Case law
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121 Fed. Cl. 370 · United States Court of Federal Claims · May 29, 2015
In Mendez’s petition for remission to the DOJ’s Asset Forfeiture and Money Laundering Section (AFMLS), he argued that he qualified as a “victim” of offenses committed by Battle and his co-defendants and was owed compensation … Furthermore, “the Government readily agreed to the insertion of a handwritten addition to the standard immunity agreement with the U.S.
Cited 15 timesPublishedWilliams v. Secretary of Health and Human Services
United States Court of Federal Claims · May 2, 2025
Mar. 18, 2020) (dismissing intussusception claim at the petitioner’s request and noting that “the Court has repeatedly held that intussusception treated with a barium enema does not qualify as surgical intervention” and thus … In October 1999, the CDC’s Advisory Committee on Immunization Practices (ACIP), after a review of scientific data from several sources, concluded that intussusception occurs with significantly increased frequency
Cited 0 timesUnpublishedAxiom Resource Management, Inc. v. United States
80 Fed. Cl. 530 · United States Court of Federal Claims · Feb 26, 2008
(citations omitted); SAI Indus., 60 Fed.Cl. at 747 (“The public’s interest is clearly served when suppliers engage in fair and robust competition for government contracts. … In addition, Plaintiff may file for attorneys’ fees, if Plaintiff qualifies under the Equal Access to Justice Act, 28 U.S.C. § 2412 (b). III. CONCLUSION.
Cited 3 timesPublishedCoastal Industries, Inc. v. United States
38 Cont. Cas. Fed. 76,489 · United States Court of Federal Claims · Mar 8, 1993
The burden of establishing jurisdiction is on the plaintiff. Cubic Corp., 20 Cl.Ct. at 616 . … The contractor in that case sought to establish that its response to the Navy’s “Change Order Request” and "request for a cost proposal" qualified as a claim under the CDA. Id. at 874.
Cited 1 timesPublished89 Fed. Cl. 263 · United States Court of Federal Claims · Sep 22, 2009
Section 604 allows the United States to levy excise taxes in pari materia with Guam and establishes a qualified reciprocity on the part of the Government of the NMI. See id. § 604. … “[W]here two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective.”
Cited 5 timesPublishedCruz v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 18, 2018
Before the vaccinations, he was able to establish eye contact. Tr. 60-61. … However, a pillow is not mentioned in any other records or clearly shown in the police reenactment photos.
Cited 0 timesPublishedAnderson v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 24, 2025
S FEES AND COSTS 1 On October 11, 2022, Devon Anderson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleged that he suffered immune … furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Apr 3, 2023
The Tucker Act serves as a waiver of sovereign immunity for “certain claims for monetary relief against the United States,” but it does not create a right to relief itself. Estes Express Lines v. … As discussed above, Plaintiff’s Complaint contains vague legal claims clearly outside of this Court’s jurisdiction that are based solely on factual allegations so outlandish as to be unbelievable.
Cited 0 timesPublishedBelker-Frechette v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 6, 2025
Respondent disputes Petitioner has established pain onset timing consistent with the requirements of a Table SIRVA. … Id. at 9 (list of immunizations), 9-13 (testing), 17-18 (PCP’s assessment and instructions).
Cited 0 timesUnpublished124 Fed. Cl. 387 · United States Court of Federal Claims · Nov 20, 2015
It is, therefore, well-established that this court does not have jurisdiction to hear any claims against defendants other than the United States. … The court may dismiss claims that are “based on an indisputably meritless legal theory” and “claims *397 whose factual contentions are clearly baseless.”
Cited 9 timesPublishedSafeguard Base Operations, LLC v. United States
United States Court of Federal Claims · Nov 5, 2018
Cir. 2007) (“To establish entitlement to a preliminary injunction a movant must establish a reasonable likelihood of success on the merits.” (citing Nat’l Steel Car, Ltd. v. Canadian Pac. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).
Cited 0 timesPublishedTrace 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.
Cited 0 timesPublishedRomero v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 19, 2021
Sept. 24, 2020) (finding the petitioner did not establish the onset of his GBS within the 3-42 day time frame prescribed and thus did not establish a Table Injury). 5In summary, a petitioner must establish that he received … a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of his injury for more
Cited 0 timesUnpublishedAlaska Pulp Corp. v. United States
41 Fed. Cl. 611 · United States Court of Federal Claims · Aug 7, 1998
Consequently, on January 24, 1997, this court entered an order requiring Ishiyama to undergo a physical examination by a “qualified independent neurologist” to determine Whether Ishiyama could be deposed. … Webster, 802 F.2d 1448, 1459 (D.C.Cir.1986) (noting that if defendants had been able to secure the information they sought from an alternative source, the sanction of dismissal would have been less clearly appropriate).
Cited 3 timesPublishedMenominee Indian Tribe of Wisconsin v. United States
39 Fed. Cl. 441 · United States Court of Federal Claims · Oct 30, 1997
The reservation was established "for the purpose of weaning [the Indians] from their wandering habits.” Id. at 344 . . … An immunization program was included. The BIA also provided support for sufferers of tuberculosis by paying for sanitarium care and supporting members of the family.
Cited 7 timesPublishedGreen v. Secretary of Health and Human Services
United States Court of Federal Claims · May 21, 2020
Accordingly, petitioner has not established Loving prong six (Althen prong three). F. … Accordingly, petitioner has not established Loving prong five (Althen prong two). G. Alternative Cause As discussed above, petitioner did not establish her prima facie case.
Cited 0 timesPublishedSafeguard Base Operations, LLC v. United States
United States Court of Federal Claims · Nov 5, 2018
Cir. 2007) (“To establish entitlement to a preliminary injunction a movant must establish a reasonable likelihood of success on the merits.” (citing Nat’l Steel Car, Ltd. v. Canadian Pac. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).
Cited 0 timesPublishedAlaska Pulp Corp. v. United States
59 Fed. Cl. 400 · United States Court of Federal Claims · Jan 28, 2004
Additionally, “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Id. at 1350 (quoting Locke v. … Plaintiff is due nothing at all, as it has failed to clearly establish a “reasonable probability of damage.” Cal. Fed., 245 F.3d at 1350 .
Cited 6 timesPublished127 Fed. Cl. 664 · United States Court of Federal Claims · Jul 27, 2016
, plaintiff alleges that "the Contracting Officer's review was not rational, was in error or did not exercise her discretion for not reviewing the Proposal's primary Fragmentation Barrier systems experimentation and is clearly … tz The court also notes for plaintiff's benefit that, although certainly government officials are not immune from making mistakes, there is a strong presumption of the regularity accompanying government proceedings
Cited 7 timesPublishedBurchett v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 3, 2014
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Discussion The Vaccine Act established the Program to compensate vaccine-related injuries and deaths. § 300aa-10(a).
Cited 0 timesUnpublished
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