Case law
Opinions from 1658 to today.
4,740 results
1.58s
29 Fed. Cl. 717 · United States Court of Federal Claims · Sep 9, 1993
Further, a pre-com-missioning medical examination, conducted April 25, 1975, found plaintiff to be qualified for a commission and world-wide duty. … The informal PEB recommended that the plaintiff be “separated from the service with severance pay if otherwise qualified.”
Cited 13 timesPublishedXtra Lease, Inc. v. United States
50 Fed. Cl. 612 · United States Court of Federal Claims · Sep 17, 2001
It emphasized that the ADRA clearly “made the APA standard of review applicable to all bid protest actions.” 9 Id. at 1300. … It also has not established that the agency’s decision “had no rational basis.” Id.
Cited 17 timesPublishedVeterans Contracting Group, Inc. v. United States
United States Court of Federal Claims · Dec 21, 2017
On July 17, 2013, VA, acting through the CVE, verified Veterans as a qualified SDVOSB on its VIP database. Veterans Contracting, 133 Fed. Cl. at 616. … Further, the government asserts, Subsections 74.22 and 74.2(e) “clearly apply to separate actions.” Id. at 19.
Cited 0 timesPublished73 Fed. Cl. 39 · United States Court of Federal Claims · Sep 8, 2006
The Tucker Act both confers jurisdiction upon the United States Court of Federal Claims and waives sovereign immunity with respect to certain actions for monetary relief brought against the United States. … United States, 48 F.3d 1199, 1204 (Fed.Cir.1995) (“Loveladies further established that if the Court of Federal Claims complaint pleads facts which demonstrate a different legal injury from that pursued in another court, or
Cited 4 timesPublishedPhoenix Air Group, Inc. v. United States
46 Fed. Cl. 90 · United States Court of Federal Claims · Feb 18, 2000
Under the second alternative, the Contracting Officer can direct the contractor to establish other permanent bases. … This is clearly set forth in contract schedule subsection C, entitled “COST-REIMBURSABLE CLINS.”
Cited 22 timesPublishedSilver State Land LLC v. United States
United States Court of Federal Claims · May 6, 2020
A74 (specifying “qualified bidder[]” requirements pursuant to “Federal law”). 32Appx. … The high bid among the qualified bids received will be declared.” Id. at A74.
Cited 0 timesPublishedPhoenix Management, Inc. v. United States
107 Fed. Cl. 58 · United States Court of Federal Claims · Oct 9, 2012
a qualified bid. … Although “proposed staff member” is not clearly defined in the Solicitation, this term has at least one implication as a matter of law.
Cited 3 timesPublishedExcelsior Ambulance Service, Inc. v. United States
124 Fed. Cl. 581 · United States Court of Federal Claims · Dec 15, 2015
In addition, defendant argues, the VA reasonably understood that LMC was a responsible offeror that would comply with the requirement that at least 50% of personnel costs should be incurred by qualified SDVOSBs. Id. … Cir. 1994) (“A movant that clearly establishes likelihood of success on the merits receives the benefit of a presumption of irreparable harm.”).
Cited 3 timesPublishedCw Government Travel, Inc. v. United States
United States Court of Federal Claims · Jul 21, 2021
Clearly, Plaintiff could re-compete for the contract. … Here Plaintiff has established irreparable harm, as explained above.
Cited 0 timesPublishedTirone v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 24, 2025
Gershwin relates to “immune cell activation” and “serum sickness.” Pet. Ex. 15 at 3. … Gershwin were qualified to offer such opinions because they are not psychiatrists. Id. Regardless, Dr.
Cited 0 timesUnpublished41 Fed. Cl. 160 · United States Court of Federal Claims · Jun 17, 1998
Plaintiffs here are arguing, in effect, (contradicting O’Neall) that “any exposure” qualifies as a matter of law or (distinguishing O’Neall) that the Federal Circuit in O’Neall merely resolved a factual issue, as it noted … These legal propositions were clearly rejected by the Federal Circuit in O’Neall, which approved, as a matter of law, the Air Force’s use of OSHA’s .2f/cc threshold, a less stringent standard than the VA’s here.
Cited 1 timesPublished32 Fed. Cl. 530 · United States Court of Federal Claims · Jan 5, 1995
Paragraph 5-7a(l) states ”[p]unitive action is not to be taken against personnel solely because of their failure to qualify or to remain qualified under this program.” AFR 35-99. . See, note 6, supra. . … As discussed earlier, the military has not clearly defined what constitutes substandard performance of duly.
Cited 9 timesPublished84 Fed. Cl. 542 · United States Court of Federal Claims · Nov 14, 2008
the offeror’s ability to provide qualified personnel in sufficient numbers to perform the work under the contract.” … offeror’s ability to provide qualified personnel in sufficient numbers to perform the work under the contract.”
Cited 13 timesPublishedKaltenmark v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 22, 2023
He explained that, while vaccines clearly induce an immune response by way of T cell and antibody responses, there is no literature to support the theory that vaccines induce levels of cytokines that have a meaningful effect … “clearly shows that you can detect most cytokines in the serum of healthy patients.”
Cited 0 timesUnpublishedVons Companies, Inc. v. United States
51 Fed. Cl. 1 · United States Court of Federal Claims · Nov 6, 2001
Indeed, some of the requests clearly have nothing to do with the facts of this ease. … But, the plain language of that section clearly precludes a court from giving such rulings and memoranda any precedential weight. .
Cited 59 timesPublishedOrion Technology, Inc. v. United States
102 Fed. Cl. 218 · United States Court of Federal Claims · Dec 1, 2011
the United States Court of Federal Claims (“Court of Federal Claims”) on September 8, 2011, alleging three substantive claims for relief. 6 First, it contends that the Army’s failure to include plaintiff “in the pool of qualified … Moreover, the Army clearly indicated in the solicitation that it would use offerors’ teaming partner cost/price data to perform a cost realism analysis.
Cited 17 timesPublishedUnited Partition Systems, Inc. v. United States
95 Fed. Cl. 42 · United States Court of Federal Claims · Oct 12, 2010
As a waiver of sovereign immunity, EAJA must be “strictly construed.” Levernier Constr. Inc. v. United States, 947 F.2d 497, 502 (Fed.Cir.1991); see also Fanning, Phillips & Molnar v. … Thus, an appeal to the Board could qualify as an “adversary adjudication,” within the meaning of Section 2412(d)(3). See also United Constr. Co., Inc. v.
Cited 19 timesPublishedDoherty v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 19, 2021
Here, the medical records are insufficient to establish entitlement. … After respondent advised that he would defend against the claim, petitioner filed several experts’ reports, to which respondent had similarly qualified experts respond.
Cited 0 timesUnpublishedRODELA v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · May 7, 2024
Harris specifically agreed that, even if it is not preferred, neuroinflammation can be identified by resident immune cells without infiltrating immune cells. … I mean, on some level, the two of you are clearly looking at the same thing and coming to slightly different conclusions.” (ECF No. 122, p. 22 (quoting Tr. 375).) Dr.
Cited 0 timesUnpublishedSkinner-Smith v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 9, 2022
Lapp had established that the flu vaccine in particular can have an effect on the immune dysregulation typical of CFS. … And that's why I said yesterday, I think that the injection was clearly the trigger, but by two weeks, I felt that she was clearly looking like chronic fatigue syndrome, which was confirmed later on.
Cited 0 timesUnpublished
Ask Donna