Case law

Yankee Atomic Electric Co. v. United States

54 Fed. Cl. 306 · United States Court of Federal Claims · Oct 30, 2002

charged with making the decision, but merely establish that the documents “reflect” policy deliberations. … policies to particular facts, which clearly would be post-decisional.

Afghan American Army Services Corp. v. United States

90 Fed. Cl. 341 · United States Court of Federal Claims · Nov 4, 2009

Vehicle operators had to be trained, qualified and properly licensed. AR Tab 1 at 57. … (c) Provide all trucks and equipment ...; (d) Recruit and vet a qualified work force ...; (e) Provide a qualified operational staff, ..., to in-elude mobilization of key personnel and badging for all employees.”

Doug Paluck and Rhonda Paluck, as Parents and Natural Guardians on Behalf of Their Minor Son, Karl Paluck v. Secretary of Health and Human Services

United States Court of Federal Claims · May 10, 2013

to establish the factors set forth in Althen v. … Snodgrass stated that “a fever two days after immunization is unlikely to be due to those immunizations.” Tr. 339:1-2.30 Even though Karl had a fever on two days in January, Dr.

Pusateri v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 12, 2026

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Savasan states: IMMUNIZATION STATUS: [Petitioner] has received all of her immunizations, receiving two of the three doses of Gardasil; however, [petitioner] has not mounted an immune response to the

Sciortino v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2024

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … This occurs due to immune “dysregulation”—and the cytokines have been established to play some role in PMR’s pathogenesis, despite Dr. Matloubian’s denials. Br. at 7.

Behrens v. United States

132 Fed. Cl. 663 · United States Court of Federal Claims · Jun 23, 2017

The deed also contains the habendum language: “To [h]ave and to hold the same, together with all the rights, immunities, privileges and appurtenances to the same.” Id. at 21. … The map clearly shows that the property, highlighted in red, is contained in section four, while the rail line is below, contained in section nine. See id.

Grivna v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 16, 2020

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … M.G. received the flu immunization on November 20, 2013. The vaccination was administered within the United States.

Chant Engineering Co. v. United States

75 Fed. Cl. 62 · United States Court of Federal Claims · Jan 10, 2007

They did not do a good job in convincing the committee they are qualified in supplying the test equipment. … According to the court: *68 “[Prejudice (or injury) is a necessary element of standing____[A] potential bidder must establish that it had a substantial chance of securing the award in order to establish standing----In bid

Lemieux v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2026

Under the “Immunization” section of the record, it states, “Flu vaccine is felt to have triggered his immune response leading to his immune thrombocytopenia. … Consistent with the above, petitioner has established Althen prong two. V.

Dewit v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 24, 2026

He affirmed that the record “clearly in error was filed with the court”. Pet. Ex. 67 at 1. At hearing, Mr. … The IOM also discusses T cell contribution to establishment and maintenance of immune responses, clearance of pathogens, and maintenance of self-tolerance. Pet. Ex. 85 at 2.

Griffin v. United States

United States Court of Federal Claims · Apr 13, 2022

Section 7422(a) of the Internal Revenue Code waives sovereign immunity only when a taxpayer has filed a qualifying tax-refund claim with the IRS. 26 U.S.C. § 7422(a); see Chi. Milwaukee Corp. v. … Frivolous claims include those that are “clearly baseless,” “fanciful,” “fantastic,” and “delusional.” Denton v.

Jacunski v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 15, 2014

HHS, 704 F.3d at 1537 (“The Loving test combines the first three Whitecotton factors, which establish significant aggravation, with the Althen factors, which establish causation.”) … However, clearly Petitioner’s condition got progressively worse during 2007.

Quapaw Tribe of Oklahoma v. United States

123 Fed. Cl. 673 · United States Court of Federal Claims · Oct 1, 2015

The standard of review on a motion for summary judgment is well established. … The Court will not employ a twisted interpretation of the 1833 Treaty to allow the Government to escape a promise it so clearly made.

YRT Services Corp. v. United States

38 Cont. Cas. Fed. 76,512 · United States Court of Federal Claims · May 6, 1993

The strengths and weaknesses of each offeror should be summarized and the qualified offers identified along with the recommended offer. … Clearly, NPS treated the limit on liability as a responsiveness issue.

in Winstar-Related Cases v. United States

37 Fed. Cl. 174 · United States Court of Federal Claims · Jan 7, 1997

FIRREA also defined “qualifying supervisory goodwill” as supervisory goodwill existing on April 12, 1989, amortized on a straightline basis over the shorter of 20 years, or the remaining period for amortization in effect … This six-year statute of limitations is “a condition of the government’s waiver of sovereign immunity and, as such, must be strictly construed.” Hopland Band of Porno Indians v.

Advanced Systems Development, Inc. v. United States

72 Fed. Cl. 25 · United States Court of Federal Claims · Jul 21, 2006

The Government brief, however, clearly relied on the documents on the question of merits. … The July 5 supplemental findings for the first time establish a dollar figure for the purported economic advantages of the consolidated contract.

ANAHEIM GARDENS v. United States

United States Court of Federal Claims · Jan 24, 2025

Riddiough clearly explained his methodology and the inputs he used to determine the economic losses for each of the FWPs’ properties. Dr. … As convincingly established at trial, she is a highly qualified expert in the field of appraisals. (See Trial Tr. vol. 10, Konikoff, 1956:4–1958:5, 1963:12–1964:20, 1977:20–1978:5, Jan. 23, 2023, ECF No. 672).

Energy Northwest v. United States

91 Fed. Cl. 531 · United States Court of Federal Claims · Feb 26, 2010

The Standard Contract establishes a specific methodology for paying fees to the Nuclear Waste Fund. Standard Contract, art. VIII. … Accordingly, because, as an aspect of sovereign immunity, the no-interest rule is “construed to apply broadly to claims for interest,” England v.

Abraham v. United States

81 Fed. Cl. 178 · United States Court of Federal Claims · Mar 24, 2008

Dallas, 493 U.S. 215, 231 , 110 S.Ct. 596 , 107 L.Ed.2d 603 (1990) (holding that the burden is on the party seeking to exercise jurisdiction clearly to allege facts sufficient to establish jurisdiction); see also RCFC 12( … United States, 922 F.2d 816, 820 (Fed.Cir.1990) (“[T]he Claims Court held that Congress had not relinquished the Government’s sovereign immunity with respect to implied-in-law contract obligations.”).

Exum v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 25, 2024

In his opinion, Petitioner’s immune self-tolerance was broken due to T-cell cross reaction, resulting from the suppression of bystander immune cells by the measles virus, allowing the immune system to attack self antigens … He specified that the innate immune response is suppressed, leading the adaptive immune response to compensate. Id. at 113.