Case law

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  • Modena v. Neff

    91 Fed. Cl. 29 · United States Court of Federal Claims · Jan 7, 2010

    See Haines v. … United States, 508 U.S. 200, 214 , 113 S.Ct. 2035 , 124 L.Ed.2d 118 (1993); Rick’s Mushroom Serv., Inc. v. United States, 521 F.3d at 1343 ; Alves v. United States, 133 F.3d 1454, 1459 (Fed.Cir.1998); Brown v.

    Cited 3 timesPublished
  • J & E Salvage Co. v. United States

    41 Cont. Cas. Fed. 77,079 · United States Court of Federal Claims · Feb 7, 1997

    This provision of the CDA enables the contractor to bypass an agency board and bring an action directly in the United States Court of Federal Claims. . … No. 102-572, § 907 (a)(6), 106 Stat. 4506, 4518, amended the CDA so that ‘‘[a] defect in the certification of a claim shall not deprive a court or an agency board of contract appeals of jurisdiction over that claim.”

    Cited 16 timesPublished
  • Oasis International Waters, Inc. v. United States

    134 Fed. Cl. 155 · United States Court of Federal Claims · Apr 7, 2017

    (quoting Interwest Constr. v. Brown, 29 F.3d 611, 615 (Fed. Cir. 1994)); K-Con Bldg. Sys., Inc. v. United States, 107 Fed.Cl. 571, 600 (2012). … In such cases the United States Court of Federal Claims shall specifically find such fraud or attempt and render judgment of forfeiture. 28 U.S.C. § 2514 (2006); see also Kellogg Brown & Root Servs., Inc. v.

    Cited 4 timesPublished
  • Barry v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 7, 2017

    UNPUBLISHED **************************** ANGELA BARRY, * * Petitioner, * Ruling on Entitlement; Concession; v … Mallori Browne Openchoswki, U.S. Department of Justice, Washington, DC, for respondent.

    Cited 0 timesUnpublished
  • Spahr v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 17, 2022

    (not to be published) RICHARD JOSEPH SPAHR, Chief Special Master Corcoran Petitioner, v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

    Cited 0 timesUnpublished
  • Ellentuch v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 12, 2022

    (not to be published) NYDIA ELLENTUCH, Chief Special Master Corcoran Petitioner, v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

    Cited 0 timesUnpublished
  • Tjaden v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 6, 2020

    UNPUBLISHED ANDREA TJADEN, Chief Special Master Corcoran Petitioner, Filed: June 5, 2020 v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

    Cited 0 timesUnpublished
  • Prestop Holdings, LLC v. United States

    96 Fed. Cl. 244 · United States Court of Federal Claims · Dec 7, 2010

    Brown v. Gardner, 513 U.S. 115, 118 , 115 S.Ct. 552 , 130 L.Ed.2d 462 (1994); see also Textron Lycoming Reciprocating Engine Div. v. United Auto. Workers, 523 U.S. 653, 657 , 118 S.Ct. 1626 , 140 L.Ed.2d 863 (1998). … Brown, "Partnership Tax Audits and Litigation after TEFRA,” 61 Taxes 75 , 78 (1983). .

    Cited 8 timesPublished
  • Kriss v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 7, 2025

    SPECIAL MASTERS No. 23-0585V PAUL KRISS, Chief Special Master Corcoran Petitioner, v. … Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

    Cited 0 timesUnpublished
  • Reilley v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 15, 2022

    0798V (not to be published) KEVIN REILLEY, Chief Special Master Corcoran Petitioner, v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

    Cited 0 timesUnpublished
  • Willingham v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 6, 2018

    UNPUBLISHED WILLIAM WILLINGHAM, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

    Cited 0 timesUnpublished
  • O'Connell v. Secretary of the Department of Health & Human Services

    40 Fed. Cl. 891 · United States Court of Federal Claims · May 13, 1998

    Marcel Kinsbourne, a board-certified pediatric neurologist currently serving as research professor at the Center for Cognitive Studies, Tufts University, Massachusetts. Dr. … intimately tied to the power to review the Secretary’s regulations and, as such, it is an issue appropriate for consideration by a United States court of appeals pursuant to Section 300aa-32 of the Vaccine Act. 2 See Oklahoma v.

    Cited 5 timesPublished
  • Dickson v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 5, 2019

    Dist. v. EPA, 169 F.3d 755, 758 (D.C. Cir. 1999)). 5 Ms. Brown practices in Charleston, West Virginia, and has seventeen years of experience. Affidavit of Kathy A. Brown, appended to Motion as ECF No. 31-3. … Brown is entitled to the forum rate under the test established by the Federal Circuit in Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1349 (Fed.

    Cited 0 timesUnpublished
  • Otteni v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 16, 2017

    UNPUBLISHED **************************** KEVEN OTTENI, * * Petitioner, * Ruling on Entitlement; Concession; v … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

    Cited 0 timesUnpublished
  • O'Diah v. United States

    United States Court of Federal Claims · Mar 14, 2016

    See Brown, 105 F.3dat623; LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed. Cir. 1995). Accordingly, the Court lacks jurisdiction over Mr. … See United States v. Connollv,716F.2d 882, 886-87 (Fed. Cir. 1983) (first amendment); Brown, 105 F.3d at 623 (fourth amendment); Dupre v. United States,229 Ct.

    Cited 0 timesUnpublished
  • Wise v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 23, 2022

    389V (not to be published) ROXANE WISE, Chief Special Master Corcoran Petitioner, v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

    Cited 0 timesUnpublished
  • Kwv, Incorporated v. United States

    111 Fed. Cl. 119 · United States Court of Federal Claims · May 9, 2013

    Specifically, control “include[es] both the strategic policy setting exercised by boards of directors and the day-to-day management and administration of business operations . . . . … Inc. v. United States, 85 Fed. Cl. 273, 312 (2008); Hunt Bldg. Co. v. United States, 61 Fed. Cl. 243, 280 (2004).

    Cited 5 timesPublished
  • Chichakli v. United States

    United States Court of Federal Claims · Mar 10, 2015

    . $ 511, and finding that any challenge to a VA benefits decision must be brought to the Board of Veterans' Appeals); Metcalf v. United States, No. 12-518,2013 WL 1517821, at *5 (Fed. Cl. … Chichakli's claim to the Board of Veterans' Appeals, as it is not identified as a transferee court in the goveming statute. See 28 U.S.C. $ 610. V.

    Cited 0 timesUnpublished
  • Helmandollar v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 3, 2022

    Corcoran Administrator of ESTATE OF JOHN HELMANDOLLAR, Filed: January 26, 2022 Petitioner, Special Processing Unit (SPU); v. … Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

    Cited 0 timesUnpublished
  • C C Distributors, Inc. v. United States

    42 Cont. Cas. Fed. 77,180 · United States Court of Federal Claims · Sep 2, 1997

    bring those cases before the Board. … In Aerolease Long Beach v.

    Cited 18 timesPublished

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