Case law

Weyerhaeuser 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.

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.

Ferguson v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 13, 2025

Further immune work up was also pending. Id. Dr. Pettee permitted Petitioner to participate in gym if his parents desired. Id. Petitioner’s immune work up results were completed on January 22, 2016. Pet. … “[Petitioner] qualified to go to State Tournament for wrestling in January 2015. He was so happy.” Id. at ¶ 10.

Estate of Musgrove v. United States

33 Fed. Cl. 657 · United States Court of Federal Claims · Jun 30, 1995

Sebe clearly maintained control over the funds transferred to Stanley. … Moreover, since Stanley could not use the money for purposes other than to pay off the taxes due on Naomi’s estate, Sebe clearly maintained control over the use of that money.

Erinys Iraq Ltd. v. United States

78 Fed. Cl. 518 · United States Court of Federal Claims · Sep 14, 2007

Courts construing the second element, the “direct economic interest” prong, have done so narrowly, “guided by the principle that waivers of sovereign immunity ... are to be construed narrowly.” AFGE, 258 F.3d at 1301 . … These discussions occurred after the first establishment of the competitive range. See AR Tab 22 (first competitive range established April 1, 2007); AR Tab 23-24 (letters dated April 2, 2007).

Focus Revision Partners v. United States

United States Court of Federal Claims · Sep 12, 2022

The failure to challenge FRP’s interested party status here raises the question of how FRP qualifies as an interested party for the purpose of its present action before the Court, but somehow does not qualify as a proper … While OHA is not bound per se by the FRCP, OHA’s established practice is to consider them.

Capitol Indemnity Corporation v. United States

United States Court of Federal Claims · Oct 4, 2022

The Court finds that Plaintiff has not established that the Army “accepted” Redstick’s work, nor has it established a dispute of material fact on the question. … [T]he United States has not waived sovereign immunity as to such claims.”). In sum, Plaintiff’s claim for an equitable adjustment for the gym floor work is without a leg on which to stand.

Fastship, LLC v. United States

United States Court of Federal Claims · Jun 27, 2019

FastShip is a Qualifying Successful Plaintiff FastShip prevailed on its infringement claim, FastShip III, 131 Fed. … established.”)

Hirsch v. United States

United States Court of Federal Claims · Mar 31, 2021

The ABCMR found that the plaintiff did not qualify for the exclusion under 10 U.S.C. § 14706(a)(3). (AR 667-68.) … Cir. 2009); see 5 U.S.C. § 706 (establishing the scope of review under the APA).

System Fuels Inc. v. United States

66 Fed. Cl. 722 · United States Court of Federal Claims · Jul 29, 2005

Dallas, 493 U.S. 215, 231 , 110 S.Ct. 596 , 107 L.Ed.2d 603 (1990) (holding that the burden is on the party seeking to exercise jurisdiction by clearly alleging facts sufficient to establish jurisdiction). … Resolution Of Plaintiff’s October 29, 2004 Motion For Summary Judgment Establishing Liability. 1.

Joerns Healthcare, LLC v. United States

United States Court of Federal Claims · Apr 28, 2026

Clearly, these vendors had a different understanding of what qualifies as nominal compliance. … Joerns cannot establish prejudice under its view of nominal sizing.

National Government Services, Inc v. United States

United States Court of Federal Claims · May 8, 2018

It is well established that a “non-frivolous allegation” of such a violation “is sufficient to establish jurisdiction” in the Court of Federal Claims. Distributed Sols., Inc. v. … In those situations, operations would be disrupted if CMS did not allow an otherwise qualified contractor to exceed the workload caps.

Westchester Fire Insurance v. United States

52 Fed. Cl. 567 · United States Court of Federal Claims · May 22, 2002

So the CO was clearly scrutinizing the contractor’s performance closely, and he determined that the work completed in the seventh work period only warranted a payment of $82,940.00. … The foregoing clause is qualified by the following provision: This section does not apply if a statute, regulation required by statute, loan agreement, or contract prohibits charging interest or assessing charges or explicitly

Focus Revision Partners v. United States

United States Court of Federal Claims · Sep 12, 2022

The failure to challenge FRP’s interested party status here raises the question of how FRP qualifies as an interested party for the purpose of its present action before the Court, but somehow does not qualify as a proper … While OHA is not bound per se by the FRCP, OHA’s established practice is to consider them.

Ruzicka v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 1, 2023

Neuenschwander summarized his causation theory as follows: “The mechanism involves a vaccine induced immune activation exacerbating an already existing immune dysfunction resulting in an autoimmune or immune activation process … Neuenschwander’s theories of robust and chronic immune activation. As Dr.

Novacare, Inc. v. United States

52 Fed. Cl. 165 · United States Court of Federal Claims · Mar 25, 2002

Contrary to this intent, the shareholders agreed to take steps necessary to qualify the merger as a reorganization. Id. … Clearly, the step transaction doctrine would be a dead letter if restricted to situations where the parties were bound to take certain steps. King Enters., Inc. v.

Reliance Insurance v. United States

38 Cont. Cas. Fed. 76,494 · United States Court of Federal Claims · Mar 22, 1993

The complaint at issue was clearly filed before October 29, 1992, and this case must be considered under the former certification rules. … Stebbins, assistant vice president and bond claim manager in Reliance’s Federal Way (Tacoma), Washington office was not qualified to certify claims one and two on behalf of plaintiff Reliance.

Cottrell v. United States

42 Fed. Cl. 144 · United States Court of Federal Claims · Oct 16, 1998

Clearly, the Tucker Act, alone, does not mandate money. See Mitchell, 463 U.S. at 216 , 103 S.Ct. 2961 ; Testan, 424 U.S. at 398 , 96 S.Ct. 948 . … As the court has analyzed throughout this order, plaintiff falls far short of establishing jurisdiction under the Tucker Act.

Grass Valley Terrace v. United States

69 Fed. Cl. 341 · United States Court of Federal Claims · Dec 21, 2005

Clearly, if the FmHA improperly denied Plaintiffs’ requests, Plaintiffs’ claims accrued at that time and would be time-barred if not filed within six years. … Summary judgment is appropriate against a party who fails to make a showing sufficient to establish an essential element to that party’s case where that party will bear the burden of proof at trial. Celo-tex Corp. v.

Deese 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.