Case law
Opinions from 1658 to today.
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Strout v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 31, 2026
Although clearly easier to meet than the preponderant standard required for compensation, “courts have struggled with the nature and quantum of evidence necessary to establish a reasonable basis.” Wirtshafter v. … of the petitioner’s immune system that led to a rapid onset of GBS and thus a 1-day onset was appropriate).
Cited 0 timesUnpublishedAlqulissi v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 10, 2026
immune tolerance mechanisms, allowing him to cause immune damage to his synovia, with resultant synovitis and a clinical picture of [RA].” … Matloubian] [is] qualified to address both diagnostic and immunological issues regarding these diseases.” Resp. Ex. A at 1. b.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · May 8, 2020
As a waiver of the United States’ sovereign immunity from suit, § 1498 “must be strictly construed in favor of the United States.” Zoltek Corp. v. United States, 672 F.3d 1309, 1318 (Fed. … Plaintiffs thus fail to qualify for this exception to the Assignment of Claims Act. ii.
Cited 0 timesPublishedDelbert Wheeler Construction, Inc. v. United States
42 Cont. Cas. Fed. 77,257 · United States Court of Federal Claims · Oct 3, 1997
Defendant alleges that plaintiff cannot have standing because it could not have qualified for award of the contract in light of the mandate of 33 U.S.C. § 624 , which states that the Army Corps of Engineers shall not award … The evaluation was conducted according to the solicitation, which clearly explains and states the order of importance of each criteria.
Cited 35 timesPublishedDynCorp International LLC v. United States
76 Fed. Cl. 528 · United States Court of Federal Claims · May 24, 2007
The solicitation was clearly marked as a negotiated procurement. AR at 66. … The evaluation criteria focused on the soundness of the plan for the efficient “phasing in [of] resources and trained/qualified personnel required to assume contract tasks and responsibilities at the start of the contract
Cited 64 timesPublished52 Fed. Cl. 458 · United States Court of Federal Claims · Apr 30, 2002
The language of plaintiffs request to withdraw his resignation clearly addresses a resignation which had been previously submitted to the Army. … The Ad Hoc Review Board documents in the record clearly indicate that the Board was reviewing plaintiffs resignation after June 7, 1994.
Cited 15 timesPublishedUnited States Court of Federal Claims · Jul 2, 2025
Fowler has not shown that his mental health condition qualifies as a legal disability for purposes of extending the statute of limitations for filing a claim in this Court. To qualify under the exception, Mr. … Cl. at 528 (“As the [Court of Claims] explained, it is not ‘unique in federal law to have an administrative remedy immune from judicial review if issued after the period expired. . . .
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jun 7, 2021
Filo and in fact contemplated an additional order in its requirement of “a Qualified Domestic Relations Order to effectuate this purpose.” (Id. at 17–22). … In challenging the determinations of a military board, a plaintiff must demonstrate “by cogent and clearly convincing evidence,” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.
Cited 0 timesPublishedUnited States Court of Federal Claims · Jun 7, 2021
Filo and in fact contemplated an additional order in its requirement of “a Qualified Domestic Relations Order to effectuate this purpose.” (Id. at 17–22). … In challenging the determinations of a military board, a plaintiff must demonstrate “by cogent and clearly convincing evidence,” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.
Cited 0 timesPublished360Training.com, Inc. v. United States
104 Fed. Cl. 575 · United States Court of Federal Claims · Apr 26, 2012
OSHA was seeking to authorize qualified vendors to provide online OSHA Outreach Training Program courses (“outreach courses”) and successful applicants would be awarded a nonfinaneial “cooperative agreement.” … One of the FGCAA’s purposes was to promote uniformity in the use of the instruments and to more clearly define the relationships and corresponding responsibilities associated with each instrument. 31 U.S.C. § 6301 (2).
Cited 10 timesPublishedMarcus v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 16, 2025
She said she was clearly asked this question by Dr. Peterson, and she clearly said there was no trauma or inciting even leading to the onset of her pain.” Resp’t Ex. B at 6. However, the records from Dr. … of immune cells involved in the skin’s innate immune response are dendritic leukocytes: Langerhans cells in the epidermis and dermal dendritic cells in the dermis.”
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Sep 22, 2025
Because Plaintiff seeks to proceed in forma pauperis, ECF No. 2, the court must review the complaint to determine if it states a claim or seeks damages from one that is immune. 28 U.S.C. § 1915. … And this court’s rules clearly state that a pro se plaintiff wishing to file a complaint in this court via email must send that complaint to prose_case_filings@cfc.uscourts.gov. RCFC App’x E ¶ 9(b)(i).
Cited 0 timesUnpublishedSundance Helicopters, Inc. v. United States
104 Fed. Cl. 1 · United States Court of Federal Claims · Feb 29, 2012
The Service held that the airline qualified for the exemption because its operation did not constitute an established line. … The language of I.R.C. § 4263(c) clearly imposes a payment obligation on the air carrier. 2.
Cited 5 timesPublishedThalle Construction Co. Inc. v. United States
United States Court of Federal Claims · May 3, 2022
The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process” including objections to an award. Sys. Application & Techs., Inc. v. … The reference to “staggered approach” clearly refers to the staggering of blasting and hauling on each canal, rather than between canals.
Cited 0 timesPublishedM. v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 12, 2024
Thereafter, there is a recruitment of other immune cells by secreting cytokines and activation of the adaptive immune system. Id. … Saland qualified the statement by adding that Petitioner was undergoing further “workup for additional clarification.” Id. at 398.
Cited 0 timesUnpublished116 Fed. Cl. 691 · United States Court of Federal Claims · Jul 14, 2014
The Tucker Act confers jurisdiction on this court and waives sovereign immunity, ge Greenlee Cnty., Ariz. v. United States, 487 F.3d 871, 875 (Fed. … In the context of a military pay case, the plaintiff s burden is to show, by "cogent and clearly convincing evidence," Prochazka v. United States, 90 Fed.
Cited 5 timesPublishedRda Construction Corp. v. United States
132 Fed. Cl. 732 · United States Court of Federal Claims · Jul 27, 2017
TR at 1693 (Kelley) (“No, it’s clearly inaccurate with the date and there was also some other issues with that once we started to dig into it. . . . . … Furthermore, it is important to acknowledge that as a qualified inspector J.P.
Cited 11 timesPublished27 Fed. Cl. 235 · United States Court of Federal Claims · Dec 3, 1992
Plaintiffs maintain that on their return the line, “property qualified for investment credit, life years 7 or more— new” fulfills the function of notifying the I.R.S. of the grounds for their claim. … Clearly they do not. No indication is made of what type of expense the deduction reflects.
Cited 13 timesPublishedMarathon Targets, Inc. v. United States
United States Court of Federal Claims · Nov 21, 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.
Cited 0 timesPublishedOmaha Public Power District v. United States
44 Fed. Cl. 383 · United States Court of Federal Claims · Jul 26, 1999
The unmistakability doctrine — a principle which dictates that immunity from future legislation (here, a tax) be clearly, unmistakably incorporated into a contract with the Government in order to be *389 enforced — requires … But legitimate expectations cannot include an expectation of immunity from legislation that imposes additional costs on activities from which the plaintiff derived a prior benefit.
Cited 4 timesPublished
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