Case law

Weeks-Katona

United States Court of Federal Claims · Mar 31, 2015

United States, No. 05-500), which she alleges she was "clearly not prepared to litigate" at the time she filed it. Compl. at 3. … The Tucker Act waives the sovereign immunity of the United States to allow t Although Ms. Weeks-Katona filed a motion to proceed in forma pauperis, she subsequently paid the Court's filing fee.

E-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.

Wheless v. United States

United States Court of Federal Claims · Mar 31, 2026

Cl. 292, 305 (2005) (contrasting “two waivers of sovereign immunity” — “[t]he first is found in the Tucker Act, 28 U.S.C. § 1491(a)(1) (2000), the foundation of this court’s jurisdiction, and the second is found in the [ … Wheless nevertheless qualified for COAD. The ABCMR agreed that he did. AR 11. In contrast, the Medical Advisory Opinion concluded that Mr. Wheless’s various medical conditions “did not meet the COAD program criteria.”

In 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

Kellogg Brown & Root Services Inc. v. United States

103 Fed. Cl. 714 · United States Court of Federal Claims · May 2, 2012

A master agreement was, in effect, a Basie Ordering Agreement by which KBR would “qualify a certain number of resources prior to [an Army directive], so that [KBR] had them already established.” Tr. at 1258 (Petsehe). … amount immune from future audits.

Langley v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 5, 2025

He assessed Petitioner with shoulder impingement, and noted she had “developed subacromial and possibly subdeltoid bursitis secondary to a flu immunization.” Id. … but qualifying for a limited exception; suffered the residual effects of his injury for more than six months, died from his injury, or underwent a surgical intervention during an inpatient hospitalization; and has not filed

Chu v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 28, 2026

According to the government, “[petitioner’s pain] was clearly not limited to her shoulder, and she clearly circled . . . her left hand, her back, her trapezius, and, to me, it looks like she’s also circled her bicep and both … Thus, it is important to have a definition of SIRVA that is clearly associated with vaccine injection.

Ncl Logistics Company v. United States

109 Fed. Cl. 596 · United States Court of Federal Claims · Mar 8, 2013

In this case, the record does not support a conclusion that NCL provided “information clearly indicating” that NCL was responsible. … Although NCL attempted to improve its performance and did implement some corrective action, the record clearly establishes that NCL had significant lapses in its required performance under the HNT contract.

Resource Conservation Group, LLC v. United States

96 Fed. Cl. 457 · United States Court of Federal Claims · Jan 11, 2011

In response, the United States Congress authorized the Naval Academy to establish and operate a dairy. Id. … Of course, any post-hoc rationalization by the Navy “would be tantamount to an act of bad faith, clearly arbitrary and capricious towards RCG as well as inconsistent with the terms of its own [SJolicitation.”

Abrahamsen v. United States

44 Fed. Cl. 260 · United States Court of Federal Claims · Jul 9, 1999

Thus, in order to qualify for exclusion under section 104(a)(2), plaintiffs must demonstrate, the existence of a “settlement agreement” entered into “in lieu of such prosecution.” … This clearly indicates that the payments were considered to be a substitute for wages and that the payments were part of the employer-employee relationship.

InSpace 21 LLC v. United States

128 Fed. Cl. 69 · United States Court of Federal Claims · Aug 4, 2016

Based on the initial evaluations, the SSA established a competitive range containing all four offerors and authorized the contracting officer to enter discussions with each. AR, Tab 101 at 27913. … The SSEB Chair disagreed with the assessment, concluding there was “no reason” to expect a labor dispute or “to believe both full-time and part-time employees can’t be certified” as qualified to perform tasks, and finding

West Bay Builders, Inc. v. United States

80 Fed. Cl. 700 · United States Court of Federal Claims · Mar 14, 2008

Courts have also stated that, “[e]ven when these two factors are established, a district court still has discretion to deny a request for leave to withdraw or amend an admission.” … See Wallace, 183 F.R.D. at 204 (“Clearly, by the Joint Case Status Report [and] by defendant’s motion for summary judgment, ... plaintiff had more than sufficient notice of the pendency of this matter, the urgency of a response

Grass Valley Terrace v. United States

46 Fed. Cl. 629 · United States Court of Federal Claims · Apr 12, 2000

However, owners were still required to offer to sell the property to qualified non-profits at the end of that period. Id. … Moreover, the latter prepayment provision clearly indicates that Plaintiffs assumed the risk of future regulatory and legislative changes.

Hatter v. United States

38 Fed. Cl. 166 · United States Court of Federal Claims · Jun 6, 1997

We must explore whether the later-filing plaintiffs qualify for an exception to the rule. … The general rule is that a successful plaintiff may not obtain interest on a claim against the United States unless Congress has expressly waived its sovereign immunity on interest by contract or statute.

Wood v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 5, 2018

Wood had failed to establish that she was entitled to compensation. See Doe/17 v. Secʼy of Health & Human Servs., 84 Fed. … These lapses are not a product of the Secretary retaining an expert better qualified than Dr. Byers, although Dr. MacGinnitie actually is much more qualified than she. Rather, without respect to Dr. MacGinnitie, Dr.

PSI Energy, Inc. v. United States

59 Fed. Cl. 590 · United States Court of Federal Claims · Mar 1, 2004

Regulations established that the enrichment service would be calculated in “separative work units”(“SWUs”) and would be made available to qualified utilities pursuant to contract. … Clearly, plaintiffs did benefit from the enrichment service.

Tohono O'Odham Nation v. United States

79 Fed. Cl. 645 · United States Court of Federal Claims · Dec 19, 2007

The two complaints clearly involve the same parties, the same trust corpus, the same asserted trust obligations, and the same asserted breaches of trust over the same period of time. … Like the Tucker Act and the Indian Tucker Act, section 1362 has been treated as waiving sovereign immunity but not creating a cause of action.

Principal Life Insurance Company and Subsidiaries v. United States

116 Fed. Cl. 82 · United States Court of Federal Claims · May 9, 2014

Midland-Ross Corp., 381 U.S. 54, 56 (1965) (“not everything which can be called property in the ordinary sense . . . qualifies as a capital asset”); Comm’r v. … Defendant asserts that the investment trusts employed in the Perpetuals transactions do not qualify as trusts for income tax purposes.

Culligan 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 … The 3 Menarche is “the establishment or beginning of menstruation.” Menarche, Dorland’s Illustrated Medical Dictionary (32nd ed. 2012) (hereinafter “Dorland’s”).

Gueye v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 23, 2025

Report of 3 Cases, 112 ACTA CHIRURGICA BELGICA 447 (2012). 45 Christina Trollmo et al., Intra-Articular Immunization Induces Strong Systemic Immune Response in Humans, 82 CLINICAL & EXPERIMENTAL IMMUNOLOGY 384 (1990). … [Petitioner’s] presentation clearly meets all the [Table] criteria.” Pet’r’s Ex. 14 at 14. Dr.