Case law

Boers v. United States

39 Fed. Cl. 25 · United States Court of Federal Claims · Sep 30, 1997

Consequently, the criteria for qualifying for DIPP benefits in October and November 1992 were not satisfied. Id. On April 25, 1994, the NAD denied a request for reconsideration. … The State of Arizona clearly is a public agency.

Slattery v. United States

53 Fed. Cl. 258 · United States Court of Federal Claims · Aug 14, 2002

The evidentiary record clearly establishes that the Secretary of Banking was very concerned about possible liability PDB could face for closing the bank. Her concerns were raised at two FDIC Director meetings. … She was clearly hesitant to close the bank on her own.

Taylor v. United States

33 Fed. Cl. 54 · United States Court of Federal Claims · Apr 5, 1995

Defendant argues that plaintiff has established no right to payment sufficient to invoke Tucker Act jurisdiction. … It should be noted that plaintiff has a heavy burden in establishing the inaccuracy of his file.

Stg LLC v. United States

United States Court of Federal Claims · Apr 28, 2020

DISCUSSION Initially, defendant argues “STG cannot establish that it is an interested party with standing to assert a challenge to the override.” … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

Joan Caves v. Secretary of Department of Health and Human Services

111 Fed. Cl. 774 · United States Court of Federal Claims · Jul 18, 2013

He is an extremely qualified expert. In light of the complicated medical issues, and the medical literature reviewed, his time expended, hourly rate, and fees are reasonable. … “To overturn a discretionary ruling of a [fact finder], the appellant must establish that the ruling is based upon clearly erroneous findings of fact or a misapplication or misinterpretation of applicable law or that the

Marandola v. United States

76 Fed. Cl. 237 · United States Court of Federal Claims · Apr 4, 2007

111 Stat. 788, became law, amending the Internal Revenue Code to allow a “trader in securities” to make an election to use the so-called “mark to market” accounting method to determine income and losses attributable to qualified … The plaintiff bears the burden of establishing that the court has subject matter jurisdiction over its claim. McNutt v.

Dyncorp International LLC v. United States

113 Fed. Cl. 298 · United States Court of Federal Claims · Nov 5, 2013

The original D&F authored by DOS, the written debriefing provided to Dyncorp on August 30, 2013, and the correspondence and filings from the current protest before GAO all presumptively qualify for inclusion in the Administrative … The latter issue is clearly not in front of us.

SANCHEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Oct 23, 2025

The undersigned finds that the totality of the evidence and arguments clearly and convincingly establishes that Ms. Sanchez and Ms. … Valencia The evidence clearly and convincingly establishes that both Ms. Sanchez and Ms. Roquemore possessed Dr. Valencia’s August 6, 2011 medical record by October 27, 2011. This date is the date on which Ms.

Trace Systems Inc. v. United States

United States Court of Federal Claims · Mar 15, 2023

Rather, quite clearly, Plaintiff challenged the result of the corrective action: the August 31, 2022, memorandum cancelling the CTSS IV procurement. … It is this burden Plaintiff has failed to establish.

Johnson v. United States

93 Fed. Cl. 666 · United States Court of Federal Claims · Jul 16, 2010

Johnson served on active duty in the United States Navy (“Navy”) from 1975 until his voluntary separation in 1993, two years before he would have qualified for permanent retirement and disability benefits. … Johnson’s “Adjustment Disorder” is not a physical disability qualifying him from benefits. However, under the provision relevant to Mr.

Cruz Burgos v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 22, 2026

have had a mild GBS/AIDP precursor condition (although he seemed to rely mainly on the fact of antecedent vaccination for that conclusion, and acknowledged (as evidenced from the contemporaneous record) that there was no clearly-established … Petitioner did not even discuss the innate immune system, which is arguably the aspect of the immune response associated with an overproduction of cytokines.

Reunion, Inc. v. United States

90 Fed. Cl. 576 · United States Court of Federal Claims · Dec 10, 2009

Howard Johnson Co., 386 F.Supp. 330, 333 (N.D.Ga.1974) (“A successful motion [to strike a defense] requires that the insufficiency of the defense be clearly apparent.”). … The Tucker Act waives sovereign immunity, but it does not by itself confer a right to recovery. United States v.

Sacramento Municipal Utility District v. United States

63 Fed. Cl. 495 · United States Court of Federal Claims · Jan 19, 2005

Dallas, 493 U.S. 215, 231 , 110 S.Ct. 596 , 107 L.Ed.2d 603 (1990) (holding that the burden is on the party seeking to exercise jurisdiction by clearly alleging facts sufficient to establish jurisdiction). … Jan. 17, 2003) (entering judgment for plaintiffs on the issue of liability based on Federal Circuit decisions that clearly establish liability against the United States); Florida Power & Light Co. v.

Akanthos Opportunity Fund, L.P. v. United States

United States Court of Federal Claims · Jun 8, 2020

That gap is too much in light of the court’s obligation to narrowly construe the Tucker Act’s waiver of sovereign immunity. … Second, plaintiff has not asserted claims that qualify as both direct and derivative based on the dual-nature exception.

Miller v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 4, 2021

In particular, Respondent argued that Petitioner has not established that he has idiopathic hypersomnia (“IH”). Id. at 3. … He could, in the end, only speculate that because some cases have been reported after viral illness, this suggests a possible immune etiology. Id.

Chemehuevi Indian Tribe v. United States

United States Court of Federal Claims · Sep 29, 2020

The Secretary’s order thus “established the 36,000- acre Chemehuevi Indian Reservation.” Id. … In extending the deemed-receipt date, however, the legislative history at least suggests that Congress did not intend to take a position on what qualified as an accounting, as a matter of law, sufficient to trigger the statute

Honeywell International Inc. v. United States

107 Fed. Cl. 659 · United States Court of Federal Claims · Dec 5, 2012

The opinion testimony of qualified experts. 15. … In the court’s judgment, the record clearly established that the market was created by the requirements of the MIL-L-85762A, instead of any patent at issue in this case.

Rice Services, Ltd. v. United States

59 Fed. Cl. 619 · United States Court of Federal Claims · Jan 13, 2004

The Federal Circuit disagreed: “the cited comments are clearly not sufficient to establish a judicial imprimatur and they do not constitute a ‘court-ordered change in the legal relationship’ of the parties as Buckhannon requires … [Wjhere the plaintiff secures a remand requiring further agency proceedings because of alleged error by the agency, the plaintiff qualifies as a prevailing party (1) without regard to the outcome of the agency proceedings

Cosette Pharmaceuticals, Inc. v. United States

United States Court of Federal Claims · Nov 17, 2025

The Administrative Record here establishes that the contracting officer’s decision to establish a competitive range was “clearly unreasonable.” Birch & Davis, 4 F.3d at 973. … of establishing a competitive range here was unreasonable.

Flynn v. United States

46 Fed. Cl. 414 · United States Court of Federal Claims · Mar 29, 2000

Flynn would not qualify for benefits under either the 1993 or 1996 version of the SBP, the court should apply the law in effect at the time the court renders its decision. See Bradley v. … Flynn qualifies as a “former spouse” under the SBP statute.