Case law

CATONE v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Sep 19, 2025

Therefore, petitioners must meet the burden of proof for establishing causation-in-fact. … Rostad have been clearly implicated as a cause of seizures or a contributor to SUDC. (Ex. I, p. 5 (citing Dominique F.

Banks v. United States

78 Fed. Cl. 603 · United States Court of Federal Claims · Sep 28, 2007

The court qualified Dr. … The court qualified Dr.

Sierra Nevada Corp. v. United States

107 Fed. Cl. 735 · United States Court of Federal Claims · Nov 1, 2012

During argument the court was assured that the effect of the corrective action was to qualify HBDC to submit a new proposal, not to find that HBDC’s proposal qualified to put it in the competitive range. … Id. at 48-49, App. at A311. 12 Defendant dismisses plaintiff’s OCI claim as “clearly meritless.” Id. at 52.

Christos v. United States

48 Fed. Cl. 469 · United States Court of Federal Claims · Dec 19, 2000

It is important, however, for the court to carefully “distinguish between incidental and indirect beneficiaries and direct beneficiaries, only the latter of which qualifies for third-party beneficiary status.” … Since the disclaimer clearly states defendant is not directly liable to third parties, plaintiffs cannot establish the third prong of the agency test.

Forest Products Northwest, Inc. v. United States

62 Fed. Cl. 109 · United States Court of Federal Claims · Sep 17, 2004

But this contention clearly stands the statutory scheme on its head. … A party establishes good cause by specifically demonstrating that “disclosure will cause a clearly defined and serious injury.” Glenmede Trust Co. v. Thompson, 56 F.3d 476, 483 (3d Cir.1995).

Christofferson v. United States

78 Fed. Cl. 810 · United States Court of Federal Claims · Oct 25, 2007

The party claiming the privilege bears the burden of establishing it. See id. … , and, in context, clearly refers to situations in which individual clients had questions or concerns about the lawsuit, and decided to contact someone for assistance.

Quattrini v. United States

United States Court of Federal Claims · Mar 22, 2021

Plaintiffs Have Not Established Jurisdiction To establish subject-matter jurisdiction in this tax refund case, plaintiffs must show that they have satisfied the requirements for bringing a tax refund action in this … C.I.R., 270 F.3d 1297, 1300 (10th Cir. 2001) (“The Code clearly states that, in order to be valid, a tax return must be signed.”).

Cardiosom, L.L.C. v. United States

58 Cont. Cas. Fed. 305,043 · United States Court of Federal Claims · Jun 30, 2014

Cir. 2011) (finding that the immunity provision in MIPPA did not manifest an unambiguous intent to withdraw the Tucker Act’s waiver of sovereign immunity), rev’g 91 Fed. Cl. 659 (2010); Cardiosom, L.L.C. v. … Plaintiff has established its breach of contract claim and thereby, has proven defendant’s contract liability. B.

Globe Life & Accident Insurance v. United States

54 Fed. Cl. 132 · United States Court of Federal Claims · Oct 9, 2002

And unfortunately, the dating on the contract termination would not occur until after the agency department had clearly satisfied itself that the could never recover this item. … These were clearly terminated agents as far as I’m concerned. *143 Thus, initially, Mr. Miller turned to a report prepared by Paul Campbell, the chief actuary of LIMRA.

W & D Ships Deck Works, Inc. v. United States

42 Cont. Cas. Fed. 77,222 · United States Court of Federal Claims · Dec 1, 1997

Courts may not overrule agency competitive range decisions except where the CO’s actions are clearly unreasonable. Birch & Davis, 4 F.3d at 973 . … This court will not accept plaintiffs invitation to establish a contracting scheme that would be so contrary to the established rules governing bid proposals and their evaluation, particularly when the solicitation warned

True v. Secretary of Health and Human Services

United States Court of Federal Claims · May 7, 2025

He also 23 A recall response refers to a secondary immune response, which is “the immune response occurring on the second and subsequent exposures to an antigen; compared to a primary immune response, the lag period … “Although immune-mediated damage through molecular mimicry has been suggested, . . . this has not been established for any viral pathogen in postinfectious myelopathy.” Id. at 11.

Waterman v. Secretary of Health and Human Services

123 Fed. Cl. 564 · United States Court of Federal Claims · Oct 23, 2015

A subset of infants may be more susceptible to reactions to immunizations. … Cir. 1993), it is well-established that symptoms of death do not independently establish the existence of a Table injury, Hodges, 9 F.3d at 960.

Savantage Financial Services Inc. v. United States

81 Fed. Cl. 300 · United States Court of Federal Claims · Mar 17, 2008

When the court’s subject matter jurisdiction is called into question, the plaintiff “bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Id. … This is clearly at odds with the statutory definition of “procurement.” .

Bloomington Hospital v. United States

29 Fed. Cl. 286 · United States Court of Federal Claims · Sep 23, 1993

The settlement agreement clearly indicates that those hospitals that can qualify as parties to the settlement agreement must fulfill two prerequisites. … While the Fiscal Intermediary may be a part of the "administrative level,” a cost report is clearly not an "appeal.”

Hage v. United States

51 Fed. Cl. 570 · United States Court of Federal Claims · Jan 29, 2002

Finally, the court determined which of those vested water rights qualify as “1866 ditches.” … Indeed, the Supreme Court stated this principle quite clearly a year ago in Christensen v.

Turner v. United States

United States Court of Federal Claims · Jun 15, 2022

This Court’s jurisdiction is defined by the Tucker Act, which waives the sovereign immunity of the United States for “any claim against the United States founded either upon the Constitution, or any Act of Congress or any … The Military Pay Act establishes entitlements to basic pay by uniformed servicemembers. 37 U.S.C. § 204(a).

U.S. Home Corp. v. United States

92 Fed. Cl. 401 · United States Court of Federal Claims · Apr 15, 2010

This breach of contract claim is clearly referred to as a “Breach of Covenants.” Compl. at 19. … The Tucker Act concurrently “waives the Government’s sovereign immunity for those actions.” Fisher, 402 F.3d at 1172 .

Holt v. United States

39 Fed. Cl. 525 · United States Court of Federal Claims · Nov 10, 1997

This right to an ongoing flow of payments pursuant to the installment notes is clearly an item of income in respect of a decedent under 26 U.S.C. § 691 (a)(4). … Johnson-Holt’s one-half interest in the installment notes qualifies for a step-up in basis.

Kohler Co. v. United States

34 Fed. Cl. 379 · United States Court of Federal Claims · Nov 3, 1995

Investment Review Act (FIRA) requires a company controlled by nonresidents of Canada to file an application with the Foreign Investment Review Agency when the company seeks to acquire control of a Canadian business or to establish … It is likely that Kohler would not have qualified for the grant without incorporating in Canada.

Gardner v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 17, 2024

Cir. 2007) (noting that “the government bears the burden of establishing alternative causation . . . once petitioner has established a prima facie case”)). … Foley noted that petitioner’s “spinal cord disease clearly was related to his flu shot.