Case law
Opinions from 1658 to today.
4,740 results
1.26s
114 Fed. Cl. 226 · United States Court of Federal Claims · Jan 27, 2014
The Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v. … Hurtado clearly alleges in her complaint that she dealt with officials with such authority.
Cited 36 timesPublishedWillis v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 2, 2025
A.W. was referred to a neurologist and advised to refrain from immunizations until the neurology evaluation was completed. Id. When Dr. … It is clearly established that secretarial work “should be considered as normal overhead office costs included within the attorneys’ fee rates.” Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v.
Cited 0 timesUnpublishedHeritage of America, LLC v. United States
77 Fed. Cl. 66 · United States Court of Federal Claims · May 16, 2007
Plaintiff has already established its entitlement to prevail on the merits. … The Court understands that “mere loss of money does not qualify as irreparable harm if the party can be made whole through money damages.” Hawaiian Dredging, 59 Fed.Cl. at 317 .
Cited 43 timesPublishedGermaine v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 26, 2021
Santoro more clearly stated his opinions about the medical theory to “a reasonable degree of medical and scientific probability” and to “a high degree of medical certainty.” Exhibit 6 at 11. … Germaine has not established a persuasive theory by a preponderance of the evidence and, thus, he cannot establish all the elements to prevail on his claim. B.
Cited 0 timesPublishedFatima Mohamud, Parent of Koshin Yusuf, a Minor v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 30, 2013
This persistent inflammation led to a delayed immune-mediated process, molecular mimicry, which resulted in an autoimmune encephalopathy. Tr. at 8 and 12. … Haycraft, clearly states that Petitioner’s son was afebrile. Id.
Cited 0 timesPublishedUnited States Court of Federal Claims · May 9, 2023
See ECF No. 25 at 23 n.23 (noting that Lexmark is not a tax case, nor a case involving the United States’ waiver of sovereign immunity). … holding that “the issues decided by the higher court need not be identical in order to be controlling,” but “must have undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly
Cited 0 timesPublished93 Fed. Cl. 756 · United States Court of Federal Claims · Aug 13, 2010
duties,” qualify for payment under Section 206(a)(2). … The regulation provides that training is also authorized “[t]o fully qualify members in the authorized grade and position to which they are assigned” and “[t]o establish a continuing training program designed to provide the
Cited 3 timesPublishedJohns Manville Corporation v. United States
United States Court of Federal Claims · Jun 30, 2025
Cir. 1994) (“The Tucker Act is a general waiver of sovereign immunity for monetary claims against the United States.”); see Ont. … But the majority opinion specifically rejects that interpretation: “The dissent attempts, in various additional ways, to cabin, qualify, or contradict our analysis, including by wrongly suggesting that it rests on the party
Cited 0 timesPublishedWave Digital Assets, LLC v. United States
United States Court of Federal Claims · Jun 1, 2026
PWS § 2.4 (Disposal) established methods through which the contractor could dispose of cryptocurrency assets following approval. (AR 156). … If the wallets had been properly insured and audited, assets stored in them could potentially have been recognized as “Qualified” custody under the PWS.
Cited 0 timesPublishedMasai Technologies Corp. v. United States
79 Fed. Cl. 433 · United States Court of Federal Claims · Nov 14, 2007
Amendment 0003, issued on March 14, 2007, re-established the RFQ, clarified the travel requirement of the PWS, and established a new closing date of March 16, 2007 for receipt of revised proposals. AR 139. … Denny, President of Denysys, responded that CompQSoft did not provide any information and only provided two qualified personnel candidates ____ AR 744.
Cited 11 timesPublished131 Fed. Cl. 706 · United States Court of Federal Claims · Apr 28, 2017
This statute of limitations is an explicit condition of the Government’s waiver of sovereign immunity and, as a matter of law, jurisdictional. See John R. Sand & Gravel Co. v. … Ciorra’s subsequent August 26, 2016 Declaration, he appeared to partially retract and qualify his prior sworn testimony, stating: During . . . meetings [with the Sea Gate Association], the only discussion regarding
Cited 5 timesPublishedBohannon v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 4, 2025
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 … adaptive immune response to vaccination).
Cited 0 timesUnpublished127 Fed. Cl. 192 · United States Court of Federal Claims · May 27, 2016
Cl. 603, 607 (2009) ("[l]t is well-established that the Court of Federal Claims does not have jurisdiction over tort claims. Here, Mr. … Only a "serious impediment can qualify to suspend the running of the statute . "~ In the present case, plaintiff has not alleged that defendant concealed the actions which form the basis of the breach claims, or
Cited 5 timesPublishedSystem Fuels, Inc. v. United States
120 Fed. Cl. 635 · United States Court of Federal Claims · Apr 13, 2015
Dallas, 493 U.S. 215, 231 (1990) (holding that the burden is on the party seeking to exercise jurisdiction clearly to allege facts sufficient to establish jurisdiction). … Although the Government contends that transport by vehicle may have required modifications to the roads at Plaintiffs’ expense, this was not clearly established at trial. 7/22/14 TR at 695–96 (Supko) (stating that there was
Cited 4 timesPublished47 Fed. Cl. 430 · United States Court of Federal Claims · Aug 29, 2000
The court’s determination of whether a specific resignation or retirement qualifies as voluntary requires an examination of all the facts and circumstances. See Covington v. … Clearly circumstances permitted plaintiff more than one option, and plaintiffs written communications demonstrate the voluntariness of his decision to retire.
Cited 17 timesPublishedThomas H. Askins, Jr. v. United States
113 Fed. Cl. 283 · United States Court of Federal Claims · Nov 5, 2013
The rule is not designed to provide class actions with a special immunity from statutes of limitations, as would result were subsequent class actions to be filed during the extended limitations period once the suspension … Regardless of whether one agrees with that analysis of the relevant precedents, the decision was clearly based on “the appropriateness of the substantive claims for certification,” McKowan, 295 F.3d at 389, and did not depend
Cited 1 timesPublishedUnited States Court of Federal Claims · Aug 21, 2025
“Pro se or not, the plaintiff still has the burden of establishing by a preponderance of the evidence that this Court has jurisdiction over its claims.” Rothing v. United States, 132 Fed. … But these cases are clearly talking about what the Supreme Court does when it reviews its prior decisions. A different rule applies to inferior courts such as this one.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jul 31, 2019
Terry neither established a legal error nor demonstrated any arbitrary and capricious conduct by the board. … Plaintiff’s medical records from December 23, 2014 clearly state that LTC Terry was “clear to demobilize.” AR 13.d.
Cited 0 timesPublishedMeyer Group, Ltd. v. United States
129 Fed. Cl. 579 · United States Court of Federal Claims · Dec 19, 2016
Plaintiff is a qualifying private party under § 2412(d)(2)(B)(ii), because its net worth was not more than $7,000,000 and it did not have 500 employees at the time this action was filed. … Only through litigation was the Government able to establish precedent for the proposition that indefinite extension clauses in real estate brokerage agreements are subject to reasonable temporal limits.
Cited 6 timesPublishedWilliams v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 9, 2024
Akbari is not a medical doctor and is not qualified to diagnose or treat neurological conditions. b. Diagnosis Opinion Dr. … He opined that FM is immune mediated and that both the innate 44 and adaptive 45 immune systems are involved in its development. Id. at 5-6. Starting with the innate immune system, Dr.
Cited 0 timesUnpublished
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