Case law

Shell Oil Company v. the United States 06-141c & 0

108 Fed. Cl. 422 · United States Court of Federal Claims · Jan 14, 2013

The moving party carries the burden of establishing its entitlement to summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). … Plainly, the phrase “all things whatsoever” and the “without limitation” qualifier are used in the above passage to indicate that the subsequent list of powers possessed by DSC was not exhaustive.

White Hawk Group, Inc. v. United States

91 Fed. Cl. 669 · United States Court of Federal Claims · Feb 25, 2010

As a general rule, however, all participants in an 8(a) joint venture must qualify as small. 13 C.F.R. § 124.513 (b)(1) and (2); CSUF ¶5. … According to the plaintiffs, White Hawk/ Todd qualifies for special treatment under a “mentor/protégé” joint venture agreement.

Marshall Associated Contractors, Inc. v. United States

39 Cont. Cas. Fed. 76,702 · United States Court of Federal Claims · Sep 1, 1994

Subject Matter Jurisdiction In a motion to dismiss brought under RCFC 12(b)(1), plaintiff bears the burden of establishing subject matter jurisdiction. KVOS, Inc. v. … Conflicting results would create more confusion and inefficiency which would, in turn, violate the principles established by the Election Doctrine.

Metropolitan Interpreters and Translators, Inc. v. United States

United States Court of Federal Claims · Oct 16, 2019

The SSA highlighted both MVM’s [ ] as a means of facilitating efficient performance, and the systems in place for recruiting qualified linguists. Id. at 224. … The record clearly establishes that the SSA took the TET report into consideration. See ECF No. 26-2 at 218 (noting the “evaluation team[’s]” conclusions regarding plaintiff’s management approach).

Keener v. United States

76 Fed. Cl. 455 · United States Court of Federal Claims · Apr 18, 2007

It is well-established that the partnership prong of an affected item — in' this case, the proper construction of section 6229(a) — must be determined first in a unified partnership proceeding. … Indeed, it would be difficult to envision otherwise, particularly since partnerships themselves do not qualify as taxpayers for purposes of the Code.

N. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 18, 2019

s eczema is "relevant because it indicates that clearly [J.J.N.] doesn't react appropriately to Dtap [sic].'' … accurate except in limited circumstances not established to be relevant here." lfL at *4 (citing Burns v.

Pickens v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 17, 2021

Donofrio appear to be qualified experts who may write reports in the future, these concerns are noted here with the hope that they will not be repeated. II. … Pickens has not met his burden of establishing that 57 days is within an appropriate period to establish causation.

Collier v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 17, 2018

Petitioner’s symptoms began more than 14 weeks (101 days) after flu vaccine, and clearly fall outside of the Table. … In summary, Petitioner has not established that he possessed a reasonable basis for the claims raised in the petition.

Zebofsky v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 26, 2018

Russell Huffman, is well-qualified to opine in this case. … Respondent mentions petitioner’s “previous right shoulder pain” (id. at 2), but respondent’s counsel clearly indicated respondent did not consider this earlier pain to be a weakness in petitioner’s case.

Homesource Real Estate Asset Services, Inc. v. United States

94 Fed. Cl. 466 · United States Court of Federal Claims · Aug 25, 2010

The threshold issue in determining whether a party has standing is whether a protester qualifies as an “interested party” under § 1491(b)(1). See Am. Fed’n of Gov’t Employees v. … The Department of Housing and Urban Development (HUD) gave general descriptions of the five rating categories applicable to the technical factors other than Socio-Economic Status as follows: *473 Excellent: The factor clearly

Globe Savings Bank, F.S.B. v. United States

59 Fed. Cl. 86 · United States Court of Federal Claims · Dec 19, 2003

The government’s liability for breach of contract has been established, see Globe Sav. Bank, FSB v. … subordinated debt ... and qualifying nonpermanent preferred stock.” 12 C.F.R. § 563.9 — 8(b)(12) (1989) (internal references omitted). .

Centech Group, Inc. v. United States

78 Fed. Cl. 496 · United States Court of Federal Claims · Sep 25, 2007

Plaintiffs standing must be established by a preponderance of the evidence. Reynolds, 846 F.2d at 748 . … The fact that an agency procurement action was taken as corrective action resulting from a GAO bid protest does not immunize that action from judicial review.

Pueblo of Laguna v. United States

60 Fed. Cl. 133 · United States Court of Federal Claims · Mar 19, 2004

the court for further instructions regarding, inter alia: (a) defendant’s obligation to preserve specific categories of documents, data, or tangible things; (b) any aspect of the inspection or indexation tasks not herein clearly … Moreover, the Administrative Procedure Act waives sovereign immunity for district court suits only if "there is no other adequate remedy.” 5 U.S.C. § 704 (2000).

G4s Technology Cw Llc v. United States

109 Fed. Cl. 708 · United States Court of Federal Claims · Mar 12, 2013

It also sought new cost/price proposal from qualifying offerors. Id. … Here, in contrast to Comint, G4S clearly had a technical rating and price that would have led to consideration had the proposal not been rejected.

Jones v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 28, 2019

Tornatore argued that there does not have to be a specific homology to cause molecular mimicry due to “degeneracy,” wherein an immune response to a given antigen causes an “immune response [that] target[s] multiple other … To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. See id.

Rx Joint Venture, LLC v. United States

United States Court of Federal Claims · Oct 2, 2019

The Evaluation Process The Solicitation established a staged evaluation process. Id. at 650. … To qualify as “acceptable” under the Technical Experience Acceptability Factor, an offeror was required to receive a minimum technical acceptability score of at least 4200 points. Id. at 652.

Patton v. Secretary of the Department of Health & Human Services

28 Fed. Cl. 532 · United States Court of Federal Claims · Jun 4, 1993

Where a statute’s language is unambiguous, the court should regard it as conclusive “[ajbsent a clearly expressed legislative intention to the contrary.” Consumer Prod. Safety Comm’n v. … Moreover, as a statute that waives the government’s sovereign immunity, the Vaccine Act must be strictly construed. United States v.

Pae-Parsons Global Logistics Services, LLC v. United States

United States Court of Federal Claims · Mar 11, 2020

Accordingly, the courts have interpreted FASA to mean that “once the task or delivery order contract itself has been obtained through full and open competition, orders made pursuant to that contract are immune from [the Competition … As this Court has previously held, “[a]n offeror’s mere disagreement with the agency’s judgment concerning the adequacy of the proposal is not sufficient to establish that the agency acted unreasonably.” Am.

10 Tanker Air Carrier, LLC v. United States

United States Court of Federal Claims · Aug 27, 2021

The SSA stated cost per gallon is “less relevant when the total overall price is so significantly higher than other qualified offerors.” Id. … The government argues, “the error complained of is clearly patent: the overall price formula presented directly in the solicitation.” Id.

Sullivan v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 5, 2014

Petitioner alleges that James suffered chronic muscle aches, pains, tremors, immune dysfunction, and cardiac problems as a result of receiving the Pandemrix influenza ("flu") vaccine. 1 Because this decision contains a reasoned … Further, Petitioner cannot establish James was injured by a covered vaccine. 3 To date, Petitioner has never paid the filing fee nor filed a proper inf'orma pauperis motion.