Case law
Opinions from 1658 to today.
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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 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 timesPublished29 Fed. Cl. 249 · United States Court of Federal Claims · Aug 30, 1993
Therefore, it is my decision that the benefit of the doubt be resolved in favor of the applicant by permitting him to reenlist in the Regular Air Force provided he is physically and morally qualified. … Such a delegation, if intended, must be made in specific, clearly expressed terms.
Cited 3 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 timesUnpublished98 Fed. Cl. 60 · United States Court of Federal Claims · Mar 9, 2011
Even if the court takes the plaintiffs alleged facts as true that he suffered from an impairment that qualified him to claim an extension of time to file his refund claims with the IRS under I.R.C. § 6511(h) when he filed … Upon close examination of the plaintiff's motion, the case docket, and the government’s answer, the court finds that the physical date stamp on the government’s answer clearly reflects a timely date of filing of September
Cited 16 timesPublishedColonial Press International, Inc. v. United States
113 Fed. Cl. 497 · United States Court of Federal Claims · Oct 31, 2013
The only qualifying comment in the Preaward Survey was that “CONTRACTOR HAS NOT PROVEN THE ABILITY TO MATCH PROOFS ON WEB PRINTING-LEVEL 2 IS FOR SHEETED ONLY. … According to the PPR, the maximum number of employees that a commercial printing business may employ and still qualify as a small business is 500.
Cited 2 timesPublishedPrecision Pine & Timber, Inc. v. United States
62 Fed. Cl. 635 · United States Court of Federal Claims · Oct 29, 2004
Clearly this repetitive and needlessly drawn-out process can hardly be said to promote the efficient resolution of claims. Nor is it “fair.” … The existence of a pre-existing dispute would clearly be satisfied. Precision would then once again challenge the assessment of breach damages.
Cited 16 timesPublishedBixby Ranch Co. v. United States
35 Fed. Cl. 674 · United States Court of Federal Claims · May 28, 1996
The court stated: Clearly, the purpose of the escrow was to insure that the funds were available to obtain cancellation of the Selheim deed of trust if [seller] failed to do so; or, if the Selheim deed of trust was otherwise … as government property under 18 U.S.C. § 641 . 6 Under section 641, the government need not have actual title to the property in question for it to qualify as government property for purposes of that statute.
Cited 3 timesPublished134 Fed. Cl. 805 · United States Court of Federal Claims · Nov 8, 2017
The APA in tum entitles a person legally wronged by agency action to seekjudicial review, thus waiving sovereign immunity of the United States. 5 U.S.C. § 703; Weaver v. United States, 46 Fed. Cl. 69, 76 (2000). … In order for a court to invoke the doctrine of judicial estoppel, this Court has noted that the following three elements must be satisfied: First, a party's later position must be 'clearly
Cited 8 timesPublishedJohn R. Sand & Gravel Co. v. United States
60 Fed. Cl. 230 · United States Court of Federal Claims · Apr 2, 2004
To establish the existence of a nonconforming use, a party "must be able to show such established use in existence at the time of enactment of the ordinance." Fredal v. … To qualify as an "established use,” the use must be substantial, which is "a qualitative appraisal of the extent of the use and ... is concerned with the timing of the use relative to the time of enactment of the ordinance
Cited 5 timesPublishedR. v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 27, 2022
“is being transferred . . . for follow up care . . . for a possible allergic reaction to immunizations administered on 03/31/2009,” and “[B.R.] … This evidence establishes that payments were made “under an insurance policy” as contemplated in Vaccine Act § 15(g).
Cited 0 timesPublishedMurphy 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 timesUnpublishedAmerican Federal Bank, FSB v. United States
72 Fed. Cl. 586 · United States Court of Federal Claims · Sep 1, 2006
The full record established at trial makes up that omission in these first two models. Mr. … Supervisory Goodwill (in 000’s) (post-breach) 35 C: Qualifying Series B Subordinated Debentures (in 000’s) (pre-breach) 36 D: Qualifying Series A Subordinated Debentures (in 000’s) (pre-breach) 37 Total Regulatory Capital
Cited 14 timesPublishedManagement & Training Corporation v. United States
115 Fed. Cl. 26 · United States Court of Federal Claims · Mar 14, 2014
In that vein, the RFI emphasized that “ALL QUALIFIED SMALL BUSINESSES . . . ARE ENCOURAGED TO PARTICIPATE” in responding to the RFI. Id. … In fact, defendant repeatedly supports its position by plucking quotes from cases that are clearly inapposite.
Cited 47 timesPublished72 Fed. Cl. 46 · United States Court of Federal Claims · Jul 25, 2006
The NNRPS consisted of: officers and enlisted personnel without MSOs [military service obligations] who still qualify for worldwide duty. Officers are assigned to NNRPS when ... … It is well established that equitable tolling must be strictly construed.
Cited 5 timesPublishedUnited States Court of Federal Claims · Oct 14, 2015
"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." … Plaintiff has not established that he has filed any valid claims for refund with the IRS.
Cited 0 timesUnpublishedMorrison v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 9, 2024
There, he discovered that another paper found a region around WEQ where there was an immune response when a human was immunized with diphtheria. … The fact that we still immunize people for diphtheria provides strong support for this point. In other words, CRM197 does not confer immunity against diphtheria.
Cited 0 timesUnpublishedHunt Building Co. v. United States
61 Fed. Cl. 243 · United States Court of Federal Claims · Jul 8, 2004
Hunt has established three prejudicial violations of the Solicitation. … Had there been a level playing field, Hunt clearly would have stood a substantial chance of winning.
Modified by Hunt Building Co. v. United States, 63 Fed. Cl. 141 (2004)Cited 88 timesPublishedMG Altus Apache Co. v. United States
111 Fed. Cl. 425 · United States Court of Federal Claims · May 30, 2013
Plaintiff has the burden of establishing that the responsibility determination was arbitrary and capricious. Impre-sa, 238 F.3d at 1337 . … Although MG EMA attempted to improve its performance and did implement some corrective action, the record clearly establishes that MG EMA had significant lapses in its required performance under the HNT contract.
Cited 12 timesPublishedSaliense Consulting LLC v. United States
United States Court of Federal Claims · Jun 23, 2025
feasibility of the roles, the responsibilities of the quoter’s team, how their management approach described day-to-day operations, and whether the quotation demonstrated the offeror’s ability to recruit, hire, train, and retain qualified … See Tab 15a at AR 728 (requiring resumes contain an “overview of duties” and “clearly demonstrate the proposed personnel meet the key personnel minimum qualifications”).
Cited 0 timesPublished
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