Case law
Opinions from 1658 to today.
4,740 results
1.58s
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 timesUnpublished72 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 timesPublishedD.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 timesPublishedSkinner-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 timesPublished85 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 timesPublishedIxi 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 timesPublishedPalm 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 timesPublished104 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 timesPublishedImpresa 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 timesPublished122 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 timesPublishedBrennan 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 timesUnpublished32 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 timesPublishedMultimedia 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 timesPublishedCarda 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 timesPublished40 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 timesPublished91 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 timesPublishedBio-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 timesPublishedKentucky 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 timesPublishedPrecise 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 timesPublishedBrice 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
Ask Donna