Case law

Opinions from 1658 to today.

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  • Padmanabhan v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 14, 2015

    Specifically, the filed medical records do not reflect any qualified physician’s diagnosis of a mitochondrial disorder, despite petitioners’ claims. … diagnosis clearly established in this record, petitioners have failed to show the predicate facts that would place their son’s clinical picture within the ambit of this theory.

    Cited 0 timesUnpublished
  • Groff v. United States

    72 Fed. Cl. 68 · United States Court of Federal Claims · Jul 27, 2006

    The BJA found that SJH had “a clearly superior right of control as his employer, ie., the company could remove Mr. … Contractor’s original rates were established under the 1995 bid.

    Cited 6 timesPublished
  • D.G. v. Secretary of Heath and Human Services

    United States Court of Federal Claims · Jun 18, 2019

    Steinman “simply qualifies these symptoms as ‘relevant’ to his diagnosis of autoimmune dysautonomia (Ex. 93).” Id. at 31-32. Dr. … Steinman is unclear as to whether innate immunity or adaptive immunity causes AAG. Dr.

    Cited 0 timesPublished
  • Skinner-Smith v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 3, 2019

    A health care provider can choose not to qualify under the MMA, and if so, “the patient of a health care provider who has not qualified is no different from any other tort or contract victim, while the patient of a qualified … Cir. 2011) (“‘[W]here Congress has clearly stated its intent in the language of a statute, a court should not inquire further into the meaning of the statute.’” (quoting Millenium Lumber Distrib., Ltd. v.

    Cited 0 timesPublished
  • Goist v. United States

    85 Fed. Cl. 726 · United States Court of Federal Claims · Feb 12, 2009

    Mere labels are insufficient to establish jurisdiction. Just as importantly, plaintiffs contractual theory is utterly fanciful. … To the contrary, this plaintiff has engaged in a campaign of harassment against various attorneys and judges and in so doing, has clearly abused the legal process. .

    Cited 1 timesPublished
  • Ixi Technology Electronic Warfare, LLC v. United States

    United States Court of Federal Claims · Feb 28, 2023

    The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process[,]” including “objections to a proposed award, objections to an award, and objections … to establish standing.”).

    Cited 0 timesPublished
  • Palm Beach Isles Associates v. United States

    58 Fed. Cl. 657 · United States Court of Federal Claims · Dec 5, 2003

    The court qualified Mr. Kyzer as an expert on the impact of proposed projects on navigation. Mr. … However, one of the plaintiffs' witnesses, Martin Gau-thier, an engineer who processed the permit application for the plaintiffs, stated that the western boundary of the submerged parcel has never been clearly established

    Cited 2 timesPublished
  • Terex Corp. v. United States

    104 Fed. Cl. 525 · United States Court of Federal Claims · Apr 4, 2012

    Test was conducted by holding 1.5 mph for length of time to make the data readable and establish a constant drawbar pull force (lbf) to evaluate grade ability. … Nestico’s affidavit as a post-hoc rationalization, but rather as a coherent synthesis of the process clearly set forth in the solicitation.

    Cited 3 timesPublished
  • Impresa Construzioni Geom. Domenico Garufi v. United States

    89 Fed. Cl. 449 · United States Court of Federal Claims · Oct 23, 2009

    More specifically, “[t]o qualify as a prevailing party, plaintiff must satisfy the eligibility requirements of both net worth and number of employees.” Al Ghanim, 67 Fed.Cl. at 498 ; (quoting Lion Raisins, Inc. v. … However, neither of the declarations clearly addresses the total net worth of Domenico Garufi as owner of a sole proprietorship on June 28, 1999, the date the complaint was filed.

    Cited 3 timesPublished
  • Woodruff v. United States

    122 Fed. Cl. 761 · United States Court of Federal Claims · Aug 19, 2015

    A definite offer and an unconditional acceptance must be established." Russell Corp. v. … Ct. 126 (2012) ("A plaintiff lacking privity of contract can nonetheless sue for damages under that contract if it qualifies as an intended third-party beneficiary."); Alpine Cntv.. Cal. v.

    Cited 2 timesPublished
  • Brennan v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 26, 2018

    Brennan had not clearly identified the injury he was alleging and that his treating doctors believed many of the symptoms he complained of originated from psychiatric issues. Resp’t’s Rep. at 16. … Brennan has not even established his diagnosis, he cannot establish the other burdens necessary to be entitled to compensation. Accordingly, the undersigned finds that Mr.

    Cited 0 timesUnpublished
  • Cole v. United States

    32 Fed. Cl. 797 · United States Court of Federal Claims · Feb 27, 1995

    These changes are probably a normal variant but this must be established clinically.” In his Report of Medical Examination Dr. … In light of the differing interpretations placed on Major Cole’s EKGs by apparently qualified physicians, and Rev.

    Cited 5 timesPublished
  • Multimedia Environmental Compliance Group Jv v. United States

    United States Court of Federal Claims · Sep 18, 2025

    Under the program, “[a] protégé and mentor may joint venture as a small business for any government prime contract 2 . . . provided the protégé qualifies as small for the … Thus, Acacia7 contended that “the [JVA] does not qualify for SBA’s exception for affiliation between joint venturers.” AR 5615. On January 22, 2025, OHA reversed the Area Office’s size determination.

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

    United States Court of Federal Claims · Jan 11, 2018

    Mar. 12, 2010) (petitioner’s expert far less qualified to offer opinion on general causation issues pertaining to autism than specific issues pertaining to the petitioner’s actual medical history, given the nature of the … But such ends-based reasoning relies too heavily on the temporal relationship between G.J.C.’s vaccinations and his later intussusception, and is clearly rejected by relevant case law. See, e.g., U.S. Steel Group v.

    Cited 0 timesPublished
  • Massie v. United States

    40 Fed. Cl. 151 · United States Court of Federal Claims · Dec 23, 1997

    The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. at 953 . … In the first place, the “guarantee” is clearly limited to fifteen years.

    Reversed on other grounds by Jill K. Massie, as Mother and Next Friend of Autumn Massie v. United States, 166 F.3d 1184 (1999)Cited 9 timesPublished
  • Gossage v. United States

    91 Fed. Cl. 101 · United States Court of Federal Claims · Jan 14, 2010

    A plaintiff also must establish a deficiency with “cogent and clearly convincing evidence,” overcoming the strong presumption that the Government discharged its duties “correctly, lawfully, and in good faith.” … When the ABCMR “fails to correct an injustice clearly presented in the record before it, it is acting in violation of its mandate.” Id.

    Cited 3 timesPublished
  • Bio-Medical Applications of Aquadilla, Inc. v. United States

    119 Fed. Cl. 546 · United States Court of Federal Claims · Dec 19, 2014

    (citing 28 U.S.C. § 1491(a)(1)). 3 The Tucker Act concurrently “waives the Government’s sovereign immunity for those actions.” Id. … Although Wesleyan did not sign the purchase orders, it performed, which clearly signals acceptance.

    Cited 1 timesPublished
  • Kentucky Bridge & Dam, Inc. v. United States

    42 Cont. Cas. Fed. 77,404 · United States Court of Federal Claims · Nov 18, 1998

    United States, 32 Fed.Cl. at 695 . *516 The burden of establishing jurisdiction is on the plaintiff. McNutt v. … However, this is clearly not so. For instance, an REA is anything but a “routine request for payment.”

    Cited 15 timesPublished
  • Precise Systems, Inc. v. United States

    122 Fed. Cl. 263 · United States Court of Federal Claims · Jul 28, 2015

    Now post- remand, the court finds that the OHA has outlined more clearly its basis for departing from Precision Analytical as precedent in this case. See OHA Redetermination, at *13– 14. … stock qualified as separate “classes.”

    Cited 7 timesPublished
  • Brice v. Secretary of the Department of Health & Human Services

    36 Fed. Cl. 474 · United States Court of Federal Claims · Sep 6, 1996

    the vaccine which were unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit____ Under this definition, a petitioner very possibly would not know that the vaccine recipient suffered from a qualifying … In certain areas, the level of immunization against some preventable diseases has decreased while the incidence of those diseases has increased. H.R.Rep. No. 908 at 4, reprinted in 1986 U.S.C.C.A.N. at 6345.

    Cited 14 timesPublished

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