Case law

Opinions from 1658 to today.

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  • United Computer Supplies, Inc. v. United States

    43 Fed. Cl. 351 · United States Court of Federal Claims · Apr 2, 1999

    “[A] course of dealing can supply an enforceable *358 term to a contract, or even may even supplement or qualify that contract, provided the conduct which identifies the course of dealing ' can reasonably be construed as … United States, 30 Fed.Cl. 662 (1994), plaintiff argues that this conduct was sufficient to establish a course of dealing.

    Cited 1 timesPublished
  • Baha v. United States

    United States Court of Federal Claims · Aug 28, 2019

    unresolved claims against the government lies with the contractor, common sense indicates that placing the burden on 9 the contractor to identify and specify such claims clearly … Cir. 2011) (noting that quasi-contracts are implied-in-law contracts and that the Tucker Act does not waive sovereign immunity over implied-in-law contracts)). The government is correct. To the extent Mr.

    Cited 0 timesPublished
  • Kirby v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 27, 2019

    Kinsbourne is not qualified to opine regarding an orthopedic injury. (Id. at 7-8.) … In this case, both experts are neurologists and are qualified to opine in this case. Dr.

    Cited 0 timesPublished
  • Inyang v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 5, 2024

    He explained that NMO develops when the immune system attacks healthy cells and proteins, most often in the spinal cord and eyes. … Abnormal autoantibodies bind to the protein aquaporin-4, which activates other components of the immune system, resulting in inflammation and cell damage. Id. at 13.

    Cited 0 timesUnpublished
  • Resource Investments, Inc. v. United States

    85 Fed. Cl. 447 · United States Court of Federal Claims · Jan 23, 2009

    Concerning this first step, both plaintiffs clearly had valid property interests. … CONCLUSION Based on the foregoing, plaintiffs have clearly established that they: (1) had a valid property interest, (2) can maintain their claim for a categorical taking even though it has been “cut short,” and (3) were

    Cited 59 timesPublished
  • Career Training Concepts, Inc. v. United States

    83 Fed. Cl. 215 · United States Court of Federal Claims · Aug 25, 2008

    Dudas, 500 F.3d 1344, 1346 (Fed.Cir.2007) (“To establish entitlement to a preliminary injunction a movant must establish a reasonable likelihood of success on the merits.”) (citing Nat’l Steel Car, Ltd. v. Canadian Pac. … In addition, there is a related subfactor titled Incentives, the description of which included an “effective/reasonable incentive policy to attract, motivate, and retain qualified representative^].”

    Cited 37 timesPublished
  • Kit-San-Azusa J.V. v. United States

    40 Cont. Cas. Fed. 76,732 · United States Court of Federal Claims · Jan 24, 1995

    Clearly at some point the degree of difficulty due to boulder becomes a differing site condition. That point was reached here. … Not having tried pre-drilling, KSA cannot establish a differing site condition. 4.

    Cited 13 timesPublished
  • North Star Alaska Housing Corp. v. United States

    76 Fed. Cl. 158 · United States Court of Federal Claims · Mar 7, 2007

    Peterson, in July of 1998, complained that his employees were “floundering as to the best course of action for deducting rent” and “withdrawing work for accomplishment by an alternative source,” clearly establishing these … , in the work authorizations, to be reimbursed at the rates established by this list.

    Cited 76 timesPublished
  • Dean v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 7, 2015

    On May 17, 2013, I.D.’s pediatrician wrote a permanent medical exemption from future immunizations due to adverse reaction. Id. at 10. … Cir. 1994)) (“[t]he petitioner must affirmatively establish a reasonable basis to recover attorneys’ fees and costs”).

    Cited 0 timesUnpublished
  • Sharpe v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 15, 2019

    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 … Miller, et al., Pertussis Immunization and Serious Acute Neurological Illness in Children, 282 British Med.

    Cited 0 timesPublished
  • Skinner-Smith v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 21, 2022

    He that immunizations are localized and do not affect the immune system like an infection, which can replicate and spread throughout the body. … Thus, petitioner has clearly been provided a full and fair opportunity to develop and present her proffered opinion evidence from both Dr. Ferrier and Dr. Lapp.

    Cited 0 timesUnpublished
  • Beekwilder v. United States

    55 Fed. Cl. 54 · United States Court of Federal Claims · Dec 26, 2002

    The Supreme Court has clearly insisted that a regulatory taking claim does not ripen “until the government[al] entity charged with implementing the regulations has reached a final decision regarding the application of the … Following the receipt of certain information provided by the property owner, the Corps determines whether the proposed discharge qualifies for a permit.

    Cited 5 timesPublished
  • California Ridge Wind Energy LLC v. United States

    United States Court of Federal Claims · Jun 10, 2016

    Further, the counterclaim clearly alleges that $5,635,537 was attributable to the Development Fee. Def.’s Reply at 6. … Plaintiffs’ argument in this regard does not establish that the government’s factual allegations are fundamentally contradictory, and fails to establish that the government’s counterclaim is not plausible.

    Cited 0 timesUnpublished
  • Gummer v. United States

    40 Fed. Cl. 812 · United States Court of Federal Claims · Apr 30, 1998

    In support of its argument, defendant cites the legislative history of section 121 and the Treasury Regulations, which interpret “ownership and use” under the statute: [i]n establishing whether a taxpayer has satisfied the … In addition, it would clearly defy Congress’s purpose to apply a strict physical occupancy requirement rather than inquiring about the reasons for a party’s physical absence.

    Cited 1 timesPublished
  • Bohannon v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 26, 2026

    No payments pursuant to th is Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as Personal Representative of the Estate of Claude Bohannon. … There is absolute ly no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.

    Cited 0 timesUnpublished
  • Whitesell v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 3, 2022

    Standards for Adjudication A petitioner is required to establish her case by a preponderance of the evidence. 42 U.S.C. § 300aa-13(1)(a). … Harris’s expertise in pathology and neuropathology make him more qualified to opine on the significance of M.W.’s autopsy findings.

    Cited 0 timesUnpublished
  • The Ginn Group, Inc. v. United States

    United States Court of Federal Claims · May 3, 2022

    Yet the language used by the Navy cannot be read to require recycling services to the exact absolute outer boundaries because the language is qualified by the word “possible.” … Although Ginn Group emphasizes the fact that the Agency revised its internal staffing estimates downward, reducing the size of GCR’s deviation from the estimate from close to % to only %, this adjustment also clearly benefited

    Cited 0 timesPublished
  • Carolina Power & Light Co. v. United States

    82 Fed. Cl. 23 · United States Court of Federal Claims · May 19, 2008

    Under this approach, 112,843 hours of work on breach-related mitigation projects by more than 300 salaried employees do not qualify as “incremental to the breach.” (PX 166). … Defendant argues that this cost should not be recoverable because it is the functional equivalent of interest on a claim, and is not allowable in claims against the Government in the absence of a waiver of sovereign immunity

    Reversed on other grounds by Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC, 683 F.3d 1330 (2012)Cited 28 timesPublished
  • BARRON v. United States

    United States Court of Federal Claims · Oct 31, 2024

    This warranty clause clearly indicates a transfer of fee simple. … But that is clearly not what the condemnation sought to do.

    Cited 0 timesPublished
  • Bishop Hill Energy LLC v. United States

    United States Court of Federal Claims · Jun 10, 2016

    Further, the counterclaim clearly alleges that $4,380,039 was attributable to the Development Fee. Def.’s Reply at 6. … Plaintiffs’ argument in this regard does not establish that the government’s factual allegations are fundamentally contradictory, and fails to establish that the government’s counterclaim is not plausible.

    Cited 0 timesUnpublished

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