Case law

Reed Island-MLC, Inc. v. United States

67 Fed. Cl. 27 · United States Court of Federal Claims · Jul 22, 2005

Here, subject matter jurisdiction is, among other things, “prescribed by the metes and bounds of the United States’ consent to be sued in its waiver of immunity.” Id. … County of Los Angeles, California, 482 U.S. 304, 318 , 107 S.Ct. 2378 , 96 L.Ed.2d 250 (1987) (“ ‘[Tjemporary5 takings ... are not different in kind from permanent takings, for which the Constitution clearly requires compensation

Sarah E. Price v. United States

United States Court of Federal Claims · Feb 10, 2025

[to] encourage [s]tate and local agencies and private interests to establish appropriate trails . . . to preserve established railroad rights-of-way for future reactivation of rail service.” See 16 U.S.C. § 1247(d). … EVID. 702 (permitting witnesses “qualified as [] expert[s] . . .

Lee v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 2, 2016

She then 3 Menarche is “the establishment or beginning of menstruation.” Menarche, Dorland’s Illustrated Medical Dictionary (32nd ed. 2012) (hereinafter “Dorland’s”). … Secondary amenorrhea is “cessation of menstruation after it has once been established at puberty.”

Hanes v. United States

44 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

Christian v. United States

46 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.

Davenport v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 12, 2023

Klauder for left shoulder pain “since immunization…in September.” Ex. 3 at 22. He reported his pain had returned after temporary relief he attributed to the prednisone. … Section 11(c)(1)(C). 3 In summary, a petitioner must establish that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying

Youngdale & Sons Construction Co. v. United States

39 Cont. Cas. Fed. 76,667 · United States Court of Federal Claims · May 5, 1994

Plaintiff clearly retained the absolute right to apply for certiorari up until the expiration of the 90 days allowed under Supreme Court Rule 13 and 28 U.S.C. § 2101 (c). 4. … plaintiffs original submission. 13 The court finds, therefore, that plaintiffs January 3, 1994 submission was filed before the January 22, 1994, jurisdictional filing deadline, and in fact contained the requisite information to qualify

Stelco 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.

La Van v. United States

53 Fed. Cl. 290 · United States Court of Federal Claims · Aug 20, 2002

In view of the above-noted facts, the plaintiffs in the instant case are clearly different from the shareholder plaintiffs in Glass. … The government’s arguments that such a holding is contrary to established Winstar precedent are without support.

Suess v. United States

74 Fed. Cl. 510 · United States Court of Federal Claims · Dec 13, 2006

But everybody knew, the market clearly knew, that something bad was going to happen to the savings and loan industry.” March 12, 1999 Tr. at 4351 (emphasis added). As a result, “stock prices were very depressed.” … Since sovereign immunity has not been waived for this very real element of damage this Court must under its oath to follow the law deny any claim for this just amount due.

Williams 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.

Crawley v. United States

United States Court of Federal Claims · Jun 10, 2020

That provision, they allege, “clearly provides for up to three years’ payments; that is, it states that ‘the total amount of relocation incentive payments paid to an employee in a service period may not exceed 25 percent … [because] ‘the government has not waived its sovereign immunity with regard to a promissory estoppel cause of action.’”). III.

Velasquez v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 27, 2024

He acknowledged that the record clearly established Petitioner had received treatment for gastrointestinal symptoms, and that they could have been caused by a Campylobacter jejuni bacterial infection. … The medical record clearly established that Petitioner’s gastrointestinal symptoms began several days prior to vaccination, and Dr.

McCauley v. States

38 Fed. Cl. 250 · United States Court of Federal Claims · Jun 30, 1997

To establish a claim upon which relief can be granted, a plaintiff must allege the elements necessary to establish the existence of an express contract or an implied-in-fact contract. Trauma Serv. Group v. … In order to establish jurisdiction based on an implied-in-fact contract, the plaintiff also must establish the elements of a contract, including offer, acceptance, consideration, mutuality of intent, and definiteness of terms

Salim v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 25, 2016

Salim alleged that he experienced medical problems related to immune system dysfunction as a result of the vaccinations he received in November 2012 in Kuwait, while working as a translator employed by an independent contractor … Further, the record does not contain sufficient persuasive evidence establishing that Petitioner could advance his claim given the locus of his vaccine administration, along with his employment status.

Sharma v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 28, 2020

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 … In his Motion for Ruling on the Record, petitioner claims the vaccinations “caused him to develop auto-immune gastritis, pernicious anemia (an auto-immune disease), ankylosing spondylitis (an auto-immune disease), and ongoing

First Enterprise v. United States

61 Fed. Cl. 109 · United States Court of Federal Claims · Jun 25, 2004

There is no argument that plaintiff was a qualified bidder that was “within the zone of active consideration,” since it was the lowest bidder after Ace withdrew. Statistica, Inc., 102 F.3d at 1581 . … Applying these standards, this court finds that the contracting officer clearly had a rational basis for selecting DJM’s bid for alternate bid item 6.

Oroville-Tonasket Irrigation District v. United States

40 Cont. Cas. Fed. 76,746 · United States Court of Federal Claims · Mar 14, 1995

Clearly by the contract in question, the government has procured the services of OTID to operate and maintain a government-owned facility. This is a procurement of services. … This legislation has been held to waive sovereign immunity for suits on a reclamation law contract against the United States in a district court, when declaratory or equitable relief not comprising a CDA claim is sought.

Henry E. & Nancy Horton Bartels Trust ex rel. Cornell University v. United States

88 Fed. Cl. 105 · United States Court of Federal Claims · Jul 1, 2009

Shared motivation alone is insufficient to qualify for this “same interests” requirement; rather, the earlier party must have had some legal obligation to vindicate the rights of the non-party later precluded. … Clearly, the first and last of the six Taylor categories do not apply to this ease.

Kottenstette v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 11, 2020

Special Master Horner found that the petitioners had failed to establish by a preponderance of the evidence that vaccination, as opposed to infection, could start a seizure-triggering immune response. Id. at 20. … Special Master Horner rejected as insufficient the petitioners’ evidence that C.K.’s DTaP vaccine caused a non-genetic, inflammatory immune response that the petitioners established could affect the onset of infantile spasms