Case law

Opinions from 1658 to today.

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  • Novitskaya v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 5, 2026

    levels post immunization. … While not dispositive, this certainly qualifies as strong evidence that was not adequately addressed by Dr. Horan.

    Cited 0 timesUnpublished
  • Tinsley v. United States

    72 Fed. Cl. 326 · United States Court of Federal Claims · Aug 2, 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 . … The United States Court of Appeals for the Federal Circuit has clearly identified this court’s lack of jurisdiction over criminal matters and due process claims. In Joshua v.

    Cited 0 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
  • Williams v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 22, 2025

    Akbari’s PhD in immunology, absent any clinical expertise, qualified him to comment on petitioner’s medical history. Resp. Ex. … Cl. 762, 784 (2024) (finding special master did not err in denying entitlement when petitioner did not establish that she had immune complexes after asserting a theory involving immune complexes); Dodd v.

    Cited 0 timesUnpublished
  • California Marine Cleaning, Inc. v. United States

    43 Fed. Cl. 724 · United States Court of Federal Claims · May 14, 1999

    California Marine was clearly the prevailing party in that it obtained injunctive relief in this bid protest proceeding. … The Court has interpreted this exception narrowly, stating that: the exception for “limited availability of qualified attorneys for the proceedings involved” must refer to attorneys “qualified for the proceedings” in some

    Cited 40 timesPublished
  • Leuz v. Secretary of Health & Human Services

    17 A.L.R. Fed. 2d 895 · United States Court of Federal Claims · Jan 4, 2005

    Congressional consent to suit in the Court of Federal Claims, which thereby waives sovereign immunity, must be explicit and strictly construed. United States v. … Thus, the Vaccine Act’s eligibility standard complies with equal protection principles so long as it meets the “rational basis” test traditionally applied to legislation that confers benefits on qualifying persons.

    Cited 14 timesPublished
  • Acme Worldwide Enterprises, Inc. v. United States

    United States Court of Federal Claims · Apr 11, 2018

    The Uusi court observed that “[t]he interest of the third-party indemnitor is well established” in the Court of Federal Claims. Id. … The Uusi court declared that such indemnification obligations “clearly qualif[ied]” the subcontractor to “intervene as a matter of right.” Id. at 611-12.

    Cited 0 timesPublished
  • Ammex, Inc. v. United States

    52 Fed. Cl. 303 · United States Court of Federal Claims · Apr 10, 2002

    In short, Am-mex has not offered any facts or other evidence that it participated in any activities that would qualify it as a “wholesale distributor” within the meaning of the statute. … Here, clearly, there is a legally protected interest, ie., an injury in fact.

    Cited 8 timesPublished
  • City of Fresno v. United States

    United States Court of Federal Claims · Jun 6, 2022

    A contrary interpretation would prioritize the clearly subordinated contractual rights of the Friant Contractors over the superior rights of the Exchange Contractors. Accord Westlands I, 153 F. … IMMUNITY UNDER THE FRIANT CONTRACT The Court’s conclusion that Reclamation did not breach the Friant Contract is further supported by the immunity clause included in the Friant Contract.

    Cited 0 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
  • Republic Savings Bank v. United States

    80 Fed. Cl. 295 · United States Court of Federal Claims · Jan 25, 2008

    However, Congress has not waived sovereign immunity which would allow a court to assess interest in this class of non-CDA contracts. Thus, complete justice cannot be done. As the Court stated in Suess v. … They understood that while a framework for the protection of rights under law had been established in 1789, its complete fulfillment was an ongoing project for the ages.

    Cited 2 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
  • BURCHIANTI v. SECRETARY OF HEALTH AND HUMAN SERVICES

    United States Court of Federal Claims · Jan 30, 2024

    Kinsbourne explained, “It is well established that ictogenesis by an adaptive immune response takes 4-5 days or longer. … Thus, petitioner has failed to establish Althen prong one by preponderant evidence. b.

    Cited 0 timesUnpublished
  • Tecom, Inc. v. United States

    66 Fed. Cl. 736 · United States Court of Federal Claims · Jun 27, 2005

    And in the closely-analogous circumstance of state or local officials accused of violating civil rights under color of law — cases in which improper intent is an issue and qualified immunity applies — the Supreme Court rejected … The Court on occasion would state conclusions such as that “the facts clearly established by the greater weight of the credible evidence of record” favored the contractor. Needles v.

    Cited 63 timesPublished
  • Myers Investigative & Security Services, Inc. v. United States

    47 Fed. Cl. 605 · United States Court of Federal Claims · Sep 7, 2000

    United States, 29 Fed.Cl. 506, 517 (1993) (Crown Laundry) (finding that a contract lacking a minimum quantity clause could not qualify as an indefinite quantity contract). … This 8(a) Contract may exceed this maximum dollar value established here only as permitted by the Contracting Officer and the ...

    Cited 20 timesPublished
  • Cote v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 1, 2026

    However, even setting that risk factor aside, he clearly agrees that infection can trigger RA. (Id. … (stating that “many studies clearly show that the induction of autoimmunity and RA in humans often requires an environmental trigger, such as infection or immunization”).)

    Cited 0 timesUnpublished
  • Shell Petroleum, Inc. v. United States

    47 Fed. Cl. 812 · United States Court of Federal Claims · Sep 21, 2000

    In briefing the motion for reconsideration, the Defendant clearly articulated a proposed definition of “directly related.” … In many cases, the information obtained from the witness’ tax return is used to cast doubt upon his credibility as a witness, as opposed to establishing the tax liability in issue.

    Cited 22 timesPublished
  • Correira v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 8, 2025

    Regarding bystander activation, he observes that the normal immune state incudes auto- reactive cells that are suppressed by immune tolerance, thereby preventing autoimmune 3 The Institute of Medicine (known as the National … Bystander activation occurs when infection or immunization stimulate the immune system in such a way as to overcome that immune tolerance. Id. In petitioner's case, Dr.

    Cited 0 timesUnpublished
  • Williams Alaska Petroleum, Inc. v. United States

    57 Fed. Cl. 789 · United States Court of Federal Claims · Oct 1, 2003

    Therefore, what his declaration offers may qualify as an informed opinion — Mr. … is to define the appropriate type of supply that qualifies for an EPA, not the mechanism for adjusting it.”

    Cited 6 timesPublished
  • Suel v. Secretary of Department of Health & Human Servies

    31 Fed. Cl. 1 · United States Court of Federal Claims · Dec 21, 1993

    other seizures, as well as those known to have TS, because “immunizations with DPT have been reported to precede the onset of infantile spasms,” and repetitive seizures influence the outcome of the disorder. … An abuse of discretion by a finder of fact occurs when (1) the court’s decision is clearly unreasonable, arbitrary or fanciful, (2) the decision is based on an erroneous conclusion of law, (3) the court’s findings are clearly

    Superseded by Margaret Whitecotton, by Her Next Friends, Kay Whitecotton and Michael Whitecotton v. Secretary of Health and Human Services, 81 F.3d 1099 (1996)Cited 8 timesPublished

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