Case law
Opinions from 1658 to today.
4,740 results
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Ross-Hime Designs, Inc. v. United States
United States Court of Federal Claims · Sep 19, 2018
Such waivers of sovereign immunity must be construed narrowly and in favor of the Government. Lane v. Pena, 518 U.S. 187, 192 (1996). … As with the second Robonaut 1A hand, the record does not clearly reflect Robonaut 1B’s stages of development.
Cited 0 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 timesUnpublishedThe Severson Group, LLC v. United States
United States Court of Federal Claims · Mar 8, 2021
Here, Severson falls short of establishing that Ho`opono made a material misrepresentation or engaged in a bait-and-switch. … -Intervenor’s Resp. at 19-20, however, Severson’s argument falls short of establishing a bait-and-switch.
Cited 0 timesPublishedUnited States Court of Federal Claims · Jan 16, 2014
Shoenfeld, however, stated that they showed that the body’s immune system was attacking O.A.S.’s nerves. … She indicated: O.A.S. is clearly getting stronger. She kicks her legs very actively. She continues to have flail feet.
Cited 0 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 timesPublishedFiltration Development Co. v. United States
60 Fed. Cl. 371 · United States Court of Federal Claims · Apr 13, 2004
Third, the parties dispute whether plaintiff has clearly and convincingly demonstrated its entitlement to the extraordinary remedy of a permanent injunction. … It is unclear if any additional steps, besides representations that a trade study for fully qualified IBF kits will be conducted, have been taken to promote competition.
Cited 65 timesPublishedSanta Fe Pacific Railroad v. United States
48 Fed. Cl. 520 · United States Court of Federal Claims · Jan 11, 2001
To qualify for these new rates, however, the railroads had to surrender certain rights to grant lands that were not patented. Id. at § 321(b). … Defendant raises several arguments directed at establishing that Santa Fe long ago divested itself of the property interests in question.
Cited 1 timesPublished108 Fed. Cl. 1 · United States Court of Federal Claims · Dec 13, 2012
The Air Force clearly considered Sieben’s mental *10 state, but was unable to make a finding of unfitness based on the evidence presented. … when the MRI was taken or whether it would demonstrate that Sie-ben’s mental condition would qualify as unfitting at the time she was placed on the TDRL.
Cited 7 timesPublishedKirby v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 17, 2020
Henry diagnosed petitioner as “having a complication due to vaccination, infection following immunization, and radial neuritis.” On October 23, 2013, during a second visit, Dr. … Petitioner further claims that “the Special Master determined both experts were qualified to opine in the case” and that it therefore “was not Dr.
Cited 0 timesPublishedUnited States Court of Federal Claims · Sep 7, 2021
Plaintiff further argued restrictions barring the IRS from taking the complained-of reaction are “‘clearly established’ in Congress’ First Amendment Mandate to the United States government, which reads in pertinent part, … Plaintiff also points to the First Amendment’s Establishment Clause as evidence that citizens may “establish[] one’s own unincorporated, unregistered, Private Sector ‘Church,’ based upon one’s own Private ‘religion.’”
Cited 0 timesUnpublished46 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 timesPublishedUniversal Marine Company, K.S.C. v. United States
120 Fed. Cl. 240 · United States Court of Federal Claims · Feb 10, 2015
The line next to FAR 52.222-17 (Nondisplacement of Qualified Workers), however, was not checked. AR Tab 15, at 103. … Although Universal Marine cited no precedent in support of its argument, Attachment 0005 clearly states that offerors without relevant past performance will receive an “unknown” determination that translates to an “Acceptable
Cited 14 timesPublishedThe Logistics Company, Inc v. United States
United States Court of Federal Claims · Dec 14, 2022
Accordingly, contrary to the Government’s position, the Koshani matter clearly occurred within the scope of FAR 52.209-7(c)(1). ii. … (c)(1)(ii),” which indicates that a matter may not qualify under both paragraphs (c)(1)(ii) and (c)(1)(iv). FAR 52.209-7(c)(1)(iv) (emphasis added).
Cited 0 timesPublishedNorthstar Vermont Yankee, LLC v. United States
United States Court of Federal Claims · Apr 21, 2022
The Court held that the delay qualified only as a partial breach based on the agency’s stated intent to perform under the terms of the Standard Contract in the future. Id. at 1376–77. … However, unlike standard fuel that meets all the general specifications, this latter provision qualifies DOE’s acceptance obligation.
Cited 0 timesPublishedDAVISON v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Sep 19, 2025
Although there is no established association between S. pneumoniae infection and GBS (Ex. … Donofrio and Schroeder, who are also qualified to opine regarding the causes of GBS, their conclusion that the decedent’s GBS was merely coincidental to vaccination is based exclusively on their disbelief as to general causation
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jan 16, 2014
Shoenfeld, however, stated that they showed that the body’s immune system was attacking O.A.S.’s nerves. … She indicated: O.A.S. is clearly getting stronger. She kicks her legs very actively. She continues to have flail feet.
Cited 0 timesPublishedUnited States Court of Federal Claims · May 31, 2019
Time spent on either was not established. … Because the government has not established that Mr.
Cited 0 timesPublishedSchwarz v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 4, 2024
Clearly he has a large component of anxiety and somatization which I believe is his primary problem. … Mike clearly prefers an alternative medicine pathway in pursuit of a diagnosis and treatment.
Cited 0 timesUnpublished104 Fed. Cl. 620 · United States Court of Federal Claims · May 23, 2012
The burden of establishing jurisdiction falls on the plaintiff. See FW/PBS, Inc. v. … Our precedents clearly establish that only controversies in the former category may be removed from Article III courts and delegated to legislative courts or administrative agencies for their determination.”
Cited 4 timesPublished51 Fed. Cl. 738 · United States Court of Federal Claims · Mar 4, 2002
Pro se litigants are not immune from laws and rules of procedure simply on the basis of their pro se status. See, e.g., Constant v. United States, 929 F.2d 654 (Fed.Cir.1991). 2. … Claims did state: Assuming, arguendo, that plaintiff has a claim under the Military Claims Act against the Government on the basis of his active duty service and his civilian employment, the act, as we have said before, clearly
Cited 20 timesPublished
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