Case law

Stockton East Water District v. United States

75 Fed. Cl. 321 · United States Court of Federal Claims · Feb 20, 2007

The court concluded that “the contract is not immune from subsequently enacted statutes,” because it did not surrender in “unmistakable terms” Congress’ sovereign immunity, and, thus, “nothing in the contract precludes [a … “Waivers of the Government’s sovereign immunity, to be effective, must be unequivocally expressed.” United States v.

Paalan v. United States

58 Fed. Cl. 99 · United States Court of Federal Claims · Sep 30, 2003

New, as Evidence Custodian, clearly is qualified to testify regarding the circumstances under which plaintiffs personal property was confiscated and maintained by the Navy. Conversely, plaintiff argues that Ms. … No prejudice has been asserted or established in this case. Accordingly, plaintiffs motion to strike is denied. 2.

Garner v. Secretary of Health and Human Services

United States Court of Federal Claims · May 3, 2017

He further opined that adjuvants contained in the vaccines (intended to prompt a greater immune response) could also possibly help induce autoimmunity. Id. This theory Dr. … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim (which is the kind of claim asserted in this matter), a petitioner must satisfy all three of the elements established

Bruhn v. United States

74 Fed. Cl. 749 · United States Court of Federal Claims · Dec 12, 2006

DX 3 at 3 (stating that Farm 3 qualified for the good-faith exemption under 7 C.F.R. § 12 ); see also DX 2 at 4 (same, but discussing Farm 2); DX 1 at 1 (same, but discussing Farm 1). … Once the court’s subject matter jurisdiction is put into question, it is “incumbent upon [plaintiff] to come forward with evidence establishing the court’s jurisdic-tion____ [Plaintiff] bears the burden of establishing subject

Hoffman v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 1, 2024

He argues: “The lack of a proven pathway is an issue for those concerned with scientific certainty; biologic plausibility has clearly been achieved, at least for the foremost experts on the condition.” … a) Flu Infections, Flu Vaccines, and CIDP CIDP is considered an “immune-mediated neuropathy.” Exhibit 30 at 9. This means that a person’s immune system attacks components of the nervous system.

Garrison v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 27, 2019

alleged that as a result of a meningococcal B vaccine received on August 9, 2016, she suffered injuries including vision change, nausea, numbness in her legs and feet, cognitive changes, allergies, headaches, and a weakened immune … The information in the record, does not establish entitlement to compensation. On November 5, 2019, petitioner filed a motion for a decision dismissing the petition. Petitioner’s Motion (“Pet. Mot.”)

System Studies and Simulation, Inc. v. United States

United States Court of Federal Claims · Jan 21, 2021

However, she also concluded that CAE’s “numerous strengths” made it “clearly superior.” Id. … L3 Doss has not established that, but for this purported error, “there was a reasonable likelihood that [it] would have been awarded the contract.”

Norfolk Dredging Co. v. United States

58 Fed. Cl. 167 · United States Court of Federal Claims · Oct 14, 2003

Plaintiff has succeeded on the merits, establishing that the Corps violated an applicable procurement regulation by considering intervenor as qualified. … Taking all the facts into consideration, plaintiff has established its entitlement to injunctive relief.

James v. United States

86 Fed. Cl. 391 · United States Court of Federal Claims · Mar 5, 2009

A jurisdictional fact is clearly called into question: Whether the plaintiff Joyce James is or was the owner of 205 Dozier Lane, as the Whitley complaint alleges. … Moreover, the statement would not appear to qualify as an admission by a party-opponent, see FRE 801(d)(2), as defendant’s counsel heard it not from Ms.

Digiflight, Inc. v. United States

United States Court of Federal Claims · Apr 19, 2023

Plaintiff is clearly an actual bidder in this procurement. … harms turns in its favor, and that awarding injunctive relief is clearly in the public interest.

CTA Inc. v. United States

44 Fed. Cl. 684 · United States Court of Federal Claims · Aug 31, 1999

Therefore, the government clearly warned plaintiff that its certification was “subject to rejection.” … However, it has already been shown, supra, that plaintiff has failed to establish government knowledge of the alleged fact.

Kerr-McGee Corp. v. United States

32 Fed. Cl. 43 · United States Court of Federal Claims · Sep 12, 1994

Clearly, the Government, not the applicant, must decide whether the test has been met. 11 Neither does Berklund say that the USGS decision was in any way dispositive. … First, he notes that “the presence of attapulgite clay in the Osceola National Forest phosphate deposits has not been established.”

Black v. United States

28 Fed. Cl. 177 · United States Court of Federal Claims · Apr 28, 1993

Standard of Review Plaintiff is bound by the AFBCMR’s denial to correct his records, unless he can establish by “cogent and clearly convincing evidence” that the decision was arbitrary, capricious, unsupported by substantial … However, this grant of jurisdiction over “claims founded upon the Constitution” is qualified by a number of requirements.

Ward v. United States

133 Fed. Cl. 418 · United States Court of Federal Claims · Jul 31, 2017

The MEB clearly, but incorrectly, determined that this medical condition was incurred while he was on active duty in 2003. … Although the Tucker Act waives sovereign immunity of the United States for claims for money damages, the “Act itself does not create a substantive cause of action.” Fisher v. United States, 402 F.3d 1167, 1172 (Fed.

Chapman Law Firm Co. v. United States

62 Fed. Cl. 464 · United States Court of Federal Claims · Oct 13, 2004

The program provides for the purchase, over a two-year period, of some 125 single-family HUD residential properties, located in distressed and blighted areas of Chicago, by qualified Illinois nonprofit organizations. … This is the review standard established by 28 U.S.C. § 1491 (b)(4). Sierra, 58 Fed.Cl. at 579 .

Ferguson v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 5, 2024

Demidov could not establish an appropriate psychiatric diagnosis. Id. at 153. … Immune complexes are formed in response to an antigen. Id. These complexes are vital to regulating the immune response. Id. They also, however, can “participate in the pathologic expression of immune complex disease.”

Marathon Targets, Inc. v. United States

United States Court of Federal Claims · Nov 24, 2025

Brooks had “clearly manufactured” the evidence to support his company’s use of the protected information to challenge the TMIT award. See AR 3464. … The Government and MVP respond that the requirements are clearly laid out in the PWS. See ECF No. 49 at 31; ECF No. 50 at 38–39.

Infrastructure Defense Technologies, LLC v. United States

81 Fed. Cl. 375 · United States Court of Federal Claims · Apr 7, 2008

The protestor must show that it would have been a qualified bidder. … While IDT clearly would like to be a larger part of that program, it has not established that the Directive has the effect of a statute or regulation such that acting inconsistently with its provisions would constitute grounds

Mulrenin v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 16, 2021

Klaas clearly couched her statement in tentative terms. … Petitioner’s medical theory is not as broad as any “immune-mediated” illness. Although Dr.

Richmond American Homes of Colorado, Inc. v. United States

80 Fed. Cl. 656 · United States Court of Federal Claims · Mar 11, 2008

It is Plaintiffs’ burden to establish the entitlement and quantum of damages. … Clearly, Mr. Sehwartzkopf examined and properly applied facts evidencing standby, as part of his calculation of Eichleay damages.