Case law

Opinions from 1658 to today.

Filtersuscfc

4,740 results

1.01s

  • Agwiak v. United States

    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 timesPublished
  • Aluminum 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 timesPublished
  • Marketing & 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 timesPublished
  • Curry 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 timesUnpublished
  • Boatmon 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 timesPublished
  • Chandler v. States

    47 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 timesPublished
  • Rogan 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 timesUnpublished
  • POPE v. United States

    United 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 timesPublished
  • Sartori v. United States

    67 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 timesPublished
  • Threshold 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 timesPublished
  • Jacobs 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 timesPublished
  • Technatomy 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 timesPublished
  • Murphy v. United States

    69 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 timesPublished
  • Kenney v. United States

    42 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 timesPublished
  • McKENNEY 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 timesUnpublished
  • Zoeller v. United States

    65 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 timesPublished
  • Christofferson 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 timesPublished
  • Gillon 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 timesUnpublished
  • Camacho 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 timesUnpublished
  • New 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

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.