Case law

Estate of Jack v. United States

54 Fed. Cl. 590 · United States Court of Federal Claims · Nov 27, 2002

Jack, as a veterinarian, qualified for a TN Temporary Professional pursuant to the NAFTA. 8 C.F.R. § 214.6 (c). … Congress, when establishing the TN Temporary Professional visa program, clearly stated its intention that aliens seeking admission under the NAFTA as professionals should be classified as nonimmigrants. 8 U.S.C. § 1184 (e

Vladimir Kogan, Md v. the United States of America 1

112 Fed. Cl. 253 · United States Court of Federal Claims · Aug 27, 2013

. § 7431 (2006)) (establishing the pay structure for VA physicians). … The court considers the readings of both parties reasonable because neither the plain language of Paragraph 3.E nor the remainder of the Settlement Agreement clearly establishes for what period of time the VA obligated itself

Faoro v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 19, 2016

White, who diagnosed H.E.F. with “vomiting and fever status post immunization.” Id. … H.E.F. was alert and interactive, had good climbing skills, clearly combined approximately four words, but again had an unstable gait. Id. III.

Rockwell International Corp. v. United States

37 Fed. Cl. 478 · United States Court of Federal Claims · Feb 5, 1997

It is well-established that an inventor is allowed to be his own lexographer. … . § 112 requires him to spell out such differences clearly in the specification. Markman, 52 F.3d at 980 .

AmerGen Energy Co. ex rel. Exelon Generation Co. v. United States

94 Fed. Cl. 413 · United States Court of Federal Claims · Sep 1, 2010

Plaintiffs motion appears to address only the requests for admission related to the sellers’ PLRs, Pl.’s Mot. at 7-8, and does not clearly state a position as to other requests for admission. DISCUSSION I. … A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest

Strickland v. United States

61 Fed. Cl. 443 · United States Court of Federal Claims · Jul 30, 2004

The BCNR found the plaintiff should be awarded three months constructive service to qualify him for retirement. See AR at 22-23. … See Fisher, 364 F.3d at 1376-78 (holding that “White Mountain [established] a new test [that] clearly lowers the threshold for establishing that a statute or regulation is money-mandating, for it replaces a normal 'fairly

Raymo v. Secretary of Health and Human Services

129 Fed. Cl. 691 · United States Court of Federal Claims · Dec 14, 2016

In addition to establishing reasonable hourly rates, the chief special master also reduced the number of hours requested by the attorneys. … “[A] general waiver as to attorneys’ fees, without more, does not waive the sovereign’s immunity from interest.” Preseault, 52 Fed.

Doe/11 ex rel. Estate of Doe/11 v. Secretary of the Department of Health & Human Services

89 Fed. Cl. 661 · United States Court of Federal Claims · Nov 10, 2009

Such a procedural decision is clearly not final and is outside this Court’s jurisdiction. … Tenpenney, as an osteopathic doctor and one of petitioner’s many treating physicians, was qualified to opine on the cause of petitioner's neurologic injury.

Citizens Federal Bank v. United States

66 Fed. Cl. 179 · United States Court of Federal Claims · Jun 30, 2005

However, the evidence presented at trial clearly established that Mr. Stuzin and Citizens’s management stayed true to form and acted reasonably when mitigating the effects of the Government’s breach. … Where, as here, “ ‘a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery,’ and the court’s duty is to ‘make a fair and reasonable approximar tion of the damages

Claude Mayo Construction Company, Inc. v. United States

128 Fed. Cl. 616 · United States Court of Federal Claims · Oct 6, 2016

Rather, the letter clearly states it is an “appeal . . . of [GSA’s] Stop Work Order and Notice of Termination.” Def.’s Mot. App. at A37. … Thus, Claude Mayo must have presented a separate claim for breach of contract to the CO to establish this Court’s jurisdiction.

Entergy Gulf States, Inc. v. United States

125 Fed. Cl. 678 · United States Court of Federal Claims · Apr 14, 2016

The Federal Circuit noted that the plaintiffs used an internal accounting system that was FERC- and GAAP-compliant and that the trial court had “clearly erred” in finding that the plaintiffs had not proven these damages with … Defendant has not established that Plaintiffs counted nonproductive hours twice.

Precision Standard, Inc. v. United States

69 Fed. Cl. 738 · United States Court of Federal Claims · Feb 27, 2006

Accordingly, because Precision itself does not qualify as an approved source, it cannot establish that it would have had a substantial chance of receiving the award if the government had required compliance with the source … Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government.

Consolidated Engineering Services, Inc. v. United States

64 Fed. Cl. 617 · United States Court of Federal Claims · Feb 14, 2005

In any event, CESI fails to establish irreparable injury. 2. Public Interest The public’s interest is clearly served when suppliers engage in fair and robust competition for government contracts. … Balance of Hardships This element of the test for injunctive relief is perhaps more clearly articulated as requiring the protestor to establish that the irreparable harm it will suffer absent relief outweighs the harm that

Fairholme Funds, Inc. v. United States

118 Fed. Cl. 795 · United States Court of Federal Claims · Oct 15, 2014

By granting summary judgment, the court held that the plaintiffs had not met their burden of proof to establish the existence of a genuine dispute of material fact regarding scienter under section 10(b) that required trial … qualified outside expert); Ross-Hime Designs, 109 Fed.

Fisher v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 28, 2024

Kreckman, infant Fisher was worse, and by 12/21/2015 she had clearly developed a neurological disorder (dysconjugate gaze).” Id. Second, Dr. … These medical records clearly document the existence of one and likely more than one infection.

Erica Fester, Parent of B.A.B., a Minor v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 27, 2013

Has Petitioner Established Adequate Justification for an Interim Award? … Fester’s case because she is clearly asserting that she is experiencing “undue hardship.” 11  1. Good Faith.

Schooling v. United States

63 Fed. Cl. 204 · United States Court of Federal Claims · Nov 30, 2004

The general perception was that “appeals processes [were] so lengthy and complicated that managers [in the civil service] often avoidfed] taking disciplinary action” against employees even when it was clearly warranted. … To qualify for this exception, the challenged action must meet two conditions. First, the action must “in its duration be too short to be litigated prior to its cessation or expiration.” Id.

Alluviam, LLC v. United States

128 Fed. Cl. 310 · United States Court of Federal Claims · Sep 16, 2016

Defendant and Intervenor argue that Alluviam does not qualify as an “interested party” in this case, and thus lacks standing to protest the contracts at issue. … Further, the contract goals to which Alluviam objects, including improvement of decision support tools and training on use of the tools, were clearly stated in the solicitations.

Schultz v. United States

92 Fed. Cl. 213 · United States Court of Federal Claims · Apr 16, 2010

Fraud Recovery Group “assist[s] victims of investment fraud in filing for income tax refunds from particular investments that qualify under” section 165(c)(2). Tr. 9. In April 2006, Mr. … Elsass described how he was able to remember which receipt corresponded to which of the three parcels: Q: What I want to understand ... is how is it as you sit here today that you can tell us so clearly which items ... went

Pence v. United States

52 Fed. Cl. 643 · United States Court of Federal Claims · Jun 20, 2002

Plaintiff must make her case *646 through cogent and clearly convincing arguments. Id. B. … It is not for this Court, however, to act as a legislative body by filling in the interstices of otherwise clearly elaborated statutory provisions. IV.