Case law

Filipczyk v. United States

88 Fed. Cl. 776 · United States Court of Federal Claims · Sep 2, 2009

It is settled law that a waiver of the United States’ sovereign immunity “ ‘cannot be implied but must be unequivocally expressed.’” Testan, 424 U.S. at 399 , 96 S.Ct. 948 (quoting United States v. … The Court of Claims found that a simple reading of the statute clearly showed that it applied only to government-furnished quarters on a rental basis. Id. at 564.

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.”).

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

Meyers v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 29, 2025

The incidence rate of dermatomyositis has not yet been clearly established (Ex. 18, p. 5; Tr. 21); however, Dr. Gupta opines that this rare disease affects around 10 per 1,000,000 individuals (Ex. 18, p. 5; Tr. 21, 25). … Gershwin advocates for the use of murine models, he acknowledged during the hearing that “it’s often a leap of faith between the murine immune system and the human immune system, particularly in autoimmunity.”

Canpro Investments, Ltd v. United States

130 Fed. Cl. 320 · United States Court of Federal Claims · Jan 26, 2017

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … Increased costs alone, however, do not necessarily establish commercial impracticability.

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 .

Teledyne, Inc. v. United States

50 Fed. Cl. 155 · United States Court of Federal Claims · Aug 9, 2001

The adjustment amount shall be reduced for any excise tax imposed upon assets withdrawn from the funding agency of a qualified pension plan. … That mechanism clearly applies here. 3.

Hooker v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 18, 2017

The fee applicant (whether a plaintiff or a defendant) must, of course, submit appropriate documentation to meet “the burden of establishing entitlement to an award.” … First, while different forms of mercury clearly can be quite harmful to humans at substantial doses (depending on the type of mercury), there is extensive scientific evidence showing clearly that the type of mercury contained

Grooms v. United States

113 Fed. Cl. 651 · United States Court of Federal Claims · Jan 7, 2013

Clearly, plaintiffs do not fall under either of these two categories because they were neither on active duty nor participating in full-time training; the plaintiffs had all been placed on the disabled list and had been removed … Lamey failed to establish that it was “medically necessary” for him “to avoid strenuous recreational and occupational activities.” ii.

L.A. Ruiz Associates, Inc. v. United States

94 Fed. Cl. 768 · United States Court of Federal Claims · Sep 23, 2010

In determining whether a contractor’s written demand constitutes a claim within the parameters set forth in section 605(a) of the CDA, the Court must determine: [wjhether the letter clearly and unequivocally: (1) asserted … Second, Plaintiffs letter to the USPS neither made a specific claim against the USPS, nor established any entitlement to relief.

Dev Technology Group Inc. v. United States

United States Court of Federal Claims · Dec 3, 2025

The agency envisions Alliant 3 as a continuation of Alliant 2, allowing for, inter alia, “[i]mmediate access to a highly qualified contractor pool” and “[f]lexibility to award all contract types and hybrid contract types … Still, even at this stage of the litigation, “the plaintiff must ‘clearly . . . allege facts demonstrating’ each element [of standing].”

Copar Pumice Company, Inc. v. United States

112 Fed. Cl. 515 · United States Court of Federal Claims · Sep 18, 2013

Mining claimants whose claims were not yet patented as of May 30, 1991 could continue to hold their mining claims as unpatented claims, if the claims qualified as “valid existing rights” as of that date. 16 U.S.C. § 460jjj … It is well-settled that the Tucker Act contains no waiver of sovereign immunity for claims that are implied-in-law, including unjust enrichment claims. See Trauma Serv. Grp. v.

Tracy v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 15, 2022

McGeady qualified those statements and testified that “specific infections . . . have not been identified as associated with [TM].” Tr. 172:1-9. … To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of A/then by a preponderance of the evidence. /d.

Flowers v. United States

80 Fed. Cl. 201 · United States Court of Federal Claims · Jan 18, 2008

A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” Id. … A plaintiff who “cannot establish that he is currently on active duty ... must assert and ultimately establish that his separation was involuntary in order to fit within the scope of, and take advantage of, the money-mandating

Humphreys v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 1, 2022

Petitioner alleges that E.H. sustained the first symptom or manifestation of onset of immune thrombocytopenic purpura (“ITP”) within the time period set forth in the Table for the MMR vaccine, or alternatively that the … There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.

Bilzerian v. United States

41 Fed. Cl. 134 · United States Court of Federal Claims · Jun 12, 1998

Bilzerian claims that this payment qualified as an “ordinary and necessary business expense” and was thus deductible under 26 U.S.C. § 162 (a). … If the issue before this court was whether the payment was made in furtherance of the conspiracy, as defendant contends, it was clearly litigated in the criminal trial.

Pennzoil-quaker State Co. & Subsidiaries v. United States

62 Fed. Cl. 689 · United States Court of Federal Claims · Oct 28, 2004

says: “There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred ... in carrying on any trade or business .... ” Under this statute, Plaintiffs payments to the Lazy Oil plaintiffs would qualify … As Plaintiff notes, the legislative history of § 1341 clearly indicates that Congress did not intend for the inventory exception to apply in cases such as the one at bar. Pl.’s Mot. at 12-13.

Pittman v. United States

United States Court of Federal Claims · Dec 5, 2017

[plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.”). … The party invoking jurisdiction, bears the burden of establishing constitutional standing.

Caddell Construction Co. v. United States

78 Fed. Cl. 406 · United States Court of Federal Claims · Sep 7, 2007

Clearly, however, the plans were workable (and therefore not defective) as they were, albeit the fact that there were certain errors or inconsistencies. … Although the court qualified Mr. Ferrell as an expert at trial, this fact certainly effects the weight the court will give his testimony. . Tr. at 287. . PX11 at 01001-34. .

Sanchez v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 22, 2021

These factual findings were clearly part of the record well in advance of the Federal Circuit’s review, having been issued on April 10, 2013. See ECF No. 45. … [Petitioners] have not established the challenge aspect.