Case law

Opinions from 1658 to today.

Filtersuscfc

4,740 results

0.80s

  • 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 timesUnpublished
  • Lewis 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 timesPublished
  • Burchett 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
  • Solano v. United States

    United 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 timesUnpublished
  • Persyn v. United States

    35 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 timesPublished
  • Finch 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 timesUnpublished
  • Northeast 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 timesPublished
  • Schweiger 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 timesPublished
  • Johnson 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 timesUnpublished
  • Cronin v. United States

    108 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 timesPublished
  • Unified 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 timesPublished
  • Berkley v. United States

    59 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 timesPublished
  • La 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 timesPublished
  • Mann v. United States

    86 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 timesPublished
  • UnitedHealth 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 timesPublished
  • Sokol v. United States

    120 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 timesPublished
  • Manke 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 timesPublished
  • AT & T Corp. v. United States

    76 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 timesPublished
  • Ulysse 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 timesUnpublished
  • Mattson v. United States

    United 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

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.