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 timesUnpublished72 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 timesPublished57 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 timesPublishedWilliams 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 timesUnpublishedCalifornia 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 timesPublishedLeuz 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 timesPublishedAcme 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 timesPublished52 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 timesPublishedCity 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 timesPublishedBLR 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 timesPublishedRepublic 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 timesPublishedBoyd 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 timesUnpublishedBURCHIANTI 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 timesUnpublished66 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 timesPublishedMyers 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 timesPublishedCote 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 timesUnpublishedShell 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 timesPublishedCorreira 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 timesUnpublishedWilliams 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 timesPublishedSuel 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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