Case law
Opinions from 1658 to today.
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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.
Cited 0 timesPublishedTohono 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.
Cited 26 timesPublished67 Fed. Cl. 113 · United States Court of Federal Claims · Jul 29, 2005
Quackenbush of the United States District Court for the District of Nevada dismissed the July 3, 2002 Complaint on the basis of judicial immunity (regarding claims against the Honorable Gregg W. … As the non-moving party, Plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Awad v.
Cited 17 timesPublishedWest 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
Cited 8 timesPublishedKrupp v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 2, 2024
Indeed, the decision at issue does not even confirm that petitioner preponderantly established that she ever suffered the condition alleged. IV. … The question to be resolved, however, is whether that intrusion is “clearly unwarranted.”
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Dec 2, 2022
“VCS encourages its managers to operate within the parameters of established schedules.” Pl.’s Mot. Ex. 6. … Under the FLSA, employees are presumed to be non- exempt from overtime requirements, and thus eligible for overtime pay, unless an employee “clearly meets the requirements of one or more of the exemptions.” 5 C.F.R. § 551.202
Cited 0 timesPublished30 Fed. Cl. 158 · United States Court of Federal Claims · Oct 22, 1993
he is eligible to retire, on the date requested by him and approved by the Secretary concerned, ... or (B) if the officer is not eligible for retirement under any provision of law, be retained on active duty until he is qualified … These sections thus operate as a device to force retirement under one of the established eligibility provisions. They are clearly not an independent basis for retirement pay.
Cited 4 timesPublishedCulligan 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”).
Cited 0 timesPublishedResource 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.”
Cited 2 timesPublishedMaria Carrino, Spouse and of the Estate of Samuel Carrino v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 6, 2013
GBS GBS is an “acute, immune[-]mediated polyneuropathy with several variant forms, the most common of which in the United States is acute inflammatory demyelinating polyneuropathy.” Resp’t’s Ex. A at 7. … Because petitioner failed to establish that Mr.
Cited 0 timesPublishedNaplesyacht.Com, Inc. v. United States
60 Fed. Cl. 459 · United States Court of Federal Claims · Apr 26, 2004
Plaintiff Has Established That It Has Been Prejudiced. … Plaintiff Has Not Established Irreparable Injury In This Case.
Cited 10 timesPublishedAlabama Power Company v. United States
119 Fed. Cl. 615 · United States Court of Federal Claims · Dec 29, 2014
Because the government’s partial breach has already been established, plaintiffs had the task of proving the amount of their alleged damages and establishing that those damages flowed from the government’s breach. … The court is not immune to the equitable appeal of plaintiffs’ argument that they should not be required to shoulder the expense of re-characterizing or re- loading their fuel.
Cited 15 timesPublishedSterling v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 3, 2020
Respondent argued that Petitioner has “failed to establish a reasonable basis for” their claim. Id. at 1. Petitioner did not file a reply. … In rare cases petitioners have succeeded in establishing a vaccine-caused encephalopathy that produced developmental regression or ASD-like symptoms.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · May 9, 2022
Nothing in the CARES Act states or clearly suggests that the student loan temporaiy relief provisions applied retroactively. … As a creditor agency, the Department of Education submits delinquent debts, including defaulted student loans, to the Depmtment of the Treasury for inclusion in TOP by ce1tifying that such debts qualify for collection by
Cited 0 timesPublished51 Fed. Cl. 49 · United States Court of Federal Claims · Nov 28, 2001
Plainly, then, this statute eminently qualifies as ambiguous, and reference to its legislative history is appropriate. … In language clearly applicable to the instant case, the court rejected this construction, refusing to imply this language into the statute.
Cited 17 timesPublishedAvtel Services, Inc. v. Unites States
70 Fed. Cl. 173 · United States Court of Federal Claims · Dec 22, 2005
In his final decision, the contracting officer noted that King had held an “industry day” and had asked for references of qualified personnel. … The record establishes, as in ITT Federal Services Corporation v.
Cited 22 timesPublishedAstle v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 5, 2018
Lahat suggests that intracranial hypertension associated with varicella infection “may have a vasculitic or immune- mediated pathogenesis.” Id. … Petitioners cannot establish entitlement to compensation based solely on their assertions.
Cited 0 timesPublishedTullio v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 14, 2020
This response proceeds through a series of steps involving the innate immune system and (sometimes) the adaptive immune system. … Tullio had established prong one, he would have also established prong three. 43 VI.
Cited 0 timesUnpublishedCienega Gardens v. United States
33 Fed. Cl. 196 · United States Court of Federal Claims · Mar 27, 1995
An act of the government does not qualify as a sovereign act merely because it was undertaken for the pubhc good; the act must also be shown to be generally apphcable to the pubhc, contractors and non-contractors alike. … The third ease which defendant cites, Transohio, is a nonbinding precedent which states that “An agency ... cannot contract away Congress’s sovereign power to regulate unless Congress has clearly and unmistakably empowered
Cited 38 timesPublishedFalconwood Corp. v. United States
60 Fed. Cl. 485 · United States Court of Federal Claims · Apr 26, 2004
The “end result” test, on the other hand, establishes a standard whereby: * * * purportedly separate transactions will be amalgamated into a single transaction when it appears that they were really component parts of a single … This transient status was necessary merely to achieve another overall goal — elim inating any corporate “parent” ownership of the three corporations, so that each might qualify as a subchapter S corporation.
Cited 1 timesPublished
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