Case law

Suzuki v. United States

29 Fed. Cl. 688 · United States Court of Federal Claims · Oct 22, 1993

Salfi had been married for less than six months at the time of her husband's death and, hence, did not qualify for surviv- or benefits under the statutory definition of “widow.” Ms. … The Court articulated the proper standard for evaluating the constitutionality of such a denial of benefits, as follows: The standard for testing the validity of Congress’ Social Security classification was clearly stated

Velasquez v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2026

She denied any previous issues with immunizations, any injuries or other possible triggers for the pain, or any history of left shoulder problems. Id. … Moreover, certain medical records are even more specific, and set forth timeframes that clearly fall within the Table-defined onset period.

Brown v. United States

36 Fed. Cl. 290 · United States Court of Federal Claims · Aug 8, 1996

Petitioner has not established that a notice of deficiency has been sent to him so as to form a basis for an appeal to this Court for the taxable year 1990. … It is a well established rule of law that contracts entered into under duress will not be enforced by the courts.

Fluor Hanford, Inc. v. United States

66 Fed. Cl. 230 · United States Court of Federal Claims · Jul 1, 2005

That case held that a state university did not qualify for Eleventh Amendment immunity from a qui tam lawsuit because the United States was the real party in interest even though the Government did not intervene. 7 Id. at … Congress established qui tam procedures to encourage private citizens to come forward when they know of fraudulent claims against the United States.

Lewis v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 30, 2020

The [Vaccine Program] and Special Masters benefit from new perspectives brought in by extremely well qualified experts . . . … (3) the court’s findings are clearly erroneous; or (4) the record contains no evidence on which the . . . court rationally could have based its decision.

Cycenas v. United States

120 Fed. Cl. 485 · United States Court of Federal Claims · Mar 12, 2015

The March 15, 2013 letter, however, states clearly that “[t]his is not a payoff statement. Instructions on how to receive a payoff statement are on Page 2 of this letter.” … A definite offer and an unconditional acceptance must be established.” Russell Corp. v. United States, 210 Ct.

Karuk Tribe of California v. United States

41 Fed. Cl. 468 · United States Court of Federal Claims · Aug 6, 1998

When Congress intends to convey vested title in land, it uses express language of permanence, and clearly identifies the beneficiaries. … Thus, if Congress had wanted to vest the plaintiffs or their ancestors with compensable expectancies in the Reservation, it clearly knew what language to use.

Wyodak Resources Development Corp. v. United States

107 Fed. Cl. 624 · United States Court of Federal Claims · Nov 30, 2012

Congress enacted SMCRA in 1977 to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations.” 30 U.S.C. § 1202 (a). … Furthermore, “[i]t is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.” Martinez v.

in all Winstar-Related Cases at the Court v. United States

44 Fed. Cl. 3 · United States Court of Federal Claims · May 20, 1999

Even if FDIC’s interests were “adequately protected by existing parties,” its claims and the “main aetion[s]” plainly have “a question of law or fact in common,” RCFC 24(b), qualifying FDIC for permissive intervention. … See 12 U.S.C. § 1821a concerning the establishment of the FSLIC Resolution Fund.

Estate of Smith v. United States

103 Fed. Cl. 533 · United States Court of Federal Claims · Feb 13, 2012

Essentially, Section 7422(a) functions as a waiver of the government’s sovereign immunity in tax refund suits. See Chicago Milwaukee Corp. v. … The Supreme Court also has written that “administrative *551 implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority to the agency generally to

Wittmann v. United States

37 Fed. Cl. 239 · United States Court of Federal Claims · Feb 3, 1997

The district court dismissed the misrepresentation claim on the ground that the United States had not waived sovereign immunity for the tort of misrepresentation and dismissed the Bivens claim on the ground that the existence … Indeed, prior to the auction plaintiff apparently had a copy of the notice of sale which stated clearly that the property was being offered subject to any prior valid outstanding encumbrances and that no claim would be considered

Gruber ex rel. Gruber v. Secretary of Health & Human Services

91 Fed. Cl. 773 · United States Court of Federal Claims · Feb 25, 2010

However, a reduction to an explicit billing claim by Petitioners’ counsel must be explained clearly in the Special Master’s decision and reasonably based on the documents and facts of the particular case. Ms. … White, one of Petitioners' expert witnesses, juvenile dermatomyositis can be described as a “rare autoimmune disease [] belonging to the group of idiopathic inflammatory myopathies (MM),” which are "diseases te which the immune

Ingham Regional Medical Center v. United States

126 Fed. Cl. 1 · United States Court of Federal Claims · Mar 22, 2016

If an individual claim qualifies for payment under the TRICARE Program, then the claim is reimbursed in accordance with the guidelines set forth in 32 C.F.R. § 199.14. … The language of the Release clearly and expressly incorporated the terms of the April 25, 2011 Letter.

Rowan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 9, 2015

Petitioner argues that defendant’s expert witnesses were not qualified to critique Dr. Shoenfeld’s theory because neither Dr. Cetaruk nor Dr. Whitton reviewed Ms. … Petitioner attempts to argue that she must have had a genetic predisposition because she “clearly developed a genetic disease.”

Sekri, Inc. v. United States

United States Court of Federal Claims · Jun 1, 2023

Assessment of attorney’s fees is inappropriate when a party merely bases its arguments on an “‘erroneous view of the law or on a clearly erroneous assessment of the evidence.’” Level 3 Commc’ns, 724 F. … The applicant for attorney’s fees bears the burden of establishing entitlement to an award. Rumsey v. Dep’t of Just., 866 F.3d 1375, 1379 (Fed. Cir. 2017).

Beard v. United States

125 Fed. Cl. 148 · United States Court of Federal Claims · Jan 29, 2016

For purposes of establishing jurisdiction, it is sufficient that plaintiff make a non-frivolous allegation. … Rather, the rights conferred by these provisions are qualified.

Thumser v. United States

53 Fed. Cl. 371 · United States Court of Federal Claims · Aug 27, 2002

Thumser’s superior officers, Lieutenant Colonel (“LTC”) Edwin Hawley, to write a Letter of Reprimand (LOR) and establish an Unfavorable Information File (“UIF”) on April o, 1989. On May 1, 1989, Maj. … Thumser’s assertion that the alleged permission of his superiors “immunizes” him from TDY travel policy violations based on United States v. Roberts, 779 F.2d 565, 567-68 (9th Cir.1986) is misplaced.

Potomac Electric Power Co. v. United States

107 Fed. Cl. 725 · United States Court of Federal Claims · Sep 19, 2012

July 22, 2010) (noting that FRE 502 “was enacted ... to address the conflict among courts regarding the effect of inadvertent disclosures of information protected by the attorney-client privilege or work product immunity … United States, No. 11-555C, does not expressly limit its application to inadvertent disclosures, it is quite clearly limited to disclosures made “pursuant to this Order,” which goes on to discuss (only) accidental disclosures

Delgado v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 17, 2025

Novakovic further noted that Petitioner’s IgE was high and would qualify her for Xolair. Id. at 608. She improved with treatment and was discharged home on September 28, 2015. Id. at 539. … When asked if Petitioner’s reaction would qualify as anaphylaxis, Dr.

Western Management, Inc. v. United States

45 Fed. Cl. 543 · United States Court of Federal Claims · Jan 21, 2000

Kovacevich is clearly a statutory employee. The stipulated facts establish that Mr. Kovacevich was given an office, fixed employees’ wages, and had the authority to hire and fire employees. … Kovacevich, as president of plaintiff corporation, was clearly a statutory employee.