Case law

Opinions from 1658 to today.

Filtersuscfc

4,740 results

1.46s

  • Mobley Construction Co. v. United States

    68 Fed. Cl. 434 · United States Court of Federal Claims · Oct 28, 2005

    Congress’ limited waiver of sovereign immunity for claims against the Government requires that the court adhere strictly to the statute. Soriano v. … Mobley’s agreeing to accept the restricted permit clearly was a risk. Perhaps Mr.

    Cited 1 timesPublished
  • 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.

    Cited 6 timesPublished
  • North Star Alaska Housing Corp. v. United States

    39 Cont. Cas. Fed. 76,607 · United States Court of Federal Claims · Dec 22, 1993

    An item, however, included on a list will be qualified and limited to the words which it is associated. Fittingly stated in C.W. … The record does not clearly establish any difference in installation costs to plaintiff.

    Cited 14 timesPublished
  • 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.

    Cited 0 timesPublished
  • Peretz v. United States

    United States Court of Federal Claims · May 31, 2020

    immunity waiver, we typically employ a “fair interpretation” test. … Cl. 54, 60 (2017) (“To establish jurisdiction, Plaintiff must establish that he filed an administrative refund claim with the IRS prior to filing suit in this Court.”); Fremuth v. United States, 129 Fed.

    Cited 0 timesPublished
  • 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

    Cited 25 timesPublished
  • Gross v. United States

    128 Fed. Cl. 745 · United States Court of Federal Claims · Oct 31, 2016

    The six-year statute of limitations set forth in 28 U.S.C. § 2501 “is a jurisdictional requirement attached by Congress as a condition of the government's waiver of sovereign immunity and, as such, must be strictly construed … Plaintiff argues that this established pattern qualifies both himself and the proposed class members as 16 “regularly scheduled” and renders them eligible to receive Sunday

    Cited 2 timesPublished
  • 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.

    Cited 17 timesPublished
  • Peretz v. United States

    United States Court of Federal Claims · May 31, 2020

    immunity waiver, we typically employ a “fair interpretation” test. … Cl. 54, 60 (2017) (“To establish jurisdiction, Plaintiff must establish that he filed an administrative refund claim with the IRS prior to filing suit in this Court.”); Fremuth v. United States, 129 Fed.

    Cited 0 timesPublished
  • Curie v. United States

    United States Court of Federal Claims · Dec 19, 2022

    As interpreted by the United States Supreme Court, the Tucker Act waives sovereign immunity to allow jurisdiction over claims against the United States (1) founded on an express or implied contract with the United States, … On may 17th, 2022, we sent another petition to open a new case along with qualifying letters showing enforcement actions were obtained from Congress. This was delivered May 23rd, 2022, 7:12 am.

    Cited 0 timesPublished
  • Kos v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 15, 2022

    Petitioner also alleged a Table injury, but had not clearly defined what Table injury was alleged. Id. Although Petitioner filed an expert report from Dr. … Temporal proximity between vaccination and onset of symptoms is a necessary component in establishing causation in non-Table cases, but without more, temporal proximity alone “fails to establish a reasonable basis for a vaccine

    Cited 0 timesPublished
  • Electrical Welfare Trust Fund v. United States

    United States Court of Federal Claims · Jul 30, 2021

    If Congress meant that all group health plans would pay the TRP, it could have easily omitted its third-party administrator qualifier. … The Constitution establishes specific procedures for the enactment of statutes. See U.S. Const. Art. I, § 7, cls. 2, 3.

    Cited 0 timesPublished
  • Holmes v. United States

    98 Fed. Cl. 767 · United States Court of Federal Claims · May 31, 2011

    It is not for this [c]ourt, however, to act as a legislative body by filling in the interstices of otherwise clearly elaborated statutory provisions.” Id. at 648-49 . … The question of entitlement to those benefits is a merits question, and clearly survives a RCFC 12(b)(6) motion.”). B. Claim, for Correction of Military Records Ms.

    Cited 14 timesPublished
  • Trusted Integration, Inc. v. United States

    93 Fed. Cl. 94 · United States Court of Federal Claims · Jun 3, 2010

    Because those eases are clearly distinguishable on the facts, they are not analogous to the instant case. … Both Suits Seek the Same Relief Under the rule first established in Casman v.

    Reversed in part by Trusted Integration, Inc. v. United States, 659 F.3d 1159 (2011)Cited 5 timesPublished
  • Walters v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 2, 2021

    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 … Akbari is an active researcher in the field of immune tolerance in triggering an autoimmune disease. Id. at 3. Despite Dr. Akbari’s qualifications in immunology, he is not a medical doctor and lacks clinical experience.

    Cited 0 timesPublished
  • Taylor v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 28, 2025

    The immune system's reaction to the foreign vaccine antigens produces immune cells that in turn can cross-react against the similar human tissue antigens, mistakenly identifying self-structures as foreign.” Mason v. … But to establish this point, Dr.

    Cited 0 timesUnpublished
  • Murphy v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 7, 2024

    Petitioner alleged that he suffered immune thrombocytopenia purpura, or the aggravation of a pre- existing injury, related to his receipt of an influenza vaccine on October 9, 2018. Pet. at 1. … 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 timesUnpublished
  • Westdale Northwest Center, Lp v. United States

    United States Court of Federal Claims · May 25, 2022

    The base amount is established as $133,045.00.” Id. at 566. … The case presented distinctive facts with no clearly dispositive legal precedent. The plaintiff seeks $102,899.77 in attorney’s fees.

    Cited 0 timesPublished
  • Schulz v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 23, 2026

    Kini’s role and specialty in relation to this case, asserting that the report’s conclusions were “completely unsupported and cannot qualify as more than a scintilla of objective evidence for purposes of establishing reasonable … Schulz’s symptoms “may be linked to a vaccine-induced immune response.” Ex. 155 at 21.

    Cited 0 timesUnpublished
  • Bianchi v. United States

    68 Fed. Cl. 442 · United States Court of Federal Claims · Oct 31, 2005

    Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … United States, 59 Fed.Cl. 467, 471 (2004) (“The ‘in lieu of language in section 609(a) clearly indicates that the contractor has a choice of forums but does not allow the contractor to pursue its claims before both forums

    Cited 3 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.