Case law

Ground Improvement Techniques, Inc. v. United States

108 Fed. Cl. 162 · United States Court of Federal Claims · Dec 5, 2012

court’s discussion of the “otherwise in privity” factors in a section titled “Intent of the Parties”); Lockheed Martin I, 50 Fed.Cl. at 566 (“[For] the central Johnson Controls analysis[,] [because waivers of sovereign immunity … Thus, the second “otherwise in privity” factor does not clearly weigh against plaintiffs’ allegation that GIT and the United States are in privity.

Warrior Service Company, LLC v. United States

United States Court of Federal Claims · Aug 13, 2020

“To be eligible for award, an offeror must be rated no less than SATISFACTORY based on established evaluation criteria in the non-price factors.” … In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of nonresponsibility.” FAR 9.103(b).

Cook v. United States

32 Fed. Cl. 170 · United States Court of Federal Claims · Sep 30, 1994

[T]o be valid, exemptions to tax laws should be clearly expressed.” Capoeman, 351 U.S. at 6 , 76 S.Ct. at 615 . … However, plaintiffs do not qualify for this exemption because 1) they are neither an Indian tribal government nor a subdivision thereof, 2) the sale of fuel by plaintiffs did not involve a State or a political subdivision

Stearns Co. v. United States

53 Fed. Cl. 446 · United States Court of Federal Claims · Aug 5, 2002

Although the government has not shown that Stearns’ rights, as established by the 1937 deed, were invalid, it suggests that at some point those rights ceased to exist, notwithstanding the fact that they were clearly preserved … Those rales clearly contemplated mining.

Four Rivers Investments, Inc. v. United States

77 Fed. Cl. 592 · United States Court of Federal Claims · Jul 27, 2007

However, plaintiff bears the burden of establishing subject matter jurisdiction, Alder Terrace, Inc. v. United States, 161 F.3d 1372, 1377 (Fed.Cir.1998) (citing McNutt v. Gen. … The court agrees that plaintiff has not established a valid jurisdictional basis for its challenge to the tax lien-related collections by the IRS, as more fully explained below.

Dorota Von Maack v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 6, 2013

The plain language of the statute clearly provides that filing means filing in the Court of Federal Claims. … Second, the contact that Petitioner had with GlaxoSmithKline does not qualify as a defective pleading.

New York Life Insurance v. United States

41 Fed. Cl. 60 · United States Court of Federal Claims · Apr 22, 1998

BACKGROUND Plaintiff provides a group health plan for the benefit of its qualifying insurance agents. … Plaintiff contends that the inclusion of “self-employed individuals” and those “associated with the employer in a business relationship” clearly covered independent contractors as well as common law employees.

Stobie Creek Investments, LLC v. United States

82 Fed. Cl. 636 · United States Court of Federal Claims · Jul 31, 2008

(CCH) at 727 . *667 Defendant’s invocation of I.R.C. § 988(d)(1) is similarly unpersuasive, as defendant did not establish that the Welleses’ FXDOTs qualify as “988 hedging transactions.” … Analysis/step transaction redux Plaintiffs’ attempts to interject the Welles-es’ valid business purposes in establishing Stobie Creek do not immunize the series of transactions undertaken pursuant to the J & G strategy from

Pool v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 15, 2025

Articles like Olivieri and Arumugham establish that flu vaccines can trigger immune responses when antigens and host proteins share similar structures, and that the AChR protein in the flu vaccine resembles human AChR protein … This process is relevant even for the seronegative form of MG, where the immune response may be driven more by immune cells other than antibodies. Br. at 10-13.

Exxon Corp. v. United States

40 Fed. Cl. 73 · United States Court of Federal Claims · Jan 7, 1998

Apparently, these facts were deemed established by concession of the parties or by affidavit. Id. at 723-24 & n. 5. … In any case, Treas.Reg. § 1.613-3(a) controverts no clearly stated statutory requirement.

Harkcon, Inc. v. United States

133 Fed. Cl. 441 · United States Court of Federal Claims · Jul 28, 2017

Further, the RFP contained specifications that the contract awardee “shall provide qualified personnel . . . in task orders under this Contract,” id. at 260 (emphasis added), and agreed to “assign only personnel who are qualified … Harkcon was not entitled to unilaterally reframe the educational requirements for key personnel that were clearly described in the RFP at issue.

Coutts v. United States

47 Fed. Cl. 118 · United States Court of Federal Claims · Jun 30, 2000

The language of this statute is clearly discretionary through the use of the word “may.” … In this case, NHTSA was acting under the clearly discretionary language of FWRA when establishing the conditions under which buyouts would be granted to insure the agency’s ability to carry out its mission.

McNabb v. United States

54 Fed. Cl. 759 · United States Court of Federal Claims · Dec 10, 2002

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 . … However, plaintiffs do not clearly address their claim as a standard taking claim in their response.

Fishkis v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 2, 2016

Secondary amenorrhea is “cessation of menstruation after it has once been established at puberty.” Secondary Amenorrhea, Dorland’s. 20 Menarche is “the establishment or beginning of menstruation.” Menarche, Dorland’s. … Fishkis’] POI symptoms began, but it would be reasonable to conclude that at the time of her elevated FSH … the process was clearly established, and so I would use that April 2012 [sic] as the date from which to establish

Orbis Sibro, Inc. v. United States

117 Fed. Cl. 446 · United States Court of Federal Claims · Jul 18, 2014

“In other words, once the task or delivery order contract itself has been obtained through full and open competition, orders made pursuant to that contract are immune from CICA’s full and open competition requirements.” … Such a stratagem attempts to evade the bar of task order bid protests clearly enunciated in Section 253j(d). But see Cmty.

Baker v. United States

34 Fed. Cl. 645 · United States Court of Federal Claims · Dec 12, 1995

The section of the Charge establishing the criteria to be applied in considering women and minorities reads: Your evaluation of minority and women officers must clearly afford them fair and equitable consideration. … In order to ensure fairness, DOD Directive 1332.32(e)(1) establishes a right to a centralized process of SERB selection.

Thomas v. United States

56 Fed. Cl. 112 · United States Court of Federal Claims · Apr 7, 2003

If the provision is found to be “money-mandating,” the party need not rely upon a waiver of sovereign immunity beyond the Tucker Act. See Huston v. … However, the IRS documents indicate that plaintiff filed his claim too late to qualify as a timely refund. The records state that Mr.

Coltec Industries, Inc. v. United States

62 Fed. Cl. 716 · United States Court of Federal Claims · Oct 29, 2004

Coltec And Garloek Transferred Qualifying “Property” To Garrison. … The conversion of these businesses into corporate form was clearly to serve a bona fide business pur *742 pose.

Distributed Solutions, Inc. v. United States

104 Fed. Cl. 368 · United States Court of Federal Claims · May 2, 2012

“The Federal Circuit found that Plaintiffs were clearly prospective offerors, as they each submitted qualifying proposals, participated in the RFI process, and ... … Similarly, in Distributed Solutions, the Federal Circuit found that plaintiffs were clearly prospective offerors, as they each submitted qualifying proposals, participated in the RFI process, and “were prepared to submit

Van Leer-Greenberg v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 15, 2023

tests revealed [that the child] had no lingering symptoms or recurrence of thrombocytopenic purpura[;]” and because “there [was] no showing or argument that [the testing] was detrimental to B.W.’s health such that it might qualify … Thus, if Petitioner were required to establish that H.V.L.’s injury lasted for six months after injury onset, he would need to establish that H.V.L.’s injury lasted through late March of 2019.