Case law
Opinions from 1658 to today.
4,740 results
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81 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 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 timesUnpublishedAl 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 timesPublishedAmerican Express Co. v. United States
47 Fed. Cl. 127 · United States Court of Federal Claims · Jun 30, 2000
“It is well established that the Commissioner enjoys broad discretion to determine whether, in [his] opinion, a taxpayer’s accounting methods clearly reflect income ... and the Commissioner’s exercise of his discretion must … In addition, Signet’s membership agreement specifically stated that the fee was paid to establish credit. See id. at 117 .
Cited 2 timesPublishedErvin & Associates, Inc. v. United States
44 Fed. Cl. 646 · United States Court of Federal Claims · Sep 30, 1999
Plaintiffs — made eligible by virtue of a partnership with a qualifying firm — submitted a proposal. … According to plaintiffs, this team was not a qualifying firm.
Cited 9 timesPublishedWoods v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 3, 2023
Bouffard agreed that petitioner “clearly has a mild optic neuropathy affecting the left eye,” he cautioned that a diagnosis of optic neuritis could not be “confidently established” due to the sparse factual record. (Ex. … However, given the analysis below, there is clearly no prejudice to respondent in accepting into evidence the Rebolleda et al. article.
Cited 0 timesPublishedBayfirst Solutions, LLC v. United States
102 Fed. Cl. 677 · United States Court of Federal Claims · Jan 9, 2012
Work performed under this contract clearly demonstrated a history of successful performance on a contract of similar size, scope and complexity. … Indeed, the TEP noted that BayFirst’s resumes "clearly demonstrate the significant experience required to perform [the contract].” AR at 556. .
Cited 49 timesPublishedCaptain Ross E. Joslyn v. United States
110 Fed. Cl. 372 · United States Court of Federal Claims · Apr 10, 2013
The court’s six-year statute of limitations, a condition on the Tucker Act’s waiver of sovereign immunity, further limits the court’s jurisdiction. … See Martinez, 333 F.3d at 1316 (“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 in nature.”); see
Cited 21 timesPublishedAndrews v. Secretary of the Department of Health & Human Services
33 Fed. Cl. 767 · United States Court of Federal Claims · Jul 19, 1995
In support of its motion respondent argued that the Act clearly prohibits the estate of a person who dies from non-vaccine related causes from bringing or continuing a petition for vaccine injuries. … Although *771 the majority of children benefit from mandatory immunization, the public and Congress were becoming increasingly aware of the “potential hazards of these vaccines and about the serious — and sometimes deadly
Cited 3 timesPublished104 Fed. Cl. 81 · United States Court of Federal Claims · Mar 15, 2012
(ii) fails to state a claim on which relief may be granted (iii) seeks monetary relief against a defendant who is immune from such relief. … Because plaintiff has failed to establish jurisdiction in this court, the court DISMISSES the plaintiffs complaint.
Cited 27 timesPublishedBerg v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 14, 2022
In this case, both experts are neurologists and are qualified to offer an opinion. Dr. … Donofrio is board certified in electrodiagnostic medicine and neuromuscular medicine and thus is especially well qualified to discuss and interpret Ms. Moss’s EMG testing. Dr.
Cited 0 timesPublishedChas. H. Tompkins Co. v. United States
43 Fed. Cl. 716 · United States Court of Federal Claims · May 12, 1999
Thus, plaintiff argues, the mere fact that this information is meant to assist the contracting officer and is not an automatic qualifier, does not make the requirement any less of a definitive responsibility criterion since … In the FBI’s February 5, 1999 letter denying Tompkins’ agency protest, the Chief Contracting Officer stated, “Clearly, the FBI did not consider the information defined in Section 1.24 as ‘definitive responsibility criteria
Cited 25 timesPublishedMeridian Engineering Company v. United States
130 Fed. Cl. 147 · United States Court of Federal Claims · Dec 30, 2016
Van Noy is an expert in his respective field and qualified to testify as such. See Fed. R. … Hadley is an expert in her respective field and qualified to testify as such. See Fed. R.
Cited 3 timesPublishedUnited States Court of Federal Claims · Sep 18, 2020
“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). … Yates’s challenge is not clearly stated, the payments that are the focus of Mr. Yates’s claim for $18,558 concern tax years 2013, 2014, 2015, 2016, and 2018. Compl. E74-E78.
Cited 0 timesPublishedKaminski v. Secretary of Health & Human Services
39 Fed. Cl. 253 · United States Court of Federal Claims · Oct 27, 1997
Congress clearly did not intend such outcome. The case of Allen v. … Hirsch’s opinion that these symptoms are sufficiently severe to qualify as a Table injury, namely HHE and/or shock collapse. Kaminski v.
Cited 6 timesPublished40 Fed. Cl. 67 · United States Court of Federal Claims · Jan 6, 1998
Any new enlistment is clearly a military function which the court should not perform, as requested by plaintiff, on the facts of this case. … On this record, this fact clearly trumps the facts plaintiff seeks to prove at trial. Hence, a trial would be futile.
Cited 3 timesPublishedUnited States Court of Federal Claims · Oct 28, 2021
Career enlisted Marines who do not extend/reenlist in order to qualify for assignment will sign the following page 11 SRB entry. MCO P1300.8R ¶ 1102. … The Court cannot, however, establish the rules in the first instance.
Cited 0 timesPublished70 Fed. Cl. 57 · United States Court of Federal Claims · Feb 27, 2006
He was qualified as a diver and during his active duty incurred several injuries while diving. … Weinstein and found qualified for separation. (Id. at DA 119.) Plaintiff was honorably discharged from active duty on June 20, 1978.
Cited 11 timesPublished31 Fed. Cl. 53 · United States Court of Federal Claims · Apr 4, 1994
Plaintiffs’ water rights have not been established in Nevada judicial proceedings. … Clearly under these provisions, plaintiffs’ range improvement permits are not limited to the “care and management of permitted livestock” as plaintiffs claim.
Cited 2 timesPublished86 Fed. Cl. 575 · United States Court of Federal Claims · Mar 23, 2009
With respect to PO 4191, however, the Court found that JGB did not qualify as a third-party beneficiary because Ms. … Kawa’s identity was clearly and specifically revealed before the time that performance was due.
Cited 10 timesPublished
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