Case law

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  • Bello v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 2, 2021

    His impression, however, was “complex encephalopathy with history of developmental regression in the context of immunizations and febrile illness.” Id. at 11. … Falchek’s embrace of encephalopathy “in the context of immunizations” as a diagnostic explanation for this developmental loss. Id. at 4; Ex. 5 at 9, 11.

    Cited 0 timesPublished
  • Carahsoft Technology Corp. v. United States

    86 Fed. Cl. 325 · United States Court of Federal Claims · Feb 12, 2009

    , well qualified, best qualified, and which persons were interviewed, not selected or selected, and those who declined job offers or who were hired.” … However, plaintiff ignores the court’s qualifying language.

    Cited 43 timesPublished
  • Bello v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 2, 2021

    His impression, however, was “complex encephalopathy with history of developmental regression in the context of immunizations and febrile illness.” Id. at 11. … Falchek’s embrace of encephalopathy “in the context of immunizations” as a diagnostic explanation for this developmental loss. Id. at 4; Ex. 5 at 9, 11.

    Cited 0 timesPublished
  • LaSalle Talman Bank, F.S.B. v. United States

    45 Fed. Cl. 64 · United States Court of Federal Claims · Sep 30, 1999

    It had to be presumed, however, that Taiman clearly retained the balance of its outstanding supervisory goodwill—which derived from the 1982 agreements. … For example, Taiman had approximately $83 million of qualifying supervisory goodwill at the end of 1989.

    Reversed on other grounds by Lasalle Talman Bank, F.S.B. v. United States, Defendant-Cross, 317 F.3d 1363 (2003)Cited 43 timesPublished
  • Weeks Marine, Inc. v. United States

    79 Fed. Cl. 22 · United States Court of Federal Claims · Nov 1, 2007

    Weeks has established the first element for injunctive relief in convincing fashion. B. Weeks Will Suffer Irreparable Harm. … To the extent that the agency may select fewer than all qualified offerors, it effectively will create a “closed shop” environment that is anti-competitive.

    Reversed in part, on other grounds by Weeks Marine, Inc. v. United States, 575 F.3d 1352 (2009)Cited 25 timesPublished
  • DeBatto v. United States

    87 Fed. Cl. 172 · United States Court of Federal Claims · May 28, 2009

    DeBatto “bears the burden of establishing by ‘cogent and clearly convincing evidence’ ” that the Army’s decision is not supported by substantial evidence. Colon v. … The Tucker Act serves as a waiver of the United States’ sovereign immunity for certain claims that “ ‘can fairly be interpreted as mandating compensation by the [fjederal [gjovernment for the damage sustained.’”

    Cited 4 timesPublished
  • Florida Power & Light Co. v. United States

    49 Fed. Cl. 656 · United States Court of Federal Claims · Jun 28, 2001

    The mandate of the Atomic Energy Act clearly required prices set “on a basis of recovery of the Government’s costs over a reasonable period of time.” … Tucker was qualified as an expert in accounting, in the cost and pricing of government contracts, and in damages. Mr. Tucker was not qualified as an expert in the application of DOE’s pricing criteria. .

    Cited 3 timesPublished
  • St. Matthew Publishing, Inc. v. United States

    41 Fed. Cl. 142 · United States Court of Federal Claims · Jun 16, 1998

    requests reveals that, for the most part, they request information regarding matters that are irrelevant, or that has already been provided, or merely seek defendant’s agreement to legal or rhetorical principles that defendant clearly … The court in Animal Protection also *146 noted that the Congressional committee report intended the courts to follow the Tax Court rules for declaratory judgment suits as to qualifying retirement plans under I.R.Code § 7476

    Cited 12 timesPublished
  • Glenn Defense Marine (Asia) PTE, Ltd. v. United States

    97 Fed. Cl. 311 · United States Court of Federal Claims · Mar 1, 2011

    Could the RFP have been drafted more clearly? Probably. … Internal agency documents, such as a source selection plan, of course, do not by themselves establish legally-enforceable rights. See Allied Tech. Group, Inc. v.

    Cited 10 timesPublished
  • Englobal Government Services, Inc. v. United States

    United States Court of Federal Claims · May 12, 2022

    The Court has considered the allegations in EGS’s complaint and concludes that EGS qualifies as an interested party with respect to the procurement at issue. … This case is clearly distinguishable on the grounds that DLA never sought FPRs in Amendment 0007 or thereafter.

    Cited 0 timesPublished
  • Groves v. United States

    30 Fed. Cl. 28 · United States Court of Federal Claims · Nov 12, 1993

    Further, it does not comply with the procedure established in AR 635-100, paragraph 3-73f. … In his March 25, 1993, motion, plaintiff contends that on January 22, 1991, he qualified for the “sanctuary” protection afforded by 10 U.S.C. § 1163 (d).

    Reversed on other grounds by Sheridon H. Groves v. United States, 47 F.3d 1140 (1995)Cited 4 timesPublished
  • Integral Consulting Services, Inc. v. United States

    United States Court of Federal Claims · Dec 13, 2018

    Integral indicated on the Scoring Worksheet that those projects involved qualifying PSCs with some of the projects also meeting the requirements for certain bonus factors. Id. at 497-98. … 2018, the parties shall file a joint status report indicating their agreement with the proposed redactions, attaching a copy of those pages of the court’s ruling containing proposed redactions, with all proposed redactions clearly

    Cited 0 timesPublished
  • Westinghouse Hanford Co. v. United States

    47 Fed. Cl. 665 · United States Court of Federal Claims · Sep 14, 2000

    On May 26, 1994, DOE’s general support services contractor, MACTEC, issued a report stating that the L-102 CRP did not qualify for EC-CEL credit because the baseline was not validated. … Both clearly thought the review of costs would occur after the work on the project was completed.

    Cited 1 timesPublished
  • United International Investigative Services, Inc. v. United States

    42 Cont. Cas. Fed. 77,336 · United States Court of Federal Claims · Jul 7, 1998

    court must determine whether defendant’s actions toward plaintiff were: (A) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … This was clearly improper. It circumvented the purpose of the TEB’s function to collectively assess the relative worth of each offeror’s technical proposal and arrive at a consensus score.

    Cited 80 timesPublished
  • Omni Corp. v. United States

    41 Fed. Cl. 585 · United States Court of Federal Claims · Aug 20, 1998

    That portion of the solicitations, H.26, provides that [deductions ... will be made for services that have been cited as not clearly meeting the standards set forth in the ... … The quoted statement does not qualify any purported commitment to staff an equipment mechanic at each lock and dam.

    Cited 12 timesPublished
  • Travelers Casualty & Surety Co. of America v. United States

    75 Fed. Cl. 696 · United States Court of Federal Claims · Mar 19, 2007

    For instance, it is a well-established the rule of statutory construction that it is only through context that language establishes a common and shared meaning. See Pennington v. … In the instant case, unlike Stuyvesant, the contract did not include any qualifying lan *722 guage.

    Cited 22 timesPublished
  • Lechliter v. United States

    70 Fed. Cl. 536 · United States Court of Federal Claims · Apr 25, 2006

    The Army determined that he was “qualified for retirement.” A.R. vol. II, 92-93. Mr. … As a general rule in the military disability area, the court is bound by the correction board decision unless the plaintiff establishes “by cogent and clearly convincing evidence that the [military’s] decision was arbitrary

    Cited 37 timesPublished
  • Sparton Corp. v. United States

    89 Fed. Cl. 190 · United States Court of Federal Claims · Sep 10, 2009

    Boyle’s guess does not clearly and convincingly establish that the report was communicated or “offered” to the Navy. … Nor does the Government argue in its posttrial briefing that this report qualifies as prior art. .

    Cited 0 timesPublished
  • Diaz v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 5, 2023

    Both are signed by hand by the administering immunizer; however the signature is illegible. Id. Both are also signed by hand by Petitioner. Id. … The sole mention of a left shoulder administration situs is “the computer-generated immunization history provided by CVS Pharmacy.” Br. at *7.

    Cited 0 timesUnpublished
  • 360Training.com, Inc. v. United States

    106 Fed. Cl. 177 · United States Court of Federal Claims · Aug 3, 2012

    The Court agrees with the Government that “clearly” the Level 1 Highlights is not the controlling evaluation and that “clearly” *196 it is not the final Level 1 evaluation. … The Court also agrees that “clearly” the agency changed its mind following a subsequent evaluation.

    Cited 11 timesPublished

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