Case law
Opinions from 1658 to today.
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1.65s
64 Fed. Cl. 118 · United States Court of Federal Claims · Feb 8, 2005
Promotions to Captain in the Coast Guard are made on a “best qualified” basis. 14 U.S.C. § 259 (a) (2000); id. at § 260(b). … contrary to law, or unsupported by substantial evidence, and unless he did so by ‘cogent and clearly convincing evidence.’”
Cited 5 timesPublished77 Fed. Cl. 470 · United States Court of Federal Claims · Jul 11, 2007
Clearly, Chalmers was authorized to escort the prisoner back to the United States in his official capacity. … The amount of time he worked before or after each shift, however, is only material if Chalmers first establishes his legal-entitlement to overtime.
Cited 4 timesPublishedM. v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 7, 2018
Further research on other environmental factors is clearly warranted.” Pet. … Deisher reported that the number of physicians qualified to diagnose autism slightly decreased after the 1995 prevalence change point, and thus 67 Dr.
Cited 0 timesPublishedNonprofits' Insurance Alliance of California v. United States
32 Fed. Cl. 277 · United States Court of Federal Claims · Nov 10, 1994
Therefore, plaintiff must establish that the IRS improperly denied section 501(c)(3) tax-exempt status and that the grounds supporting the denial as set forth in the IRS’ final adverse determination letter dated February … The IRS further defined “substantially below cost” by stating “that the activities of the organization are clearly distinguishable from those of its commercial counterparts by manifestation of donative intent.” Id.
Cited 4 timesPublished42 Fed. Cl. 859 · United States Court of Federal Claims · Feb 2, 1999
The only problem is that the Exam Report of the Office of Thrift Supervision (an agency, incidentally, that did not exist prior to the August 6, 1989 passage of FIRREA), clearly states otherwise. 1 Western Empire was clearly … Most relevantly, the contracting parties clearly did not think, or act, as if it did.
Cited 12 timesPublishedCuyahoga Metropolitan Housing Authority v. United States
65 Fed. Cl. 534 · United States Court of Federal Claims · Jun 2, 2005
“First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” Id. … But is defendant’s position in the case sub judice “clearly inconsistent” with its earlier positions?
Cited 37 timesPublishedAirplane Sales International Corp. v. United States
54 Fed. Cl. 418 · United States Court of Federal Claims · Nov 14, 2002
“The intended beneficiary need not be specifically or individually identified in the contract, but must fall within a class clearly intended to be benefited thereby.” Id. … Instead, it merely relies on legal immunity from responsibility derived from the contract’s as-is/where-is clauses.
Cited 2 timesPublishedUnited States Court of Federal Claims · Sep 5, 2013
Petitioners cannot establish entitlement to compensation based solely on their assertions. … Holmes considered it “very unlikely in a child who has had a prior varicella immunization to have a severe primary infection with a second immunization since some immunity is likely to have occurred with the initial vaccination
Cited 0 timesPublished81 Fed. Cl. 693 · United States Court of Federal Claims · Apr 30, 2008
Appropriate evaluations and treatments were initiated for the established diagnoses. … To date she has clearly not been afforded the full and fair hearing which Congress has guaranteed.
Cited 4 timesPublished70 Fed. Cl. 319 · United States Court of Federal Claims · Mar 27, 2006
“BJA’s implementing regulations thus qualify for Chevron deference.” Yanco v. United States, 258 F.3d at 1362 . … The language of the PSOBA clearly does not limit death benefits eligibility according to duties performed at the scene of a fire; nor do the legislative history of the Act or the words of the regulations.
Cited 5 timesPublishedHarrington v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 17, 2018
suggest disease onset of EAE ninety days after immunization. … Steinman’s expertise with central nervous system disorders and the field of immunology renders him well qualified to opine on the causal potential of vaccines in producing MS.
Cited 0 timesPublishedBrown v. Secretary of the Department of Health & Human Services
36 Fed. Cl. 435 · United States Court of Federal Claims · Aug 28, 1996
In Rule 3, it is established that a “civil action is *439 commenced by filing a complaint with the court.” … Petitioners’ only hope to establish timeliness is under more general equitable tolling principles.
Cited 3 timesPublishedUnited States Court of Federal Claims · Nov 17, 2020
Jurisdiction The Court of Federal Claims has limited authority to entertain suits against the United States, and the federal government’s waiver of sovereign immunity “may not be inferred, but must be ‘unequivocally … The government observes “[t]he PFIC statute is designed to ensure that a U.S. taxpayer reports passive income from foreign corporations” and applies generally to all U.S. taxpayers who qualify.
Cited 0 timesPublished125 Fed. Cl. 138 · United States Court of Federal Claims · Feb 25, 2016
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. … Allen’s income level may qualify him for in forma pauperis status, the issue is moot because, as discussed above, his complaint is being dismissed for lack of jurisdiction. See 28 U.S.C. § 1915 (e)(2).
Cited 5 timesPublishedRadke v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 23, 2026
See id. at *17 (“I find [that Althen prong one] has not been preponderantly established . . . . … The other paragraphs under the “Analysis” header better qualify as recitation and conclusion.
Cited 0 timesPublishedInnovation Development Enterprises of America, Inc. v. United States
114 Fed. Cl. 213 · United States Court of Federal Claims · Jan 17, 2014
Costs Which Clearly Do Not Constitute Bid Preparation and Proposal Costs There are specific examples of claims for costs incurred by protestors which have been rejected by this court or the GAO as not qualifying as bid preparation … The distinction between marketing/networking and bid preparation and proposal costs is thus well established in bid protest decisions.
Cited 4 timesPublishedKLEIN v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Apr 15, 2026
Petitioners allege that C.K. developed immune thrombocytopenic purpura (“ITP”) – a Table injury – after receiving measles- mumps-rubella (“MMR”), influenza, and varicella vaccines on October 17, 2018. … In order to qualify for a Table presumption of causation for ITP for an MMR vaccine, a petitioner must establish that onset occurs between seven and thirty days after vaccination. 42 C.F.R. Section 100.3(V)(A).
Cited 0 timesUnpublished61 Fed. Cl. 32 · United States Court of Federal Claims · Jun 17, 2004
The government filed a motion to dismiss, arguing that sovereign immunity bars the plaintiffs claim for damages. … The plaintiff argues that because he would have had the right to recover the monetary value of the property had it been improperly forfeited, then “clearly the lesser remedy of recovering the monetary value of property that
Cited 19 timesPublishedAl Munford, Inc. v. United States
39 Cont. Cas. Fed. 76,594 · United States Court of Federal Claims · Dec 6, 1993
When subject matter jurisdiction is questioned, the non-moving party bears the burden of establishing the court’s jurisdiction. Reynolds, 846 F.2d at 748 . I. … The Tucker Act alone does not create a substantive right to recover money, but instead waives sovereign immunity under specific conditions. United States v.
Cited 7 timesPublishedBost v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 17, 2026
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Bromberg and Respondent that the Petitioner did not likely have an immune-mediated or immune-treatment responsive neuropathy. Id.
Cited 0 timesUnpublished
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