Case law
Opinions from 1658 to today.
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79 Fed. Cl. 500 · United States Court of Federal Claims · Nov 30, 2007
On one hand “right of way” can serve “to qualify or limit the interest granted in a deed to the right to pass over a tract of land (an easement).” … “more clearly indicates an easement was granted than [D.C. Transit, where the term right-of-way appeared in only the habendum clause].” Id. In discussing D.C.
Cited 0 timesPublishedUnited States Court of Federal Claims · Apr 10, 2020
The ability of the Court of Federal Claims to entertain suits against the United States is limited, and the waiver of immunity “may not be inferred, but must be ‘unequivocally expressed.’” United States v. … Plaintiffs’ Fraud and Criminal Claims Plaintiffs further argue I.R.C. § 7433 “plainly and clearly authorizes a civil action against the United States where employees of the [IRS] recklessly or intentionally disregard
Cited 0 timesPublishedLayne v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 8, 2022
Moreover, the record as a whole is clearly focused on petitioner’s left shoulder and the resulting diagnoses all specifically relate to the left shoulder. (Id. at 17.) … Natanzi—describing over 80 cases of immune-mediated inflammatory reactions as a result of vaccination. (Id. (citing Ex. 18.1-18.11.))
Cited 0 timesPublishedDeese v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 4, 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 … Second, petitioner has the burden of establishing entitlement to compensation through one of two ways.
Cited 0 timesUnpublishedChromalloy San Diego Corporation v. United States
United States Court of Federal Claims · Nov 18, 2019
However, the Navy had previously found Chromalloy qualified to overhaul LM2500 engines despite Chromalloy’s lack of a GE Level IV license. … The declaration establishes that Mr.
Cited 0 timesPublishedUnited States Surety Co. v. United States
83 Fed. Cl. 306 · United States Court of Federal Claims · Aug 28, 2008
On January 11, 2007, plaintiffs filed a claim with the Contracting Officer (“CO”) for $32,000.00, stating that “the $32,000.00 ... assessed as [liquidated [djamages ... qualifies under the exclusion set forth in Paragraph … Having established that the government held a superior right to liquidated damages against the surety prior to the takeover agreement, we must now consider whether the takeover agreement itself forfeited that right.
Cited 17 timesPublishedUnited States Court of Federal Claims · Feb 16, 2018
“If disagreement with an existing party over trial strategy qualified as inadequate representation, the requirement of Rule 24 would have no meaning.” Butler, 250 F.3d at 181 (citing United States v. … Gaudet’s failure to establish a right to intervene under RCFC 24(a) is not the end of the matter. RCFC 24(b) gives the Court discretion to allow Mr.
Cited 0 timesPublishedMcSherry v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 2, 2016
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 … Because of this, Petitioner wished to cease taking OCPs and begin using the 3 Menarche is “the establishment or beginning of menstruation.”
Cited 0 timesPublishedCoons v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 24, 2022
Possible that there was some immune response to these.” Id. at 14. Dr. … The undersigned notes that other special masters have determined this rate appropriate for other well qualified experts. See, e.g., Jaafar v. Sec’y of Health & Hum. Servs., No. 15-267V, 2019 WL 2265329, at *3-4 (Fed.
Cited 0 timesPublishedWatson v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 28, 2016
Gertel sent numerous letters to Petitioner to establish contact, but there is no evidence of a response from Petitioner. Mot. at 14. … Petitioner has accordingly not established any grounds for awarding a rate higher than the forum rate.
Cited 0 timesPublishedStockton East Water District and Central San Joaquin Water Conservation District v. United States
109 Fed. Cl. 460 · United States Court of Federal Claims · Feb 28, 2013
“If ‘a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery[.]’” Fifth Third Bank, 518 F.3d at 1374-75 (quoting Cal. Fed. Bank, 395 F.3d 1267). … Smith, who was qualified as an expert on the spot-market value of water with respect to Central during the breach period. See Tr. 1992. Dr.
Cited 7 timesPublished111 Fed. Cl. 313 · United States Court of Federal Claims · May 30, 2013
Although the Tucker Act waives the sovereign immunity necessary for a plaintiff to sue the United States for money damages, United States v. … In addition to establishing an error by cogent and clearly convincing evidence, the service member must “show[ ] a ‘nexus’ between the error or injustice and the subsequent” adverse military decision, meaning that the procedural
Cited 32 timesPublishedBLR Group of America, Inc. v. United States
84 Fed. Cl. 634 · United States Court of Federal Claims · Nov 25, 2008
The 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). … The content and format of performance evaluations shall be established in accordance with agency procedures____” 48 C.F.R. § 42.1502 (a).
Cited 13 timesPublishedWeyerhaeuser Co. v. United States
32 Fed. Cl. 80 · United States Court of Federal Claims · Sep 1, 1994
Edward Stanton was proffered by plaintiff and qualified by the court as an expert in estimating railroad construction costs according to the method used by Railway in its study of the Woods Railroad. Mr. … Van Zandt, while never previously testifying as an "expert in timber valuation” was qualified accordingly. Tr. 1395. On voir dire, Mr.
Cited 7 timesPublishedBilling v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 22, 2021
The petitioner “bea[rs] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson, 24 Cl. Ct. at 484. … Akbari is an active researcher in the field of immune tolerance in triggering autoimmune disease. Id. Dr. Akbari has been consistently awarded a rate of $500.00/hour by other special masters in the program.
Cited 0 timesUnpublishedHospedales v. Secretary of Health and Human Services
United States Court of Federal Claims · May 29, 2026
Nahm opined “the tetanus vaccine could have triggered an immune cross-reaction through molecular mimicry and T cell activation leading to an immune/inflammatory response to antigens affecting the peripheral nerves and myelin … 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. C.
Cited 0 timesUnpublishedCakir v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 20, 2018
s North Carolina state immunization record indicates that he did in fact receive a 5th dose of the DTap vaccine on October 7,2012. See Immunization Record, filed on Apr.21,2016 (ECF No. 13-1) at 3. … s "symptoms and timing did not qualify him for compensation"). See id. at7.
Cited 0 timesUnpublished68 Fed. Cl. 131 · United States Court of Federal Claims · Sep 26, 2005
The interest provided for in this section shall be paid at the rate established by the Secretary of the Treasury 41 U.S.C. § 611 . … It is not the role of this court to tinker with the rule waiving the sovereign immunity of the United States for interest under the CDA. See Caldera v. J.S.
Cited 26 timesPublishedUnited States Court of Federal Claims · Mar 31, 2023
Although the Tucker Act expressly 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.” … Oct. 14, 2010) (“plaintiff still would have to establish that the error was prejudicial, i.e., that it affected the Board’s ultimate conclusion”).
Cited 0 timesPublishedADAMS v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Sep 29, 2025
Petitioner clearly suffered a profound loss, and I offer my sincerest condolences. However, for the reasons set forth below, I conclude that petitioner is not entitled to an award of compensation. I. … However, even acknowledging that the vaccine can induce some inflammatory immune response, mere invocation of a vaccine’s intended immune response is not in and of itself sufficient to carry petitioner’s burden under Althen
Cited 0 timesUnpublished
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