Case law
Opinions from 1658 to today.
4,740 results
0.72s
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).
Cited 7 timesPublishedAgile Defense, Inc. v. United States
United States Court of Federal Claims · Apr 22, 2019
After offerors submitted their initial proposals, the Agency established a competitive range of thirty offerors. See id. at 79515. … 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.”
Cited 0 timesPublished90 Fed. Cl. 186 · United States Court of Federal Claims · Dec 4, 2009
Once an abandonment is established, the availability of a deduction therefor is qualified by section 165(c), which provides— (c) Limitation on losses of individuals. — In the case of an individual, the deduction under subsection … The Tax Court severely reduced ACVA's tax preference item of qualified investment expenses to reflect the aforementioned readjustments. .
Reversed on other grounds by Leblanc v. United States, 410 F. App'x 323 (2011)Cited 2 timesPublishedLand Shark Shredding, LLC v. United States
United States Court of Federal Claims · Mar 21, 2019
Although both entities were considered to be qualified to perform the required services, SafeGuard’s proposal was determined to be the “most advantageous to the Government.” Id. … The court also finds that irreparable harm to plaintiff is not established because the protestor has not shown likelihood of success on the merits. See Akal Sec., Inc. v. United States, 87 Fed.
Cited 0 timesPublishedGuilliod v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 2, 2024
ATTORNEYS’ FEES AND COSTS 1 On December 16, 2021, Eric Guilliod (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”) 2 alleging that he suffered immune … Respondent argued “the Court should reserve the highest rates for the most qualified experts opining on the most complex medical issues.” Resp. Response at 3.
Cited 0 timesUnpublishedPasco v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 11, 2022
However, the evaluator noted that M.P. appeared to have improved language skills each week and did not qualify for speech services. Id. … “very clearly [] had an infection . . . [and w]e know very clearly that [] infection in itself solely as [a] cause of illness” with a “neurologic outcome, particularly ADEM and any form of that.” Tr. 150:11–17.
Cited 0 timesUnpublished46 Fed. Cl. 438 · United States Court of Federal Claims · Apr 4, 2000
Security Council Resolution 814, was established to maintain the secure environment created by UNITAF. In May of 1993, UNOSOM II formally assumed operations from UNITAF. … Defendant does raise one issue that is clearly jurisdictional.
Cited 7 timesPublishedUnited States Court of Federal Claims · Nov 25, 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). A waiver of immunity "cannot be implied but must be unequivocally expressed." … Further, to determine "who qualifies as a federal government employee for various pay and benefit purposes[,] Congress has enacted detailed legislation establishing various categories of employees." Guevara v.
Cited 0 timesUnpublishedVeridyne Corp. v. United States
86 Fed. Cl. 668 · United States Court of Federal Claims · Apr 16, 2009
In order to continue using plaintiff, both plaintiff and MAR-AD knew that the Contract would be opened to competition unless plaintiff satisfied a $3-million qualifying limitation to the Contract value. 1 Plaintiff was awarded … Moreover, conceding that Invoice No. 267 clearly includes expenses incurred from September 2004 through the end of the Contract period, defendant represents that no document was available to indicate that those same expenses
Cited 10 timesPublished34 Fed. Cl. 387 · United States Court of Federal Claims · Nov 6, 1995
Clearly, the two types of relief are different, thus diminishing the effect of a section 1500 claim. … stations which were established more than 19 years prior to the current measurements.
Cited 9 timesPublishedUnited States Court of Federal Claims · May 4, 2018
Arnett who plaintiff contends signed the alleged agreement with him, had authority to enter into this agreement which plaintiff has failed to establish lt is well established that the government is not bound by the acts of … lt is well-established an allegation of fraud is a tort claim. § Brown v.
Cited 0 timesPublishedJade Trading, LLC v. United States
65 Fed. Cl. 487 · United States Court of Federal Claims · Apr 22, 2005
The documents in Plaintiffs’ Administrative Files are clearly relevant because they formed the underpinnings of the FPAA or contain data considered by the IRS in issuing the FPAA, challenged in this action. *492 The Government … To qualify as pre-decisional, the information must address matters “antecedent to the adoption of agency policy.” Walsky Constr. Co. v. United States, 20 Cl. Ct. 317, 320 (1990) (quoting Jordan v.
Cited 9 timesPublishedHoffman 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.
Cited 0 timesUnpublishedInternational Industrial Park, Inc. v. United States
100 Fed. Cl. 638 · United States Court of Federal Claims · Oct 7, 2011
Hutchison also qualifies as an expert in construction cost estimation and management. See (Hutchison, Tr. 826.) … The Government clearly acted as if the contract had been abandoned. Mr.
Cited 3 timesPublishedVMS Hotel Partners v. United States
39 Cont. Cas. Fed. 76,631 · United States Court of Federal Claims · Mar 7, 1994
The contractor’s establishment must not be located in a known drug or vice area, or an area of poor reputation. … Section 1.3 provides: 1.3 Subcontracting: The contractor shall furnish meals and lodgings from his/her establishment, or at the location specified in the contract.
Cited 7 timesPublishedPikes Peak Family Housing, LLC v. United States
42 Cont. Cas. Fed. 77,280 · United States Court of Federal Claims · Apr 7, 1998
Quite the contrary, the Act’s savings clause clearly and expressly states, in relevant part, that § 423 “does not ... limit the applicability of any ... remedies established under any other law or regulation.” 41 U.S.C. § … Particularly noteworthy is the deliberate care with which Judge Bruggink qualified his ruling in Metric, stating that “no single rule can be adopted generically covering discovery requests in these circumstances.” Id.
Cited 32 timesPublished46 Fed. Cl. 368 · United States Court of Federal Claims · Feb 22, 2000
The predecessor contractor, Ferguson-Williams, Inc., could no longer qualify as a small business, but was proposed by Cube, a small business, as its major subcontractor on the solicitation. … When the solicitation clearly calls for the items in question, as here, it is not incumbent on the government to unduly assist or “spoon-feed” an offeror. See Labat-Anderson, Inc. v.
Cited 32 timesPublishedChippewa Cree Tribe of the Rocky Boy's Reservation v. United States
69 Fed. Cl. 639 · United States Court of Federal Claims · Jan 26, 2006
While the Tucker Acts provide the “clear statement from the United States waiving sovereign immunity” required to establish jurisdiction over a suit against the government, United States v. … Defendant also argues that funds appropriated to satisfy the 1980 Award are exempt from the IJFDA and its governing regulations because of the qualifying language used in the 1982 Distribution Act.
Cited 20 timesPublishedHock 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.
Cited 0 timesUnpublishedPahos v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 11, 2026
Legal Standard The Vaccine Act was established to compensate vaccine-related injuries and deaths. Section 10(a). … Thus, he bears the burden of establishing actual causation.
Cited 0 timesUnpublished
Ask Donna