Case law
Opinions from 1658 to today.
4,740 results
1.21s
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 timesPublishedContract 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 timesPublishedHarris 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 timesPublishedRed 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 timesPublishedMichael 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 timesPublishedCapitol 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 timesPublished98 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 timesPublishedFaup 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 timesPublished360training.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 timesPublishedGuzman 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 timesPublishedBucci 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 timesPublishedUnited 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 timesPublishedBlueport 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 timesPublished89 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 timesPublishedUnited 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 timesPublished118 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 timesPublishedManville 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 timesPublished61 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 timesPublishedNational 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 timesPublished121 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
Ask Donna