successful transmission.
Cited 1 timesPublishedCoast Professional, Inc. v. United States
120 Fed. Cl. 727 · United States Court of Federal Claims · Apr 22, 2015
A CPCS score of 85 or more also qualified the contractor for an award term extension pursuant to Section H.4 of the TOs. … In the court’s view, application of this waiver doctrine, per the caveat established by the Federal Circuit in Blue & Gold Fleet, could easily be invoked here.
Vacated by Coast Professional, Inc. v. United States, 828 F.3d 1349 (2016)Cited 5 timesPublishedRotech Healthcare Inc. v. United States
71 Fed. Cl. 393 · United States Court of Federal Claims · Jul 24, 2006
NAICS codes are used by government agencies, and the United States Small Business Administration (SBA), to establish size standards governing which entities qualify as small businesses for preferences or eligibility under … The task of establishing criteria to determine whether individual companies qualify as small businesses, and applying those criteria in individual eases, has been delegated by Congress to the SBA. Id.
Cited 31 timesPublishedFisher Sand & Gravel Co. v. United States
United States Court of Federal Claims · May 29, 2019
The SSA selected SLSCO, the intervenor, as the most qualified and the only firm with which it would negotiate. … We are satisfied that the D&F clearly lays out the agency’s consideration of the significant adverse consequences for proceeding with the stay in place.
Cited 0 timesPublishedUS Securities Associates, Inc. v. United States
United States Court of Federal Claims · Nov 13, 2015
The prices were in a relatively close range, and clearly plaintiff does not contend that the intervenor’s price was too high. … Such a risk has plainly not been established here, however.
Cited 0 timesPublishedHUCH v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Sep 14, 2026
. § 300aa. 1 leukemia . . . following vaccination overload to the immune system.” Petition at 1 (ECF No. 1). … Walker with Petitioners reporting he was “fussy after immunizations last week” and was “eating less” and “warm to touch.” Pet. Ex. 11 at 21. His temperature was 100.1°F. Id.
Cited 0 timesUnpublished44 Fed. Cl. 796 · United States Court of Federal Claims · Oct 1, 1999
The cause and surrounding circumstances of the alleged unilateral suspension are clearly operative facts in the contracting officer’s assessment of whether the government’s actions were authorized under the contract or immune … Accordingly, Croman qualifies under Paragraph C8.22 for a CTA. Croman acknowledges that one remedy that it is entitled to as a result of the interruption of its operations is a Contract Term Adjustment.
Cited 24 timesPublished82 Fed. Cl. 216 · United States Court of Federal Claims · Jun 10, 2008
. § 2501 (2000) and that plaintiff has failed to allege “the elements necessary to establish the existence of a contract between himself and the United States.” Def.’s Mot. Dismiss (“Mot.”) 1. … The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).
Cited 1 timesPublishedCardiosom, L.L.C. v. United States
117 Fed. Cl. 526 · United States Court of Federal Claims · Aug 19, 2014
Cir. 2011) (finding that the immunity provision in MIPPA did not manifest an unambiguous intent to withdraw the Tucker Act’s waiver of sovereign immunity), rev’g 91 Fed. Cl. 659 (2010); Cardiosom, L.L.C. v. … Plaintiff has established its breach of contract claim and thereby, has proven defendant’s contract liability. B.
Cited 2 timesPublishedAutry v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 13, 2024
immune system and history of immune system problems. … Helmers, the Chief of Epilepsy at Emory, diagnosed petitioner with “a Neuro-Immune mediated brain injury”, but informed the parents that there was no one qualified at Emory or in the state of Georgia to treat petitioner.
Cited 0 timesUnpublishedBeckwith v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 30, 2025
Kang established that the production of autoantibodies that would likely drive GBS would occur during the adaptive immune response, and would take days to a week or so to occur—longer than the onset in this case. … While he clearly offered numerous literature citations, and provided an explanation about how different aspects of the immune response work (or are speculated to work in some faster contexts—such as with ILLs), his opinion
Cited 0 timesUnpublished40 Fed. Cl. 371 · United States Court of Federal Claims · Feb 20, 1998
A waiver of sovereign immunity is to be construed strictly. See Hart, 910 F.2d at 818-19 . Defendant’s motion to dismiss is granted. 2. … In order to prevail plaintiff must show by “cogent and clearly convincing evidence,” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.Cir.1986) (quoting Dorl v.
Cited 6 timesPublishedD & D Landholdings v. United States
82 Fed. Cl. 329 · United States Court of Federal Claims · Jun 30, 2008
A waiver oí sovereign immunity “cannot be implied but must be unequivocally expressed.” Id. … Id. at 3; see also id. at 3-4 (“As clearly appears from the 1998 historical aerial photographs, the roads which Plaintiff claims were not constructed until ‘around 2002’ were ... already in existence in 1998.”).
Cited 4 timesPublishedShields Enterprises, Inc. v. United States
38 Cont. Cas. Fed. 76,526 · United States Court of Federal Claims · May 27, 1993
order to qualify a proposer for award. … The RFP clearly stated the need for experience in the devel *633 opment of large, complex data base systems.
Cited 15 timesPublishedDynetics, Inc. and Subsidiaries v. United States
121 Fed. Cl. 492 · United States Court of Federal Claims · May 31, 2015
While a taxpayer must establish a number of elements to qualify for a research tax credit under § 41, at this point in the case, the parties seek the court’s assistance with resolving their dispute on only one such element … As discussed supra Part III.B.1.a, the DD Form 254 is clearly part of the NT001 contract.
Cited 22 timesPublishedHemphill Contracting Co. v. United States
40 Cont. Cas. Fed. 76,836 · United States Court of Federal Claims · Aug 25, 1995
It is well established that the “existence of jurisdiction ordinarily depends on the facts as they exist when the complaint is filed.” Newman-Green, Inc. v. … This pattern of dissolution and reinstatement establishes that Mr.
Cited 12 timesPublished
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