Case law
Opinions from 1658 to today.
4,740 results
0.93s
Cully Corporation v. United States
United States Court of Federal Claims · May 19, 2022
These issues included whether the United States’ actions qualified as an interference necessary to prove a taking and whether Cully had incurred damages from the taking of its reversionary interest or could incur damages … Because sua sponte amendment is clearly contemplated under RCFC 54(b), the Court will not analyze whether sua sponte amendment is also allowed under other provisions. 4
Cited 0 timesPublishedUnited States Court of Federal Claims · Feb 18, 2015
Borrowers must select contractors who are qualified to perform the work. Id. § 1924.6. … Id. § 1924.6(a)(1). 2 In 2009, the Farrells qualified for a loan of $127,300 to construct a single family home.
Cited 0 timesUnpublished88 Fed. Cl. 266 · United States Court of Federal Claims · Jul 27, 2009
Proof of actual knowledge was established by the e-mail Ms. Allen received from Mr. … Qualifies as a Defective Pleading Subject to Equitable Tolling Under Irwin . In Mr.
Cited 7 timesPublishedDCMS-ISA, Inc. v. United States
84 Fed. Cl. 501 · United States Court of Federal Claims · Nov 14, 2008
Of those thirteen, eleven involved teaming arrangements between SDVOSB prime contractors and larger, established security guard businesses. 4 Id. at 1769,1839 . … but that the magnitude of the effort under Pond’s other two past performance references was significantly smaller and less complex than the proposed FPS contract in that the guards were unarmed and were not trained and qualified
Cited 16 timesPublishedFlowers v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 3, 2024
But this occurs only where other factors establish that some synergistic combination of causes involving the vaccine and the claimant’s own preexisting health likely caused a faster immune stimulation process. … There is no evidence of any suspicious vaccine reaction that could suggest an aberrant immune response had begun.
Cited 0 timesUnpublishedCencast Services, L.P. v. United States
91 Fed. Cl. 496 · United States Court of Federal Claims · Feb 2, 2010
They are clearly covered by the attorney-client privilege, and the IRS may still assert the privilege with respect to particular portions of FSAs containing this sort *505 of confidential government information.” … As described above, to qualify as privileged, an attorney’s statements must incorporate and reveal a client’s communications. Helex, 216 Ct.Cl. at 475 , 1978 WL 8445 . Ms.
Cited 7 timesPublishedSweeney v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 10, 2020
Steinman stated that “molecular mimicry is established for [GBS].” Tr. 22:17. … As previously established, there was nothing to suggest that her course was aggravated in any way. Likewise, Dr. Lancaster also clearly articulated how Ms.
Cited 0 timesUnpublishedKellogg Brown & Root Services, Inc. v. United States
115 Fed. Cl. 46 · United States Court of Federal Claims · Mar 7, 2014
The December 2012 certified claim clearly attempts to present a claim for IG costs. Def.’s Mot. Ex. A at 14, 16, 19, 21, 29. … One possibly determinative factor is that KBR’s IG costs claim requests a separate amount of money that was not clearly included in the 780 suit.
Cited 11 timesPublished77 Fed. Cl. 605 · United States Court of Federal Claims · Jul 27, 2007
The preface to the report clearly states: “[i]n spite of the large amount of work accomplished by the IPET and others, it is important to recognize that the body of knowledge that has been generated is not complete and much … United States., 1 Cl.Ct. 620 , 628 n. 1 (Cl.Ct.1982) (discussing limits of § 702(c) immunity in relation to flood control projects, and finding it inapplicable to cases involving a taking).
Cited 11 timesPublished71 Fed. Cl. 509 · United States Court of Federal Claims · May 30, 2006
Prior to passage of the 1994 legislation, qualified owners were generally allowed to bid on their loans in “whole loan” sales. See Def.’s App. 211 (Declaration of Audrey Hinton, HUD Senior Hous. Project Manager); Pis.’ … The Tucker Act, 28 U.S.C. § 1491 (2000), which serves at once as a jurisdictional grant and a waiver of sovereign immunity, confers on this court “jurisdiction to render judgment upon any claim against the United States founded
Cited 11 timesPublished82 Fed. Cl. 722 · United States Court of Federal Claims · Jul 31, 2008
“First, plaintiffs must establish that each activity for which overtime compensation is sought constitutes “work.’ … In reviewing the jurisdictional issue, the court determined that “[t]he FAA’s adoption of the GS pay system in the 1996[PMS] clearly qualifies as a regulation” for purposes of jurisdiction under 28 U.S.C. § 1491 because “
Cited 14 timesPublishedSilver Buckle Mines, Inc. v. United States
117 Fed. Cl. 786 · United States Court of Federal Claims · Aug 7, 2014
With respect to the year 2013 assessment fee, section 28f clearly made no allowance for a maintenance fee on pre-1993 unpatented nonplacer claims. … If qualifying assessment work were actually performed during the applicable period --- which seems likely since these are active claims, see Compl. at I --- there would be no windfall at all.
Cited 15 timesPublishedOutdoor Venture Corp. v. United States
100 Fed. Cl. 146 · United States Court of Federal Claims · Jul 25, 2011
United States, 50 Fed.Cl. 539, 545 (2001) (“Here, Plaintiff clearly challenges the termination of its contract. … The Federal Register notice at issue in GASL clearly stated that “[t]his rule is effective February 28, 1996.
Cited 17 timesPublishedLax Electronics, Inc. v. United States
United States Court of Federal Claims · Dec 17, 2019
that the violation ‘clearly affected’ a contract’s award or performance.” … Rather, an experienced and previously qualified bidder was, independent of any solicitation or new need of the agency, removed from the QPL. DLA’s need for qualified parts was unchanged and nothing new imposed.
Cited 0 timesUnpublishedDoe v. Secretary of Health & Human Services
76 Fed. Cl. 328 · United States Court of Federal Claims · Mar 27, 2007
Thus, the Special Master found that the expert failed to establish that the HBV was the legal cause of petitioner’s neutropenia. Id. at 8. … She contends that the pieces of information regarding the onset of her knee pain were “clearly approximations.” Mot. for Rev. at 7.
Cited 63 timesPublishedUnited States Court of Federal Claims · Nov 6, 2018
Cir. 2002) (“Although characterized as a statute of limitations, the filing period[ ] established by ... the CDA [is] ‘jurisdictional in nature,’ for [it] operate[s] as [a] limit[ ] on the waiver of sovereign immunity … Cl. 169, 171 (2010) (“The affirmative language of the ICA, and Inter- Coastal, clearly establishes that the ICA is the sole statutory authority governing jurisdiction in this Court for all charges or payments of money owed
Cited 0 timesPublishedTigerswan, Inc. v. United States
110 Fed. Cl. 336 · United States Court of Federal Claims · Apr 2, 2013
termination On June 22, 2006, the DOD created the TFBSO which is described as “a command resource in direct support of the economic line of operation with the Combatant Commander’s Campaign Plan, with 400 highly qualified … In determining whether the CO clearly" abused its discretion" in terminating a contract for convenience, the court will consider four factors: (1) the CO’s bad faith, (2) 15
Cited 28 timesPublishedE-NUMERATE SOLUTIONS, INC. v. United States
United States Court of Federal Claims · Feb 26, 2026
Davis as a “super qualified” technical expert because he is “the most knowledgeable” person with respect to “code [that] is very confusing[.]” Tr. at 21:7-17. But e-Numerate admits that Mr. … Cir. 2011) (“[T]he courts have not given trade secrets automatic and complete immunity against disclosure, but have in each case weighed their claim to privacy against the need for disclosure . . . .” (quoting Fed. R.
Cited 0 timesPublishedBavli v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 21, 2025
Although clearly easier to meet than the preponderant standard required for compensation, “courts have struggled with the nature and quantum of evidence necessary to establish a reasonable basis.” Wirtshafter v. … The neurologist referenced the bowel issues Petitioner experienced only when opining they did not qualify as exclusionary criteria. Id. at 4.
Cited 0 timesUnpublishedIn Re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs v. United States
United States Court of Federal Claims · Feb 18, 2020
In Stop the Beach, the Supreme Court explained that “[t]he Takings clause only protects property rights as they are established under state law, not as they might have been established or ought to have been established.” … United States, the Supreme Court held that “the text of the [FCA] directs us to determine the scope of the immunity conferred, not by the character of the federal project or the purpose it serves, but by the character of
Cited 0 timesPublished
Ask Donna