Case law

Crutchfield v. Secretary of Health & Human Services

125 Fed. Cl. 251 · United States Court of Federal Claims · Sep 8, 2014

This exam included a laboratory blood test; the results indicated that Petitioner was not immune to measles, had an “equivocal” immune response to mumps, but was immune to rubella. Pet. 1/16/09 Ex. 2 at 6, 9. … Under these circumstances, a petitioner must establish causation in fact, i.e., fust, by establishing a prima facie case offering evidence of sufficient facts to establish each element of the claim and then by meeting a burden

Hewlett-Packard Co. v. United States

42 Cont. Cas. Fed. 77,318 · United States Court of Federal Claims · May 28, 1998

The Postal Reorganization Act defines the USPS as “an independent establishment of the executive branch of the Government of the United States.” 39 U.S.C. § 201 . … The court found this definition significant in that title 28 defines “agency” as including any “independent establishment” of the United States. Butz, 499 F.2d at 624 .

Stockton East Water District v. United States

70 Fed. Cl. 515 · United States Court of Federal Claims · Apr 10, 2006

In order to qualify as third-party beneficiaries to a government contract, the parties must show that the United States waived its defense of sovereign immunity. See Chancellor Manor v. … Mont., 124 F.3d at 1273 (holding that third party “must fall within a class clearly intended to be benefitted” by the contract).

Reading & Bates Corp. v. United States

40 Fed. Cl. 737 · United States Court of Federal Claims · Mar 20, 1998

The regulations clearly contemplate the deduction of open accounts. See 26 C.F.R. § 1.166 -l(c). … RBX clearly had a right to demand payment on the promissory notes.

Martti v. United States

121 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

Baka v. United States

74 Fed. Cl. 692 · United States Court of Federal Claims · Nov 29, 2006

Baka invokes the substantive rights in 10 U.S.C. § 1408 to establish jurisdiction and the necessary waiver of sovereign immunity. … “It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.” Martinez v.

Remote Diagnostic Technologies LLC v. United States

133 Fed. Cl. 198 · United States Court of Federal Claims · Jul 18, 2017

Although the Tucker Act explicitly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.” … Standing In order to establish standing in bid protest actions, a protester must be an interested party. 28 U.S.C. § 1491(b)(1) (2012).

Doe v. United States

54 Fed. Cl. 337 · United States Court of Federal Claims · Nov 5, 2002

A conclusory affidavit rnthout supporting evidence is inadequate to establish such ‘party’ status. … Just as we acknowledged in Fields, “[t]he purpose of the EAJA is to lift the ‘bar of sovereign immunity for award of fees in suits brought by litigants qualifying under the statute.’ Levernier Constr., Inc. v.

Warren v. United States

106 Fed. Cl. 507 · United States Court of Federal Claims · Aug 30, 2012

The statute clearly grants the power of mandamus only to federal district courts. … However, plaintiff has not established that a writ of mandamus is necessary or appropriate in this ease.

Barrett v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 2, 2017

Gershwin acknowledged: “Th-2 skewing has not been clearly demonstrated in human viral infections.” Exhibit 10 at 2.14 He provided two articles linking alum to “cytokine switches and specific immune responses” in mice. … Thus, petitioners have established that J.H.B.’s vaccines were a but-for cause and a substantial factor, acting in conjunction with his immature immune system and the mild virus, to cause his death.

Santini v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 18, 2015

The admitting doctor, Natasha Fein, stated that “[t]he etiology of seizures is suspicious for adverse side effect of immunization, despite receiving 2-month immunizations without complications. … Omidvar have failed to establish the first prong of Althen and the Secretary has established an alternative factor. Although this resolution means that Mr. Santini and Ms.

Mission Critical Solutions v. United States

91 Fed. Cl. 386 · United States Court of Federal Claims · Mar 2, 2010

As an 8(a) program participant, a qualified HUBZone small business, and the incumbent contractor, MCS has established that it had a “substantial chance” of receiving the award but for the alleged error in the procurement … Defendant argues: “[Although this provision clearly establishes the priority of these other contracting preferences, the HUBZone statute does not expressly provide that the HUBZone program be given priority over SBA’s other

Olson v. United States

United States Court of Federal Claims · Jan 14, 2021

In their response to defendant’s motion to dismiss they explain their position more clearly: As alleged in the Amended Complaint, the leases and permits entitled the plaintiffs to “a proportionate amount of … No. 59-36, 34 Stat. 53-54, referring to “any person qualified to acquire water rights”; • Act of Aug. 1, 1914, Pub. L.

Delozier v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 10, 2020

Norris to be a qualified and persuasive expert witness, and his embrace of Petitioner’s theory gave it a little added heft. … None of the literature offered by Petitioner so states, or establishes what a vaccine like HBV would do to alter a person’s subsequent immune privilege in future triggering events. At best, Dr.

Asphalt Supply & Service, Inc. v. United States

75 Fed. Cl. 598 · United States Court of Federal Claims · Mar 5, 2007

Because EAJA constitutes a “partial waiver of sovereign immunity,” the statute is to be “strictly construed in favor of the United States,” Ardestani v. … The plaintiff in this case does not allege, nor does the record reflect, that it would qualify as an exempt entity for purposes of 28 U.S.C. § 2412 (d)(2)(B)(ii). .

Blueport 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.

Henry v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 27, 2022

He noted that no such antigens “have been identified” in this case, nor were any studies that would establish an immune mechanism performed. Id. … of the elements established by the Federal Circuit in Althen.

Blackburn v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 2, 2015

Whitesell’s opinion was itself somewhat qualified, conclusory, and not corroborated with any explanatory basis. … Chaudhry was better qualified than Dr. Steinman to opine on the nature and treatment of GBS and CIDP, and his testimony was more credible.

Monroe Quailes, Jr. v. United States

109 Fed. Cl. 651 · United States Court of Federal Claims · Mar 27, 2013

Again, despite his pending mental health issues, he was found qualified for discharge. Id. There is no indication in the record that the PEB had proceeded nor any determination reached regarding Mr. … Quailes‟s claims in this 2012 complaint are clearly outside the six-year limit and thus beyond the jurisdiction of the Court. IV.

Sufi Network Services, Inc. v. United States

128 Fed. Cl. 683 · United States Court of Federal Claims · Oct 19, 2016

A board’s decision can be so grossly erroneous that one can imply bad faith, especially when the error clearly favors the Board’s department. Id. … Even more so, the specific actions taken by the Air Force were clearly not substantially justified.