Case law
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1.01s
64 Fed. Cl. 203 · United States Court of Federal Claims · Feb 18, 2005
The Court finds that Bethel is an established community or suitable place of residence based on its population of 5,471 people. Therefore, Bethel cannot qualify as remote under 5 U.S.C. § 5942 . b. … Therefore, the first prong of 5 C.F.R. § 591.306 (a)(2) is clearly not fulfilled. Plaintiffs do, however, meet the second prong of 5 C.F.R. § 591.306 (a)(2).
Cited 3 timesPublishedAluminum Shapes, LLC v. United States
United States Court of Federal Claims · Oct 17, 2018
Plaintiff bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence. Reynolds, 846 F.2d at 748 (citations omitted). … predecessor court, the Court of Claims: It would be reasonable to expect that the court which is to police and, in appropriate cases enforce, agreements for plea bargains, or witness protection, or for immunity
Cited 0 timesPublishedMarketing & Management Information, Inc. v. United States
62 Fed. Cl. 126 · United States Court of Federal Claims · Sep 20, 2004
Kenneth Metcalfe, is qualified to testify as to damages. Oral argument was held on September 9, 2004. … Commissary data is clearly personal property of the United States. See City of Burbank v.
Cited 6 timesPublishedCurry v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 16, 2025
in cases where a claimant clearly fails at least one). … First, Respondent has clearly established that urinary and bladder issues can be presenting symptoms of TM.
Cited 0 timesUnpublishedBoatmon v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 18, 2018
She argued that the cytokines released as part of the immune response at the site of the inoculation are “transient and tightly regulated.” … The Special Master also found that Petitioners had established the timeliness requirement of Prong Three.
Cited 0 timesPublished47 Fed. Cl. 106 · United States Court of Federal Claims · Jun 22, 2000
United States, the court acknowledged the Dehne case, but found section 1552 to be pay-mandating in circumstances in which a claimant can qualify for compensation after a change of records. … “The statute of limitations is an express limitation on the Tucker Act’s waiver of sovereign immunity.” Hart v.
Cited 10 timesPublishedRogan v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 29, 2025
Ex. 39 at 4 (“The relationship between atopy and AA is well established.”). 32 Thus, in his second report, Dr. … However, in a majority of AA cases, no specific cause for the onset of AA can be “ever be clearly identified.” Id. Thus, it does not appear that Dr. Krakowski takes issue with the causal mechanisms described by Dr.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Apr 28, 2026
To establish Indian Tucker Act jurisdiction under a breach of trust theory, as Plaintiffs allege here, the plaintiff “must identify a substantive source of law that establishes specific fiduciary or other duties, and … Cl. 1967) (holding that the Skykomish tribe qualified as an “identifiable group” because, although it later went out of existence as a tribe, the claims being brought were “representative” of the tribe).
Cited 0 timesPublished67 Fed. Cl. 263 · United States Court of Federal Claims · Aug 18, 2005
Defendant challenges plaintiffs’ attempt to establish a compensable taking pursuant to the Fifth Amendment. … Neither Boise Cascade nor Tabb Lakes evidenced anything that might have qualified as a final agency determination. In this case, the study may qualify, and the plaintiffs are entitled to submit evidence on the issue.
Cited 3 timesPublishedThreshold Technologies, Inc. v. United States
117 Fed. Cl. 681 · United States Court of Federal Claims · Aug 29, 2014
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 Cnty., Cal. v. … A finding of third party beneficiary status creates a waiver of sovereign immunity in disputes before this court, and the traditional view is that “[w]aivers of sovereign immunity are construed narrowly.” Hinck v.
Cited 9 timesPublishedJacobs Technology Inc. v. United States
100 Fed. Cl. 173 · United States Court of Federal Claims · May 16, 2011
In the statute, the latter cause of action is preceded by “or,” which clearly indicates that this is a separate ground of jurisdiction. … The fact that an agency procurement action was taken as corrective action resulting from a GAO bid protest does not alter this landscape or immunize the agency action from judicial review.
Cited 12 timesPublishedTechnatomy Corporation v. United States
United States Court of Federal Claims · Oct 10, 2024
According to the VA, those top thirty proposals offered fair and reasonable prices (AR193559) and were qualified for the award (AR193567-69). … Section 128.402(e)(2)(ii) thus creates an 2 Tribility’s joint venture agreement apparently was established under section 128.8, not section 128.402.
Cited 0 timesPublished69 Fed. Cl. 593 · United States Court of Federal Claims · Feb 22, 2006
Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … Fisher’s well-pleaded complaint, clearly grounded on a statute that mandates compensation, gives the Court of Federal Claims subject-matter jurisdiction to address the case on the merits.
Cited 17 timesPublished42 Cont. Cas. Fed. 77,343 · United States Court of Federal Claims · Jul 21, 1998
I have however, included with this FAX the biographical data sheets of the other instructors who are also well qualified to teach this course. … Thus, Murphy clearly had not reached a firm agreement with plaintiff on specific terms, i.e., there was no meeting of the minds.
Cited 1 timesPublishedMcKENNEY v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Feb 11, 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 … Jamison explained that GBS “occurs when the immune response cross-reacts with peripheral nerve components,” and that the “immune response can follow infection, immunization, surgery, or even trauma.” Id.
Cited 0 timesUnpublished65 Fed. Cl. 449 · United States Court of Federal Claims · May 12, 2005
Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … United States, 59 Fed.Cl. 467, 471 (2004) (“The ‘in lieu of language in section 609(a) clearly indicates that the contractor has a choice of forums but does not allow the contractor to pursue its claims before both forums
Cited 7 timesPublishedChristofferson v. United States
67 Fed. Cl. 68 · United States Court of Federal Claims · Jul 29, 2005
In Concord, the biggest push to identify a pool of qualified individuals occurred immediately leading up to the NFRU operation. … Leaders of this nature do not qualify for exemption as executive employees. Adams, 350 F.3d at 1223 ; see also 5 C.F.R. § 551.104 .
Cited 4 timesPublishedGillon v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 3, 2026
He explained that GBS is understood to be an immune-mediated disease arising from aberrant immune cross-reactivity that damages peripheral nerves. Pet’r Ex. 10 at 4. … It also noted that autoantibodies, complement activation, immune complexes, T cells, and molecular mimicry may contribute to the development of GBS-associated symptoms, although the available publications did not establish
Cited 0 timesUnpublishedCamacho Keja v. Secretary of Health and Human Services
United States Court of Federal Claims · May 3, 2021
Fujinami established, since it inherently takes longer for the secondary production of B cells or T cells implicated in that segment of an immune reaction. Fujinami Rep. at 4-6. Dr. … Treaters clearly struggled to define the nature of her condition, and some ultimately speculated that she could have some form of spondyloarthropathy.
Cited 0 timesUnpublishedNew Hampshire Flight Procurement, LLC v. United States
118 Fed. Cl. 203 · United States Court of Federal Claims · Aug 29, 2014
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 Cnty., Cal. v. … A finding of third party beneficiary status creates a waiver of sovereign immunity in disputes before this court, and the traditional view is that “[w]aivers of sovereign immunity are construed narrowly.” Hinck v.
Cited 2 timesPublished
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