Case law

Viscontini v. Secretary of Health & Human Services

103 Fed. Cl. 600 · United States Court of Federal Claims · Feb 28, 2012

His new theory was that Crohn’s disease occurs when a person with a deficient immune system and a genetic predisposition to developing Crohn’s confronts an environmental trigger (“environmental-trigger theory”). … Once the special master determined both experts were highly qualified and reliable, there was no reason for him to give any additional weight to the background or demeanor of the government’s expert.”). 2.

Space Mark, Inc. v. United States

45 Fed. Cl. 267 · United States Court of Federal Claims · Nov 9, 1999

This decision was reached after reviewing the qualifications of the 13 employees to determine the positions on the base for which they qualified.... … The MEO is not the existing in-house organization, but the organization the agency would establish if it were competing for the work.

Dyncorp International LLC v. United States

United States Court of Federal Claims · Sep 6, 2018

Although the Tucker Act expressly waives the sovereign immunity of the United States against such claims, the act “does not create any substantive right enforceable against the United States for money damages.” … While no party questions whether plaintiff was a bidder, defendant argues that plaintiff lacks the direct economic interest required to establish standing.

Boldrini-Senn v. Secretary of Health and Human Services

United States Court of Federal Claims · May 19, 2020

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 … As a result, the vaccine caused an “override” of OSS’s immune system development, leading to chronic illness. Id. at 5–6.

Ridenour v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 26, 2026

Clearly Defined Sensory Level After reviewing Mr. Ridenour’s medical records, Dr. Lancaster opined in his first report that “[t]here is no clearly defined sensory level.” Exhibit B at 10. … Souayah has not addressed whether the clearly defined sensory level should persist, nor has he addressed the treatment records that fail to show any other doctor documenting a clearly defined sensory level.

Technatomy Corporation v. United States

United States Court of Federal Claims · Apr 7, 2026

The solicitation states that joint venture arrangements should not “establish an arrangement that may lead to collusion in proposals submitted in response to this solicitation or may lead to the establishment of [a] collusive … As this court noted at the motion-to-dismiss stage, the solicitation conveyed that “the level of evaluation that the VA intended to do was clearly low.” Technatomy, 173 Fed. Cl. at 501.

Hughes v. United States

58 Fed. Cl. 291 · United States Court of Federal Claims · Oct 23, 2003

In Admiral, the court held: The Federal Circuit certainly was not establishing “negotiations” as a litmus test. … Furthermore, defendant’s argument ignores controlling case law establishing FHLBB’s broad authority to enter into contracts under 12 U.S.C. § 1725 (c).

Perspecta Enterprise Solutions LLC v. United States

United States Court of Federal Claims · Jan 15, 2021

Although the Tucker Act explicitly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.” … In fact, the discussions held as a result of the ENs were clearly to Perspecta’s benefit, as it resulted in a higher overall rating.

SP Systems, Inc. v. United States

86 Fed. Cl. 1 · United States Court of Federal Claims · Feb 24, 2009

The team partner whom SP Systems challenges, [* * *], was to perform services worth more than $2 million, and qualified as “significant” under the RFP. … A protester’s mere disagreement with the agency’s judgment does not establish that an evaluation was improper.”) (citation omitted).

Favreau v. United States

49 Fed. Cl. 635 · United States Court of Federal Claims · Jun 28, 2001

The connection between recoupment and separation categories is established in two memoranda. … Pointing to the separations themselves, plaintiffs contend that they were clearly not separated “in a voluntary manner.” They were never asked if they agreed to their discharges.

Hoffman v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 7, 2024

. *** (v) To qualify as any subtype of GBS, there must not be a more likely alternative diagnosis for the weakness. … Pet’r’s Br. at 24-40; see also Exhibit 30 at 11.7 Any vaccine is designed to engage people’s immune systems. CIDP is considered an “immune-mediated neuropathy.” Exhibit 30 at 9.

Dolan v. United States

91 Fed. Cl. 111 · United States Court of Federal Claims · Jan 26, 2010

Dolan did, in fact, qualify for an award of physical disability benefits in lieu of termi-nation_” Def.’s Br. filed Aug. 29, 2007, at 2. … Plaintiffs burden is to show by “cogent and clearly convincing evidence” that the decision of the corrections board fails this standard. Wronke v.

Hock v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 15, 2024

He explained, “self-reactive lymphocytes [are] the nature of our immune system,” constantly communicating with peripheral immune cells to function.” Id. at 298. … Accordingly, EAE studies were not helpful in establishing causation.

Coastal Park LLC v. United States

United States Court of Federal Claims · May 28, 2019

Speaking more broadly, the Court held that “general provisions seeming to immunize the Government from paying damages due to its own breach or negligence should be construed, if possible, as not covering serious breaches … Even if Hurricane Matthew qualifies as a force majeure event under paragraph 16, Plaintiff 12 does not allege that the Hurricane itself prevented the parties from closing

Pricewaterhousecoopers Public Sector, LLP v. United States

126 Fed. Cl. 328 · United States Court of Federal Claims · May 10, 2016

DHA concluded that PwC exceeded the requirements of the PWS and clearly had the experience needed to perform the contract. See id. … Therefore, it is not clearly established whether the GAO was in error in finding this issue to be a valid protest ground.

Cassman v. United States

31 Fed. Cl. 121 · United States Court of Federal Claims · Apr 28, 1994

To qualify for the Philippines exception, a child had to be: bom [to the taxpayer] or legally adopted by him, in the Philippine Islands before 1946, if the child is a resident of the Republic of the Philippines, and if the … Birth, as defendant points out, is a clearly defined event, providing a bright line by which the availability of the exemption can be determined.

Faulkenberry v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 29, 2026

Faulkenberry alleged the flu vaccine and the hepatitis A vaccine caused WCF to develop “acute encephalopathy post immunization and encephalitis/encephalomyelitis following immunization procedure,” as well as “severe developmental … She failed to establish a persuasive theory to explain how the hepatitis A and/or flu vaccines can cause anti-NMDAR encephalitis. 2024 WL 4892507.

Cronin v. United States

98 Fed. Cl. 268 · United States Court of Federal Claims · Mar 31, 2011

Servicemembers who would qualify for disability retirement but for the fact that their conditions have not yet stabilized may be placed on the TDRL. Id. § 1202. … The statutes establishing the TDRL clearly recognize that it is distinct from active duty service.

Dean v. United States

92 Fed. Cl. 133 · United States Court of Federal Claims · Mar 29, 2010

First, plaintiff alleges that the AFBCMR’s September 25, 2003 and November 19, 2008 decisions “contained manifest errors and were clearly erroneous” and were “contrary to the [VA’s] award for service connected disability … A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

Oztimurlenk, R.N. v. United States

United States Court of Federal Claims · Oct 20, 2022

But that case is clearly distinguishable. … Thus, predominance cannot be established.