Case law

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  • Balasco v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 16, 2020

    (Svetlana Blitshteyn et al., Autonomic Dysfunction and HPV Immunization: An Overview, 66 IMMUNOLOGICAL RESEARCH 744 (2018) (Ex. 89).) However, these symptom “clusters” are not well established. … Joint pain was not reported until February of 2016, at which point the onset is not clearly described. (Ex. 8, p. 20.)

    Cited 0 timesPublished
  • Dachman v. United States

    73 Fed. Cl. 508 · United States Court of Federal Claims · Oct 4, 2006

    Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … Although the plaintiff continues to argue that her termination was improper, and that her termination did not establish her obligation to repay her PCA allotment, the PCA agreement, which plaintiff signed, states clearly

    Cited 3 timesPublished
  • Vanalco, Inc. v. United States

    48 Fed. Cl. 68 · United States Court of Federal Claims · Oct 19, 2000

    Injunctive relief The Tucker Act is the primary statute setting forth this court’s jurisdiction, and it serves as both a grant of jurisdiction and a waiver of sovereign immunity. See United States v. … Memorandum in Support of Vanalco’s Motion to Establish Jurisdiction at 1.

    Cited 41 timesPublished
  • Rueda-Rojas v. United States

    98 Fed. Cl. 671 · United States Court of Federal Claims · May 23, 2011

    Plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. … The court should not re-transfer cases except for in “exceptional circumstances,” where the initial transfer decision was “clearly erroneous and would work a manifest injustice.” Id.

    Cited 2 timesPublished
  • Vaizburd v. United States

    57 Fed. Cl. 221 · United States Court of Federal Claims · Jun 30, 2003

    Straddling the suspected date of taking is understandable in a ease such as this, when the impact is cumulative and no one single event constitutes a clearly identifiable taking. … The critical fact is that the dynamics of beach renourishment, erosion and deposition on Gravesend Beach are well-established. . Mr.

    Vacated by Linda Vaizburd and Arkady Vaizburd v. United States, 384 F.3d 1278 (2004)Cited 5 timesPublished
  • BLR Group of America, Inc. v. United States

    94 Fed. Cl. 354 · United States Court of Federal Claims · Aug 16, 2010

    Several agencies have established policies wild procedures for collecting, recording and 'using past performance information. … Unquestionably, the Federal Circuit has crafted a broad definition explaining what qualifies as a valid demand for relief. And, on its face, plaintiff’s response to the CPAR appears to fall within the definition.

    Cited 10 timesPublished
  • C & G Excavating, Inc. v. United States

    39 Cont. Cas. Fed. 76,715 · United States Court of Federal Claims · Oct 24, 1994

    First, plaintiff bears the burden of establishing responsibility. FAR § 9.103(c). … United States Dep’t. of Navy, 19 F.3d 1342 (11th Cir.1994), which is relevant only if plaintiff can establish that the SBA violated established policies.

    Cited 15 timesPublished
  • Allicent Technology, LLC v. United States

    United States Court of Federal Claims · Jun 2, 2023

    To establish standing in a bid protest, plaintiffs must establish that they are interested parties under Section 1491(b)(1). … Clearly these plaintiffs adequately allege facts sufficient to establish a substantial chance of award if they prevail on proving the allegations in their complaints.

    Cited 0 timesPublished
  • Munoz v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 6, 2024

    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 … Efthimiou referenced evidence establishing that PMR occurs in a context of elevated cytokines (proinflammatory immune cells stimulated during the innate immune response) as well as “T helper cells,” which encourage the production

    Cited 0 timesUnpublished
  • Anoruo v. United States

    United States Court of Federal Claims · Jan 29, 2018

    Anoruo has not established jurisdiction of this Court because the statutes he cites are not money-mandating. … Clearly, Plaintiffs 5 right to a payment under the SLRP was never established and cannot be enforced by this Court.

    Cited 0 timesPublished
  • US Securities Associates, Inc. v. United States

    123 Fed. Cl. 663 · 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 2 timesPublished
  • Information Sciences Corp. v. United States

    85 Fed. Cl. 195 · United States Court of Federal Claims · Dec 30, 2008

    The burden of establishing jurisdiction falls upon the plaintiff. See FW/ PBS, Inc. v. … As a matter of law, the Tucker Act recognizes only waiver of sovereign immunity for a “violation of statute or regulation,” not FAR guidelines. Id. at 10-11.

    Cited 13 timesPublished
  • Coast-To-Coast Financial Corp. v. United States

    58 Fed. Cl. 327 · United States Court of Federal Claims · Oct 31, 2003

    According to defendant, there is evidence that regulators held the view that only “unidentified” intangible assets qualified for forbearance, while CTC believed that “identified” intangible assets would also qualify. … We note, however, that the Court went on to say that "few contract cases would be in court if contract language had articulated the parties' postbreach positions as clearly as might have been done, and the failure to specify

    Cited 3 timesPublished
  • Kollasch v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 3, 2021

    Petitioners Have Not Established Other Extraordinary Circumstances Warranting Relief Pursuant to RCFC 60(b)(6) A. … Although the Petitioners’ request is clearly made in good faith, they are unable to persuasively demonstrate that modification is justified or mandated by the equities.

    Cited 0 timesPublished
  • Fluellen v. United States

    44 Fed. Cl. 97 · United States Court of Federal Claims · Jun 23, 1999

    To overturn a decision of the AFBCMR, the “plaintiff must show by cogent and clearly convincing evidence ... (1) a material legal error or injustice in the correction board proceeding and (2) an adequate nexus between the … In 1981, the DoD established policies for the conduct of promotion boards throughout the agency in Directive 1320.9.

    Cited 14 timesPublished
  • Chinea v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 26, 2019

    Id. at 254 (“I could go before, but I’ll clearly say at Thanksgiving . . . .”). At hearing, Dr. … Wanschitz concluded that damaging humoral immune responses (meaning largely antibody-mediated adaptive immune responses) predominated in the “early” stages of GBS (i.e., after recognized onset), whereas cellular immune response

    Cited 0 timesPublished
  • Boyd v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 4, 2026

    Her mental status in the ED is not clearly documented, but changes are referred to in the medical record. … Valeriano, is not an expert in rheumatology, and therefore he was not as well qualified to opine on lupus as Dr.

    Cited 0 timesUnpublished
  • House v. United States

    99 Fed. Cl. 342 · United States Court of Federal Claims · Jul 8, 2011

    It is well-established that the Military Pay Act, 37 U.S.C. § 204 , upon which plaintiff relies here, qualifies as such a source. See Metz, 466 F.3d at 998 ; Smith v. … As the Fifth Circuit explained, the quoted language in the prior sentence “clearly reflects the causative element of the Christie test: the employee must show by objective evidence that the government’s action left him no

    Cited 4 timesPublished
  • Nunez v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 6, 2019

    Thus, based on the evidence, the Special Master, found that it was “more likely than not that J.J. had a brain defect,” and that J.J. qualified as a “vulnerable infant” in accordance with the first factor of the Triple Risk … Cytokines are “a generic term for nonantibody proteins released by one cell population (e.g. primed T lymphocytes) on contact with specific antigen, which act as intercellular mediators, as in the generation of an immune

    Cited 0 timesPublished
  • Spectre Corporation v. United States

    United States Court of Federal Claims · Jul 26, 2022

    Legal Standard FRE 701 states “[i]f a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly … The court held “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Id. at 267 (citation omitted).

    Cited 0 timesPublished

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