Case law

Daniels v. United States

United States Court of Federal Claims · Dec 6, 2022

Maria Aviles-Salgado, who saw the plaintiff “for [a] consult to re-establish care.” … Cir. 2009); see 5 U.S.C. § 706 (establishing the scope of review under the APA).

Buesing v. United States

42 Fed. Cl. 679 · United States Court of Federal Claims · Jan 13, 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 . … To establish a claim upon which relief can be granted, a plaintiff must allege the elements necessary to establish the existence of an express contract or an implied-in-fact contract. Trauma Serv. Group v.

Neie, Inc. v. United States

United States Court of Federal Claims · Dec 6, 2013

JAR 25 (conceding that “[t]he contracting officer may, however, choose to make an award to the contractor if the contracting officer determines there is new and material evidence clearly establishing that the contractor is … The record clearly demonstrates that the CO neglected to do so.

Kansas Gas & Electric Co. v. United States

95 Fed. Cl. 257 · United States Court of Federal Claims · Nov 30, 2010

We could have, clearly if we’re just talking about one fuel cycle, I think we would have foregone, instead of spending $14 million on a reraeking job. Tr. at 954-56. … The material cost of the reraek project clearly was not the driver of the construction overheads, and it did not affect the internal support provided to the project.

Le v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 22, 2014

Arnold; her immunization records; petitioner’s affidavit; and medical records from petitioner’s doctors (Dr. Kalpana Prasad, Dr. D. William Davidson, and Dr. Manoher Gurru). Petitioner’s Exhibits (“Pet. Ex(s).”) 1-7. … First, the hourly rate in the attorney’s local area must be established. Id. Second, the hourly rate for attorneys in the forum, Washington D.C., must be established. Id.

McCulloch v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 29, 2018

As with an attorney preparing the guardianship plan, I find that it is reasonable and necessary for a qualified professional to prepare the accounting for the court. … Even if the proffer qualifies as a settlement (which neither party contends), the United States Court of Federal Claims had authority to approve it and has done so.

Austin v. United States

128 Fed. Cl. 314 · United States Court of Federal Claims · Sep 19, 2016

Contrary to Plaintiffs’ argument, the term “workdays” in section 6 clearly refers to the workdays that have been designated as holidays under those sections. … observation begs the question before the Court because, unlike section 5 of E.O. 11,582 (which the VA does, in fact, apply to determine the holiday pay entitlement of part-time nurses), it is not enough to be “an employee” to qualify

Heath v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 4, 2024

TNF-α, in turn, has been shown to be an important part of the immune response to the flu vaccine. … Conclusion Petitioner has clearly suffered and for that she has my sympathy.

Suess v. United States

33 Fed. Cl. 89 · United States Court of Federal Claims · Mar 17, 1995

FIRREA also established the Resolution Trust Corporation, a corporation “deemed to be an agency of the United States to the same extent as the Federal Deposit Insurance Corporation [FDIC] when it is acting as a conservator … In the absence of such a rule, this panel of the court is clearly bound by our previous decisions in Algonac Manufacturing Co. and S.R. Weinstock & Associates, Inc.

Jenkins v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 17, 2026

Gray, told her that CSF-venous fistulas result from an inflammatory immune response. … This is caused by the immune reaction to the antigen contained in the vaccine, in addition to other substances in the vaccine that are meant to trigger the immune system.

Crane Helicopter Services, Inc. v. United States

45 Fed. Cl. 410 · United States Court of Federal Claims · Nov 23, 1999

The court notes at the outset of this “non-conformity” discussion that the government has failed to produce original design drawings which would clearly establish a certified type design for the Bell 204B model helicopter … If you have the personnel qualified to do the repair at a reasonable labor rate, that becomes a factor.

Melson v. United States

United States Court of Federal Claims · Nov 6, 2017

Melson seeks to benefit from the “continuing claim doctrine” by asserting that he “has laid out clearly and concisely a series of events that collectively, resulted in the causes of actions now being pursued.” … Cl. 369, 381-82 (2010) (“It is well-established that the Court of Federal Claims lacks authority to grant punitive damages.”) (citations omitted).

Dillenbeck v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 6, 2020

the court's findings are clearly erroneous; or (4) the record contains no evidence on which the [] court rationally could have based its decision. … Relevant Evidence in Lost Wages Determinations The Federal Circuit has not interpreted what qualifies as “generally recognized actuarial principles and projections.”

Chapman Law Firm v. United States

63 Fed. Cl. 519 · United States Court of Federal Claims · Jan 25, 2005

HMBI asserts that Chapman’s argument failed because “HMBFs proposal, on its face, clearly explained] how it [would] comply with the limitation on subcontracting.” Id. … Compl. ¶ 21. (4) Proposed Key Personnel — "fail[ure] to identify qualified management staff at the Contract Area Office [and] ... fail[ure] to provide a clear, detailed and feasible staffing plan."

Adams v. United States

44 Fed. Cl. 772 · United States Court of Federal Claims · Sep 30, 1999

Similarly, supervisors within the sector command structure, which supervises multiple stations, qualify as well. … The Government has therefore met its burden of establishing that he is exempt.

Richard R. Grooms v. United States

United States Court of Federal Claims · Jan 7, 2014

The Military Pay Act, codified as 37 U.S.C. § 204, entitles qualified members of the military service to “basic pay of the pay grade to which [they are] assigned or distributed.” … Clearly, plaintiffs do not fall under either of these two categories because they were neither on active duty nor participating in full-time training; the plaintiffs had all been placed on the disabled list and had been removed

Vectrus Services A/S v. United States

United States Court of Federal Claims · Mar 14, 2023

established in 2004, as applicable. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

Navarro Research and Engineering, Inc. v. United States

United States Court of Federal Claims · Nov 30, 2020

Cir. 1996) (“To establish prejudice, a protester is not required to show that but for the alleged error, the protester would have been awarded the contract.”). … The only evidence plaintiff has provided that it was unreasonable for the DOE to rely on intervenor-defendant’s representations as to the corporate transaction are qualifying statements in the United States Securities and

Level 3 Communications, LLC v. United States

129 Fed. Cl. 487 · United States Court of Federal Claims · Dec 5, 2016

FAR 15.306(a)(2) clearly differentiates “discussions” from “clarifications,” i.e., negotiations that lead to changes to the proposal. … (d) Exchanges with offerors after establishment of the competitive range.

California Federal Bank v. United States

54 Fed. Cl. 704 · United States Court of Federal Claims · Dec 17, 2002

Reasonable Certainty ‘“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” California Fed. Bank, FSB v. … Plaintiff did not establish damages from the category that it describes as “other foregone assets.”