Case law
Opinions from 1658 to today.
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Favor Techconsulting, LLC v. United States
132 Fed. Cl. 292 · United States Court of Federal Claims · May 31, 2017
Since FTC has established that it is a “prevailing party,” the burden then shifts to the Government to establish that its position was not “substantially justified.” Pl. Mot. at 6. … FTC replies that the Government has not met the burden to establish that its position was “substantially justified,” or “clearly reasonable” in law and fact. Pl. Reply at 2.
Cited 2 timesPublished66 Fed. Cl. 133 · United States Court of Federal Claims · Jun 24, 2005
Van Cleave’s medical records establish that he suffered attacks more frequently than once a month. … Van Cleave qualified for a thirty percent disability rating based on headache frequency alone.
Cited 14 timesPublished29 Fed. Cl. 525 · United States Court of Federal Claims · Sep 27, 1993
The moving party bears the burden of establishing an absence of evidence to support the nonmovant’s case. Adickes v. S.H. Kress and Co., 398 U.S. 144, 157 , 90 S.Ct. 1598, 1608 , 26 L.Ed.2d 142 (1970). … Clearly, an immediacy requirement exists for this category of person because the enlisted man must be “dis *531 charged to accept a commission.” The Senate never considered personnel in Mr.
Cited 3 timesPublishedGlobal Military Marketing, Inc. v. United States
118 Fed. Cl. 624 · United States Court of Federal Claims · Sep 29, 2014
United States for the proposition that “the opportunity to qualify either as an actual or a prospective bidder ends when the proposal period ends.” 878 F.2d at 365. … Here, in contrast, Plaintiff clearly did expect to submit a proposal prior to the closing date and attempted to do so but was thwarted by weather-caused delays.
Cited 1 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 timesUnpublishedGalvan v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 31, 2020
However, the Stavridis special master was concerned that “[i]f petitioner’s cobbled-together definition were accepted, it seems a great number of minor procedures would qualify as surgical intervention.” Id. at *4. … Accordingly, there is a well-established practice of special masters entertaining motions to dismiss in the context of RCFC 12(b)(6), which allows the defense of “failure to state a claim upon which relief can be granted”
Cited 0 timesPublishedUnited States Court of Federal Claims · Jun 30, 2016
the Sex Offender Registration and I' Plaintiff identified a federal judge, who has immunity when performing judicial functions, and an Assistant United States Attomey, who has immunity with respect to "conduct … And, plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. Serv., 846F.2d746,748 (Fed.
Cited 0 timesUnpublished93 Fed. Cl. 41 · United States Court of Federal Claims · May 4, 2010
McNinch qualifies as an expert. FRE 702 states that a witness may be qualified as an expert “by knowledge, skill, experience, training, or education.” Fed.R.Evid. 702. Dr. … Section 1 of the McNinch Report clearly outlines the way in which sidescan sonar is typically used to map the lakebed and to determine the “distribution of various geological substrates.” Id. at 2. Dr.
Cited 9 timesPublishedAlvarado v. Secretary of Health and Human Services
United States Court of Federal Claims · May 4, 2026
Finally – and the key question in most cases under the Program – the petitioner must also establish a causal link between the vaccination and the injury. … to produce a stronger immune response.
Cited 0 timesUnpublished30 Fed. Cl. 207 · United States Court of Federal Claims · Dec 3, 1993
McIntyre then suggests that his separation was not voluntary because he contacted his congressman and petitioned the ABCMR soon thereafter, but clearly this does not make his separation an involuntary act, particularly in … The established tule is that one is not entitled to the benefit of a position until he has been duly appointed to it. .
Cited 17 timesPublished28 Fed. Cl. 702 · United States Court of Federal Claims · Jul 29, 1993
The Court explained: Here, we have instances of undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion. … Punishment and deterrence were not relevant factors in assessing liability for compensatory damages and hence, in awarding punitive damages, the jury had to consider elements distinct from those establishing liability for
Cited 10 timesPublishedManagement & Training Corporation v. United States
United States Court of Federal Claims · May 3, 2018
In some procurement scenarios, direct economic interest may be established by the fact that a qualified contractor was “deprived of the opportunity to compete” for the procured services. Distributed Sols., Inc. v. … First, the protestors “established themselves as prospective bidders in that they submitted qualifying proposals in response [to the government’s request for information] and, according to their complaint, were prepared to
Cited 0 timesPublished46 Fed. Cl. 793 · United States Court of Federal Claims · Jun 5, 2000
The Concept of Operations established four phases for the SERB’s internal decision making. … The SERB was clearly instructed to apply one standard to one racial group and a different standard to another racial group.
Cited 18 timesPublished44 Fed. Cl. 441 · United States Court of Federal Claims · Aug 6, 1999
By letter dated March 26, 1990, plaintiff advised the Commandant of her belief that a one-year extension did not qualify as the “tour of duty” for which she had volunteered. … In the instant case, the Secretary’s delegate, the Coast Guard, has established pursuant to this authority a policy that “[r]eserve officers who have once failed of selection for promotion may request an extension on active
Cited 14 timesPublishedUnited States Court of Federal Claims · Apr 26, 2013
Axelrod’s report is insufficient on its face to establish Program entitlement. Even if Dr. … [that] result[ed] in an unwanted immune response against otherwise normal tissues,” Id. at 3, and Jacob’s “activated immune system” caused “immune mediated damage” in the form of “demyelinated or thinly myelinated axons.”
Cited 0 timesUnpublishedStelco Holding Co. v. United States
44 Fed. Cl. 703 · United States Court of Federal Claims · Sep 9, 1999
Caselaw clearly puts the burden on plaintiffs to establish the facts that give the court subject matter jurisdiction over its complaint. Reynolds, 846 F.2d at 748 . … Although the record clearly establishes Stelco’s culpability beyond reasonable dispute, our task is complicated by the defendant’s conduct, which is hardly beyond reproach.
Cited 20 timesPublishedVeterans Technology, LLC v. United States
133 Fed. Cl. 146 · United States Court of Federal Claims · Aug 2, 2017
On May 2, 2016, the SBA Area Office found, since Vet Tech was a joint venture,5 it could only qualify for a “small business” set-aside contract, if all of its members were small businesses. … (emphasis added). 10 The “previous relationships with or ties to another concern” clause clearly raises due process concerns. See Brasslett v.
Cited 4 timesPublishedNorth Carolina Division of Services for the Blind v. United States
53 Fed. Cl. 147 · United States Court of Federal Claims · Aug 2, 2002
After a review of DOD implementation guidance, Fort Bragg reported to its higher headquarters that its food services solicitation did not qualify under the Randolph-Sheppard Act. … Jones did not establish a likelihood of success on the merits of the case.
Cited 42 timesPublishedSwintosky v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 13, 2017
documentation establishing that they have been appointed as guardian(s)/conservator(s) of C.M.S.'s estate; c. … There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.
Cited 0 timesUnpublished118 Fed. Cl. 394 · United States Court of Federal Claims · Jul 28, 2014
“Manifest” injustice means “clearly apparent or obvious” and “refers to injustice that is apparent to the point of almost being indisputable.” Martin v. United States, 103 Fed. … Paulmann was not qualified as an expert and did not testify on any aspect of the WilsonMiller reports. Mr.
Cited 3 timesPublished
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