Case law

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.

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.

Cox v. Secretary of Department of Health & Human Services

30 Fed. Cl. 136 · United States Court of Federal Claims · Nov 8, 1993

He received three DPT immunizations within six months of birth without any apparent reaction. 5 Chris suffered his first seizure nearly ten months later, on or about May 27, 1970. … We are so convinced because the parties clearly had ample opportunity to present and support their positions through briefs and submissions.

Novarro v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 28, 2016

Bond are qualified experts on life care issues with considerable Vaccine Program experience. … And both sides presented qualified and credible experts.

Birdbear v. United States

United States Court of Federal Claims · Sep 16, 2022

But the regulations clearly contemplate that inaction by the United States in the face of the theft of Plaintiffs’ mineral resources is not an option. … Because the statutes and regulations “clearly g[a]ve the Federal Government full responsibility to manage Indian resources and land for the benefit of the Indians,” the Court held, they “establish a fiduciary relationship

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.”

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.

Innovative Resources v. United States

63 Fed. Cl. 287 · United States Court of Federal Claims · Dec 17, 2004

A subcontractor does not qualify as an ‘interested party.’ ” D’s Mot. to Dismiss at 7. We shall address each of these arguments, and plaintiffs responses thereto, in turn. A. … Moreover, there is clearly no express contract between the parties. Absent any contract between the parties— implied or express — there can be no parties in privity of contract.

MPE Business Forms, Inc. v. United States

44 Fed. Cl. 421 · United States Court of Federal Claims · Jul 29, 1999

These two statutes establish a two-tiered system of judicial review for decisions' by administrative boards. … It begins by clearly reciting the facts, including the terms of the contract that are in issue.

Kaczerowski v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 30, 2025

Jamieson’s reading, the chart “clearly shows that the Tdap vaccine did not increase the risk of GBS. … Tornatore was qualified to offer an opinion on a neurologic injury like GBS and its immune etiology.

Towne v. United States

106 Fed. Cl. 704 · United States Court of Federal Claims · Oct 25, 2012

The resulting law ensures that disabled service members qualify for certain minimum severance payments, even if their service time would otherwise have been insufficient to qualify them for those payments under the general … Defendant Has Not Established That the DTM Was the Result of “Reasoned Decisionmaking ” To satisfy the “reasoned decisionmak-ing” requirement, an agency interpreting a statute must “have articulated the reasons for [its]

Alvin v. United States

50 Fed. Cl. 295 · United States Court of Federal Claims · Aug 28, 2001

Further, the instructions cautioned Board members that: Your evaluation of minorities and women must clearly afford them fair and equitable consideration. … The individuals thus identified were recommended for retirement; the rest — deemed to be the best qualified— were recommended for retention.

Davies Precision Machining, Inc. v. United States

35 Fed. Cl. 651 · United States Court of Federal Claims · May 21, 1996

For decades, the Supreme Court has interpreted the Tucker Act as having *656 provided a waiver of sovereign immunity in claims founded upon any express or implied contract with the United States. United States v. … The only procurement that qualifies for the certification requirement is procurement No. -2046, in total amount of $55,160. Plaintiff has satisfied this requirement.

Janaskie v. United States

77 Fed. Cl. 654 · United States Court of Federal Claims · Jul 31, 2007

Section 1413 (a) Petitioner would qualify for twenty-five (25) years of service if Petitioner were not too sick to stay in the military, as well as, qualify for a disability that is compensable under the laws of the Secretary … Just as in the instant action, the Pope complaint contained due process and taking claims that were clearly outside this Court’s jurisdiction and an indecipherable claim under the UCMJ.

Bice v. United States

61 Fed. Cl. 420 · United States Court of Federal Claims · Jul 29, 2004

As a result, the precise amount of carbon monoxide, if any, present in her blood at the time of her admission cannot be “objectively” established. … Clearly, this views the evidence proffered by Mr. Bice as something less than proper evidence, as “unfounded supposition.”

Pijanowski v. United States

60 Fed. Cl. 628 · United States Court of Federal Claims · May 14, 2004

However, the “statutory scheme ... clearly establishes that he was a federal employee rather than an independent contractor.” Ezekiel v. Michel, 66 F.3d 894, 900 (7th Cir.1995); See also Carrillo v. … When Congress enacted section 7405, it “intended to give the VA authority to hire additional personnel on a fee-basis in order to obtain the services of qualified personnel without the constraints of the classification laws

System Studies & Simulation, Inc v. United States

United States Court of Federal Claims · Dec 20, 2019

The ability to adequately staff qualified personnel is critical to the accomplishment of the mission. … As defendant emphasizes, the Agency is uniquely qualified in this case to evaluate L3 Doss’s past performance.

LLOYD v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Oct 24, 2025

Bonthius’s opinion, C.L.’s TM onset and immunizations line up with medical professionals’ expectations of a vaccine induced immune response. Id. … C.L. clearly did not experience a fever or any other reaction in the days after the vaccinations that would warrant a doctor or hospital visit.

Werme v. United States

United States Court of Federal Claims · Dec 14, 2022

court is committed by a federal judge which judicial immunity does not apply . . . .”). … Cir. 1988) (“[Plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” (citations omitted)).

Sunoco, Inc. v. United States

59 Fed. Cl. 390 · United States Court of Federal Claims · Jan 26, 2004

Having heard this same argument offered by Defendant more than 10 years ago, the court in MAPCO determined that whether the average price figures taken from the indexes used qualify as “published or otherwise established … The DAR provision clearly refers to the need to make any adjustments because of fluctuations in the contractor’s established prices.