Case law

Labine v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 21, 2025

He stated it “is not a classic case, so there are clearly arguments against the diagnosis.” Tr. 320. But no one questioned it, and the label just got carried throughout his clinical course. Id. … To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. Id.

Langkamp v. United States

131 Fed. Cl. 85 · United States Court of Federal Claims · Mar 20, 2017

But, the Settlement Agreement, nonetheless, clearly provides that “the government will pay . . . a structured settlement.” Def. App. at A8. … As the United States Court of Appeals for the Federal Circuit recently recognized in Nutt, the principle of sovereign immunity compels a finding that the agreement at issue here does not obligate the government to guarantee

Analytical & Research Technology, Inc. v. United States

42 Cont. Cas. Fed. 77,228 · United States Court of Federal Claims · Aug 8, 1997

Doering and INSCOM to presume that the deficiencies in ART’s bid were due to its inability to locate sufficiently qualified personnel to comply with the contract requirements. … In this ease, contrary to the plaintiffs argument, there is clearly a conflict between what ART alleged Mr.

Ullman v. United States

64 Fed. Cl. 557 · United States Court of Federal Claims · Mar 25, 2005

App. at 56 (4/3/00 letter from plaintiff to Steve Bucci, IRS Collection Division) (“When I signed the agreement on 1/25/95 Agent Eugene Clarke told me (very clearly) ‘if your pension is reduced, we will reduce your monthly … In its memorandum, defendant argues that plaintiff does not qualify as a “recipient” under the statute for two reasons.

C&E Services, Inc. v. United States

United States Court of Federal Claims · May 23, 2022

It is reasonable to conclude that the loss of qualified, experienced personnel would put plaintiff in a relatively weaker position with regard to a potential future competition. … As such, the court finds that injunctive relief does not clearly serve the public interest in this case. FMC Corp., 3 F.3d at 427.

Weiss v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 10, 2025

a Table injury, and [p]etitioner had not established actual causation.” … Weiss does qualify for the diagnosis of GBS and he presents with the clinical triad of the Miller Fisher variant.” Id. at 5. Specifically, Dr.

Ideal Innovations, Inc. v. United States

United States Court of Federal Claims · Oct 2, 2018

Therefore, Plaintiffs clearly “knew or should have known” of their potential injury before 2012. B. … As explained above, Plaintiffs clearly had knowledge of a potential injury by mid-2008.

McAfee, Inc. v. United States

111 Fed. Cl. 696 · United States Court of Federal Claims · Jul 17, 2013

Nevertheless, the plaintiff bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence. McNutt v. … The court in Savantage determined that the government’s standardization decision qualified as a “procurement” through which the plaintiff could establish jurisdiction. 81 Fed.

Cottingham v. Secretary of Health and Human Services

134 Fed. Cl. 567 · United States Court of Federal Claims · Oct 12, 2017

To reverse for an abuse of discretion, this Court must find that the Special Master’s decision was “clearly unreasonable, arbitrary, or fanciful,” “based on an erroneous conclusion of the law,’” “based on clearly erroneous … Thus, a stated purpose of the Act’s fees scheme was to avoid limiting petitioners’ ability to obtain qualified assistance by making fees awards available for non-prevailing, good faith claims.

Medina Construction, Ltd. v. United States

43 Cont. Cas. Fed. 77,458 · United States Court of Federal Claims · Apr 20, 1999

United States, 973 F.2d 1572, 1578-79 (Fed.Cir.1992) (applying “logical, common sense analysis” to find contractor’s submissions qualified as CDA claims) overruled on other grounds by Reflectone, Inc. v. … Plaintiff argues that the United States may be sued under certain circumstances in Portugal pursuant to the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 .

Peter H. Beer v. United States

111 Fed. Cl. 592 · United States Court of Federal Claims · Jun 11, 2013

Defendant correctly notes that, absent a waiver of sovereign immunity, interest is generally not allowed in a claim against the United States. … As we explain above, the Federal Circuit felt that it was unnecessary to resolve whether withholding the 2007 and 2010 COLAs was a constitutional violation because plaintiffs are clearly entitled to the COLAs by operation

Figueroa v. United States

57 Fed. Cl. 488 · United States Court of Federal Claims · Aug 15, 2003

Congress’ actions in this ease are, therefore, not immune from judicial review. … Since the parties clearly rely on more than just the pleadings for their trust arguments, the court will analyze this aspect of defendant’s motion to dismiss under the summary judgment standard.

Tamerlane, Ltd. v. United States

81 Fed. Cl. 752 · United States Court of Federal Claims · May 8, 2008

Plaintiffs take the position that liability under the holding in Franconia is established because Mr. … The plain meaning of this language could not any more clearly confer on plaintiffs the right to prepay “at any time” and at their option.

First Heights Bank, FSB v. United States

53 Fed. Cl. 195 · United States Court of Federal Claims · Aug 7, 2002

To demonstrate this clearly, we point to the fact that [Pulte], a New York Stock Exchange Company, is one of, if not the, largest home builders in the United States, as well [as] a veiy large mortgage banker. … There are, however, provisions of the Assistance Agreement as amended which indirectly, but clearly, reference Pulte.

Mandril v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 8, 2024

Petitioner alleged that he suffered from an acute, immune-mediated vaccine injury featuring myositis as a result of receiving seasonal influenza and Tdap vaccines on April 3, 2019. Pet. at 1. … Petitioner did provide evidence from a treating neurologist noting her impression of a resolved vaccine-related immune mediated myositis.

Brown v. United States

United States Court of Federal Claims · Dec 15, 2020

Though the Tucker Act expressly waives the sovereign immunity of the United States against such claims, it is “merely a jurisdictional statute and does not create a substantive cause of action” enforceable against the United … Utilizing 26 U.S.C. § 6061 and § 6065, the Tenth Circuit held that the taxpayer signature requirement is statutory and therefore could not be waived, stating that “[t]he Code clearly states that, in order to be valid, a tax

Verbeck v. United States

89 Fed. Cl. 47 · United States Court of Federal Claims · Aug 27, 2009

Verbeck fails to establish — and is unable to establish — that her disability retirement benefits claim is based upon a money-mandating statute.”) … This conclusion by the Board is manifestly correct, if taken at face value, but clearly erroneous insofar as it indicates or implies that Ms. Verbeck was terminated by INS rather than PHS.

Hunt v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 3, 2026

To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. Id. … This evidence clearly demonstrates molecular mimicry; however, the cross-reactivity between these two proteins is substantively different than the reaction that Dr. Steinman proposed in this case.

Love Terminal Partners, L.P. v. United States

126 Fed. Cl. 389 · United States Court of Federal Claims · Apr 19, 2016

Furthermore, the scope of plaintiffs’ leasehold interests is clearly defined. … That’s off the list, clearly. Id. at 1235-36.

Supplycore Inc. v. United States

United States Court of Federal Claims · May 1, 2018

In such circumstance, OHA agreed that the solicitation established a pass-through arrangement. Id. … good “‘of a type customarily used by the general public’ and thus would qualify as commercial items.”