Case law

Opinions from 1658 to today.

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  • Hunt Construction Group, Inc. v. United States

    48 Fed. Cl. 456 · United States Court of Federal Claims · Feb 2, 2001

    This minimal disparity in the offers is insufficient to establish constructive notice. See Allied Contractors, Inc. v. … Indeed, by qualifying its of *463 fer, McCarthy manifested an understanding that the contractor was responsible for state taxes.

    Cited 4 timesPublished
  • Contract Services, Inc. v. United States

    104 Fed. Cl. 261 · United States Court of Federal Claims · Apr 13, 2012

    Tosté explained he had “sought specific guidance from the SBA on this issue and the HUBZone Program Analyst clearly stated that a HUBZone [SBC] must be a qualified HUBZone [SBC] both at the time of its initial offer and at … Plaintiff cites to several paragraphs in its Complaint for the proposition that its “allegations clearly establish the raising and addressing of CSI’s concerns and questions, just as [defendant suggests is appropriate in

    Cited 18 timesPublished
  • Harris v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 21, 2023

    Benson stresses that the link between infection and GBS is clearly much stronger. (Id. … Thus, while he would still clearly find it irregular, it is far from clear that Dr.

    Cited 0 timesPublished
  • Red River Service Corp. v. United States

    60 Fed. Cl. 532 · United States Court of Federal Claims · Apr 30, 2004

    The proper forum for further adjudication of SBA administrative decisions clearly lies with a United States District Court. See 15 U.S.C. § 634 (b); see also DSE, Inc. v. … Red River Has Established That It Is An “Interested Party” In This Case.

    Cited 11 timesPublished
  • Michael Stephen Shaw v. Secretary of the Department of Health and Human Services 0

    United States Court of Federal Claims · May 24, 2013

    Palmer, who treated petitioner for pain, noting that he suffers from “a clearly diagnosed small-fiber neuropathy”). … Petitioner has presented sound scientific testimony from a medical expert, well qualified in the field of neurology, that offers a cogent explanation of how petitioner’s hepatitis B vaccination more likely than not caused

    Cited 0 timesPublished
  • Capitol Boulevard Partners v. United States

    39 Cont. Cas. Fed. 76,703 · United States Court of Federal Claims · Aug 26, 1994

    Although such conduct was not found in Tree Farm, plaintiff maintains that such arbitrary conduct is clearly evident here. … However, the court finds that sovereign immunity has not been waived here.

    Cited 5 timesPublished
  • Tippett v. United States

    98 Fed. Cl. 171 · United States Court of Federal Claims · Apr 15, 2011

    See 28 U.S.C. § 2521 (b) (establishing the court’s power to punish contempt by fines). This power does not, however, contain a waiver of sovereign immunity. See Yancheng Baolong Biochemical Prods. Co. v. … Tippett has failed, however, to establish that this court has jurisdiction over his other claims.

    Cited 13 timesPublished
  • Faup v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 6, 2020

    “ha[d] clearly documented systemic-onset [juvenile rheumatoid arthritis] by history and laboratory findings,” confirming her sJIA diagnosis by Dr. Kimura. Id. at 2. 6 A.F. returned to see Dr. … Therefore, he said, “depending on what types of tests were done, and that’s a very important qualifier, the tests may turn out negative.” Id. at 223:14–16.

    Cited 0 timesPublished
  • 360training.com, Inc. v. United States

    111 Fed. Cl. 356 · United States Court of Federal Claims · Jun 7, 2013

    As with any waiver of sovereign immunity, the statute must be strictly construed in favor of the Government. Id. … The Court has rejected fees pertaining to two categories of ASC-related fees: those which clearly pertain to the district court, and those which clearly pertain to the motion to dismiss.

    Cited 1 timesPublished
  • Guzman v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 1, 2019

    Axelrod did not demonstrate personal expertise in the study or treatment of vasculitis-oriented conditions, and certainly was less qualified to opine on such matters than Dr. … Petitioner has referenced reliable literature establishing that certain immune complexes can form in reaction to infection with a wild virus (see, e.g., Brown; Brozek), and that these same complexes may play a role in various

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

    United States Court of Federal Claims · Apr 29, 2019

    But she testified that it has been clearly shown that the antibodies that are present on the platelets do not bind to the red cells and vice versa. Tr. 357. Dr. … Accordingly, I have concluded that the evidence of bystander activation is too speculative to establish a theory of vaccine causation in the face of the relatively defined theory of immune dysregulation in this case.

    Cited 0 timesPublished
  • Katea D. Stitt, as Personal Representative of the Estate of Pamela Wanga Stitt v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 31, 2013

    Raabe, agreed that the biological mechanism for GBS was some form of immune-mediated molecular mimicry. Tr. at 199. … But, contrary to this assertion, the medical records clearly indicate that a test was done for C. jejuni, the results of which were negative. Tr. at 224-25, referencing P’s Ex. 6 at 178.

    Cited 0 timesPublished
  • Blueport Co., LLP v. United States

    76 Fed. Cl. 702 · United States Court of Federal Claims · May 7, 2007

    by § 1498(b), which codifies a limited waiver of sovereign immunity for copyright infringement claims against the government and establishes this court as the exclusive forum to hear such claims. 28 U.S.C. § 1498 (b) (“[ … That same section clearly waives the sovereign immunity of the United States for copyright infringement suits, as was noted above. The provisos in § 1498(b) can viewed as conditions to that waiver.

    Cited 7 timesPublished
  • Rosales v. United States

    89 Fed. Cl. 565 · United States Court of Federal Claims · Oct 7, 2009

    United States, 333 F.3d 1295, 1316 (Fed.Cir.2003) (en bane) (“It is well established that statutes of limitation for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional … The claims in the Rosales IX complaint, as cited above, clearly implicate this issue.

    Cited 20 timesPublished
  • D'Angiolini v. Hhs

    United States Court of Federal Claims · Apr 28, 2014

    D’Angiolini asserted: [the] hepatitis B vaccine’s adjuvant chronically stimulates the immune system, which causes the immune system to break its tolerance of its own constituents. … Shoenfeld presented no basis for saying that cardiomyopathy qualifies as pericarditis and he presented no basis for saying that cognitive impairments qualify as psychosis. Ultimately, Mr.

    Cited 0 timesPublished
  • Hill v. United States

    118 Fed. Cl. 373 · United States Court of Federal Claims · Aug 20, 2014

    Accordingly, the Govemment agees that Plaintiff qualifies for reissuaace of his 2007 tax refund check, in the amount of $1,182.46, under 31 U.S.C. $ 3343.4 Gov't Resp. 1. … Mot. 7 (arguing that Plaintiff qualifies for relief under 31 U.S.C. $ 3343).

    Cited 3 timesPublished
  • Manville v. Secretary of the Department of Health & Human Services

    63 Fed. Cl. 482 · United States Court of Federal Claims · Nov 24, 2004

    had been established. … Because RA is not a so-called Table injury, petitioner qualified for the alternative methodology to establish liability.

    Cited 19 timesPublished
  • Sumter v. United States

    61 Fed. Cl. 517 · United States Court of Federal Claims · Jul 20, 2004

    Although not raised clearly in her complaint, in subsequent filings with the court, , Ms. … The plaintiffs “extrinsic” and “intrinsic” fraud claims clearly sound in tort. See Marcinkowsky v.

    Cited 9 timesPublished
  • National American Insurance v. United States

    72 Fed. Cl. 451 · United States Court of Federal Claims · Sep 6, 2006

    waivers of sovereign immunity, they do establish that subrogation may give rise to monetary claims against the United States, thereby providing the necessary predicate for properly invoking the Tucker Act. … Clearly, defendant was on notice that the surety was asserting a right to the contract funds prior to the final payment it made to IPBX in May of 2001.

    Cited 3 timesPublished
  • Martti v. United States

    121 Fed. Cl. 87 · United States Court of Federal Claims · May 5, 2015

    The letter explained that income earned in ocean-based activity on international waters does not qualify for the foreign earned income exclusion. … Clintwood Elkhorn Mining Co., 553 U.S. at 8 (determining that the language of section 6511(a) clearly states that taxpayers “must comply with the Code's refund scheme before

    Cited 9 timesPublished

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