Case law

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 ...

Fee v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2026

DeAngelo stated that haptenation “is a well-established mechanism whereby a non-immunogenic drug or 33 Yahel Segal & Yehuda Shoenfeld, Vaccine-Induced Autoimmunity: The Role of Molecular Mimicry and Immune Crossreaction … Accordingly, he opined Petitioner’s URI “clearly falls within the window to cause her GBS.” Id. 7. Dr. DeAngelo’s Third Supplemental Report Dr. DeAngelo first addressed Dr.

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”).)

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.

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.

Byrd v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 22, 2019

His petition included six pages of undesignated exhibits:* an “Immunization Administration Record” from Giant Eagle Pharmacy dated October 1, 2015, showing that Mr. … are clearly erroneous ot without rational support in the record.

P.S. v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 4, 2023

Special Master Hastings explained that the policy considerations underlying the scheme for awarding of attorneys’ fees and costs was to give petitioners the ability to obtain qualified assistance from counsel, citing to the … However, controlling case law requires petitioners moving under RCFC 60(b) to establish “extraordinary circumstances.”7 Ortiz-Mutilitis, No. 03-0059V, 2012 WL 3902472, at *2 (citing Ackerman v.

Barnette v. Secretary, Department of Health & Human Services

110 Fed. Cl. 34 · United States Court of Federal Claims · Mar 21, 2013

We cannot therefore conclude that the special master, in choosing the interpretation of one qualified expert over another, committed reversible error. … The special master provided a thorough analysis of the medical records, the medical literatee, and the opinions of both parties’ experts and reached a conclusion that was clearly articulated, well supported, and entirely

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.

Rice Systems, Inc. v. United States

62 Fed. Cl. 608 · United States Court of Federal Claims · Oct 29, 2004

Abid was qualified to assume the position of Principal Investigator on the project. Differences of opinion, even if genuinely held, however, are not sufficient to establish bad faith. … However, the [May 4, 1999] termination letter clearly states that "due to Rice Systems’ inability to provide a qualified Principal Investigator for this contract, the Contract Manager requested the subject contract be closed

BACON v. United States

United States Court of Federal Claims · Jan 27, 2025

DISCUSSION To establish a Fifth Amendment taking, a plaintiff must possess a protectable property interest in the subject of the taking. Palmyra Pac. Seafoods, L.L.C. v. United States, 561 F.3d 1361, 1364 (Fed. … App. 1984) (holding that language stating “to have and to hold the same together with all singular rights, immunities, privileges and appurtenances to the same” conveys a fee simple interest).

System Fuels, Inc. v. United States

92 Fed. Cl. 101 · United States Court of Federal Claims · Mar 11, 2010

Metcalfe is a CPA, not a nuclear engineer and is not qualified to testify about nuclear power plant operations. 7/20/09 TR 114, 215-16 (Metcalfe). … The “cost of borrowed funds” is “interest,” and SFI has not shown a contractual or congressional waiver of sovereign immunity that authorizes such a claim. Id. at 6. 2. Plaintiffs’ Response.

Arredondo v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 27, 2023

Whitton’s believed that “medical personnel clearly considered viral infection as a likely cause” of her Bell’s palsy. Id. However, Dr. … Callaghan is well qualified to opine on diagnosis and the etiology of that diagnosis by virtue of his training, experience, and qualifications, the undersigned finds his opinions more persuasive.

Coffee Connections, Inc. v. United States

113 Fed. Cl. 741 · United States Court of Federal Claims · Dec 3, 2013

In addition, she found that in the absence of the manager, no other employee qualified as Serve Safe Certified. 5 App. 275-76. … This is true even if the contract states that the CDA applies because “only Congress can waive sovereign immunity; parties may not by contract bestow jurisdiction on a court.” Pacrim Pizza Co. v.

Harmonia Holdings Group, LLC v. United States

132 Fed. Cl. 129 · United States Court of Federal Claims · May 23, 2017

Your price portion must clearly identify your basis of estimate for the entire period of performance for this effort. AR 32. … Because Plaintiff was a qualified offeror in the competitive range under the original RFQ and filed a protest challenging the amended RFQ prior to the close of bidding, Plaintiff qualifies as a prospective offeror.

Castaneda v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 22, 2021

Höke was well- qualified and that he credibly addressed the features of S.E.C.’s injury that were perhaps unusual for GBS. … Höke opined that the medical records clearly support that after the December 21, 2014 flu vaccination,26 S.E.C. developed GBS, summarized as “a clearly progressive syndrome characterized by weakness in all limbs, ataxia,

Alliance of Descendants of Texas Land Grants v. United States

27 Fed. Cl. 837 · United States Court of Federal Claims · Mar 26, 1993

The cases before the court are clearly distinguishable from these cited cases on the facts pleaded in plaintiffs’ complaints. Third, plaintiffs suggest that the U.S. … That there was an unconstitutional taking had already been established.

Acadiana Management Group, LLC v. United States

United States Court of Federal Claims · Nov 30, 2020

The Tucker Act “waives the Government’s sovereign immunity for those actions.” See Fisher, 402 F.3d at 1172. … The statute at issue here, 28 U.S.C. § 1930, is clearly a fee authorizing statute and plaintiffs have alleged an illegal exaction claim based on the fees they paid pursuant to the statute.

Sharp v. United States

80 Fed. Cl. 422 · United States Court of Federal Claims · Feb 11, 2008

Service members do not pay any premiums as a condition of participating in DIC; payments to the survivors of qualifying service members are automatic. Id. … “The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver of [sovereign immunity effected by] the Tucker Act, a plaintiff must identify a separate

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.”