Case law
Opinions from 1658 to today.
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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 timesPublishedPennzoil-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 timesPublishedNorth 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 timesPublishedSanchez 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 timesPublishedUnited 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 timesPublished80 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 timesPublished128 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 timesPublishedCopar 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 timesPublishedUnited 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 timesPublishedUnited 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 timesPublishedKos 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 timesPublishedElectrical 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 timesPublished98 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 timesPublishedTrusted 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 timesPublishedWalters 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 timesPublishedTaylor 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 timesUnpublishedMurphy 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 timesUnpublishedWestdale 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 timesPublishedSchulz 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 timesUnpublished68 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
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