Case law

John Gerard v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 16, 2013

special masters will be made available to the public unless they contain trade secret or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would clearly … Nurse Perk performed an assessment for the influenza immunization. Id. at 143. She documented that the flu vaccine was contraindicated for petitioner due to his history of GBS.

Flowers v. United States

75 Fed. Cl. 615 · United States Court of Federal Claims · Mar 1, 2007

Although a pro se plaintiff is granted leniency in presenting his case, his pro se status does not provide him immunity from pleading facts upon which a valid claim can rest. See, e.g., Constant v. … As the Treasury Department’s regulation clearly states, “registration is conclusive of ownership.” 31 C.F.R. § 353.5 (a). Consequently, plaintiffs reliance upon the state court default judgment is unavailing.

Precision Pine & Timber, Inc. v. United States

81 Fed. Cl. 235 · United States Court of Federal Claims · Sep 14, 2007

“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Locke v. United States, 151 Ct.Cl. 262, 267 , 283 F.2d 521, 524 (1960). … “If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Id. (quoting Locke v. United States, 151 Ct.Cl. 262 , 283 F.2d 521, 524 (1960)).

Moncrief v. United States

43 Fed. Cl. 276 · United States Court of Federal Claims · Mar 16, 1999

The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. 948 . … The doctrine is well established in the jurisprudence of administrative law, McKart v.

Bergman v. United States

28 Fed. Cl. 580 · United States Court of Federal Claims · Jul 2, 1993

CMSgt Badour explained “that [the] AFMPC had recently established a policy ... … Congress established the VSI program to assist with military downsizing.

Bcpeabody Construction Services, Inc. v. United States

112 Fed. Cl. 502 · United States Court of Federal Claims · Sep 25, 2013

It only addressed Bauer’s suitability as a subcontractor, and the contracting officer was well aware that Bauer was a qualified subcontractor. … In short, BCPeabody has established that the contracting officer in this case abused her discretion in two ways.

First Commerce Corp. v. United States

60 Fed. Cl. 570 · United States Court of Federal Claims · May 18, 2004

(stating that defendant’s “argument that the government is immune from contractual liability because it was acting in its regulatory capacity was rejected squarely by this court and the Supreme Court in Wins-tar”). … This is a significant difference because, as plaintiff argues, contracting specifically for certain types of assets to qualify as regulatory capital is not the same as contracting for the level of capital that will be needed

Kanehl v. United States

40 Fed. Cl. 762 · United States Court of Federal Claims · Mar 23, 1998

Promptly following closing, all documents and information establishing such damages in the possession and knowledge of DLA will be furnished by DLA to the Trustee. C. … Kanehl, 38 Fed.Cl. at 104 (citing the six-year statute of limitations established by 28 U.S.C. § 2501 ).

Stone v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 2, 2016

See Pet’r’s Ex. 6, Petitioner’s Supplemental Affidavit, at 1, ECF No. 9-2. 7 Menarche is “the establishment or beginning of menstruation.” … Secondary amenorrhea is “cessation of menstruation after it has once been established at puberty.”

Mager v. Secretary of Health and Human Services

United States Court of Federal Claims · May 11, 2022

Mager did not qualify this assertion by describing Victoria’s epilepsy as either “mild” or “not severe.” See id. Concomitantly, Mr. … He discussed the WHO guidelines, stating that Victoria “clearly meets the criteria for certain side effects caused by the vaccine.” Tr. 216.

Surace v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 5, 2025

Overstimulation of the immune system is also common in vaccines, as they “are generally formulated with the primary purpose of activating the immune system so that the body mounts a lasting immune response. . . .” … Here, a significant aggravation claim has not been established, even if I focus solely on conditions Petitioner clearly had experienced pre-vaccination, like PMDD.

Fisher v. United States

United States Court of Federal Claims · May 19, 2020

“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). … Those allegations are not enough to establish coercion.

Kelly v. United States

United States Court of Federal Claims · Nov 19, 2021

Nonetheless, the assessment found Plaintiff qualified for service and separation. Id. at 453. … The performance evaluation on which Defendant relies does not clearly establish this fact.

Holland v. United States

57 Fed. Cl. 540 · United States Court of Federal Claims · Jul 30, 2003

Holland and Ross were not merely investors, but the driving force behind the transactions, a role clearly reflected in the record before the court. … The documents of the Peoria Savings transaction clearly indicate that the parties understood that River Valley I would amortize the goodwill created by the acquisition.

Tellus Strategies, LLC v. United States

United States Court of Federal Claims · Jun 11, 2026

The Solicitation noted that offerors were “responsible for having the POC qualified to speak on representative performance.” Id. at 2459. … Neither Tellus nor AP Can Establish Entitlement to Injunctive Relief.

DAVIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Apr 24, 2024

and immunizations not carried out because of contraindication. … She was concerned about the number of words Z.D. had—not his ability to speak clearly—but her husband was not concerned. Tr. 16, 17. Mrs.

Kellogg Brown & Root Services, Inc. v. United States

99 Fed. Cl. 488 · United States Court of Federal Claims · Jul 6, 2011

The parties diverge on whether the conduct targeted by the statute includes any and all fraudulent conduct in the performance of the contract, or whether the qualifying phrase — “fraud ... in the proof, statement, establishment … The school contracted to provide qualified veterans with courses, books, supplies, and related equipment. Little, 152 F.Supp. at 85 .

Reid v. United States

United States Court of Federal Claims · May 19, 2020

“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). … Those allegations are not enough to establish coercion.

AETC II PRIVATIZED HOUSING, LLC v. United States

United States Court of Federal Claims · May 15, 2025

That language, paired with the rule’s plain text, which authorizes requests to admit “the application of law to fact,” clearly establish that Rule 36 allows requests for admissions of law related to the facts of the case. … Ill. 1980) (“Naxon is clearly in error in objecting to Requests that call for ‘opinions of fact or of the application of law to fact,’ because the 1970 amendment to Fed. R. Civ.

Thomas v. United States

106 Fed. Cl. 467 · United States Court of Federal Claims · Aug 29, 2012

To begin, the court agrees with plaintiffs that recreational trail use clearly falls outside of the scope of a railroad purpose easement in Tennessee. … The statute defines "qualified trail provider” as a "state, political subdivision, or qualified private organization that is prepared to assume full responsibility for management of [railroad] rights-of-way and for any legal