Case law
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Jaye v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 7, 2024
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 … Steinman seeks to establish.
Cited 0 timesUnpublishedLewis v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 15, 2020
Lewis had not established the reasonableness of the proposed hourly rates. In the absence of any persuasive evidence from Ms. … Djalilian is well-qualified to express opinions about hearing loss. His credentials on the topic of hearing are obvious. The problem, however, is that Dr. Djalilian’s opinions about Ms.
Cited 0 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 timesUnpublishedUnited States Court of Federal Claims · Feb 28, 2023
The Complaint clearly alleges that these Counts arise solely under the FLSA. E.g., ECF No. 1 at ¶¶ 22-23, 30-35. … “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.
Cited 0 timesUnpublished35 Fed. Cl. 708 · United States Court of Federal Claims · Jun 3, 1996
The court reserved ruling on whether two plaintiffs listed as witnesses would be qualified as expert witnesses. … Although he was listed as an expert by Austin, Britton was not qualified as an expert at trial. Persyn II, 34 Fed.Cl. at 193 .
Cited 3 timesPublishedFinch v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 16, 2026
In order to qualify for a Table presumption of causation for GBS, a petitioner must establish that she experienced the onset of her symptoms within 3-42 days of the subject flu vaccination, and that she satisfies the criteria … of the petitioner’s immune system that led to a rapid onset of GBS and thus a 1-day onset was appropriate); Shyface v.
Cited 0 timesUnpublishedNortheast Savings, F.A. v. United States
91 Fed. Cl. 264 · United States Court of Federal Claims · Feb 1, 2010
The ROE noted that Northeast had charged off $57 million of goodwill, including $38 million of qualifying supervisory goodwill, leaving $1 million in qualifying supervisory goodwill remaining. DX 244 at 10. … If “a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Glendale Fed.
Cited 3 timesPublishedSchweiger Construction Co. v. United States
49 Fed. Cl. 188 · United States Court of Federal Claims · Mar 9, 2001
This solicitation sought sealed bids from qualified small businesses. … Schweiger protested the award on the grounds that R & R was not a “small business” that qualified for the award of the contract, and the protest was upheld.
Cited 24 timesPublishedJohnson v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 23, 2025
Bobenhouse three years after the Twinrix vaccination and after petitioner had seen other very highly qualified neurologists. Resp. Ex. B at 2-4. … As discussed above, petitioner 46 also established that the hepatitis A and B vaccine can trigger an immune response that can give rise to small fiber neuropathy through molecular
Cited 0 timesUnpublished108 Fed. Cl. 39 · United States Court of Federal Claims · Dec 19, 2012
The regulation clearly contemplates a holding period for further evaluation. … According to plaintiff, the latter would qualify as a new diagnosis under SECNAVINST 1850.4D, paragraph 3618.
Cited 1 timesPublishedUnified Architecture & Engineering, Inc. v. United States
46 Fed. Cl. 56 · United States Court of Federal Claims · Feb 4, 2000
Plaintiff claims that NASA is a victim of “bait and switch” by Gilcrest because (1) Gilcrest identified an individual qualified and committed to act as program manager upon award of the contract; (2) the program manager was … The administrative record clearly establishes that (1) Gilcrest represented in its proposal that it Would rely on [* * *] to act as program manager and (2) NASA relied on this representation in evaluating the proposal under
Cited 23 timesPublished59 Fed. Cl. 675 · United States Court of Federal Claims · Feb 20, 2004
Paragraph 7 states in relevant part: Your evaluation of minority and women officers must clearly afford them fair and equitable consideration. … Under certain enumerated circumstances, qualified individuals may return to active military duty. Sett. Agr. H4(o).
Cited 27 timesPublishedLa Gloria Oil & Gas Co. v. United States
56 Fed. Cl. 211 · United States Court of Federal Claims · Apr 15, 2003
Moreover, defendant argues that Barrett III does not establish the illegality of the EPA clause. … Quinn’s declaration to establish the interpretation of FAR § 16.203.
Cited 10 timesPublished86 Fed. Cl. 649 · United States Court of Federal Claims · Apr 14, 2009
Mann himself, Tr. at 127-237, 245-324; a former Chaffee employee who was qualified as an expert in geology and hydrogeology, including geothermal resources, see Tr. at 16 (qualifying Mr. … See Tr. at 480 (qualifying Mr. Whittier). The government called two witnesses, one of whom was an expert in geothermal energy. See Tr. at 740-41 (qualifying Mr. Lane).
Cited 4 timesPublishedUnitedHealth Military & Veterans Services, LLC v. United States
132 Fed. Cl. 529 · United States Court of Federal Claims · May 30, 2017
and maintaining, throughout the life of the contract, qualified, experienced key personnel.” … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).
Cited 23 timesPublished120 Fed. Cl. 144 · United States Court of Federal Claims · Feb 23, 2015
He further argues that he qualified for, but was denied, disability retirement under 10 U.S.C. § 1201 (2012) with a minimum rating of fifty percent. … The Tucker Act confers jurisdiction on this court and waives sovereign immunity, see Greenlee Cnty., Ariz. v. United States, 487 F.3d 871, 875 (Fed.
Cited 7 timesPublishedManke Lumber Co. v. United States
44 Fed. Cl. 219 · United States Court of Federal Claims · Jun 30, 1999
If plaintiff had prevailed in district court it would have paid the statutorily established buy-out charge for up to 55% of the qualifying timber. See 16 U.S.C. § 618 . … They also were clearly not directed against this contract, nor had they any relationship with it.” 41 Fed.Cl. at 419 .
Cited 5 timesPublished76 Fed. Cl. 297 · United States Court of Federal Claims · Apr 26, 2007
TR 78 (emphasis added). * # ❖ If you look at the definitions of segment closing and of segment in the 1995 amendments as I mentioned earlier, segment is clearly an operating unit. … The adjustment amount shall be reduced for any excise tax imposed upon assets withdrawn from the funding agency of a qualified pension plan.
Cited 0 timesPublishedUlysse v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 13, 2022
In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … Lightfoot did not specifically offer testimony or written opinion establishing how or why this period of time might be too long or too short for the proposed aberrant immune reaction.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Apr 15, 2021
Plaintiffs Have Not Established Jurisdiction As an initial matter, plaintiffs have not established that the Court possesses subject-matter jurisdiction to consider their tax refund claim, because plaintiffs have not … C.I.R., 270 F.3d 1297, 1300 (10th Cir. 2001) (“The Code clearly states that, in order to be valid, a tax return must be signed.”).
Cited 0 timesPublished
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