Case law

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  • S. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 18, 2022

    The immunization record from this visit documents that petitioner received a flu vaccine in 2017. Id. at 71. … Therefore, the evidence does not qualify as “newly discovered.”

    Cited 0 timesPublished
  • Cienega 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 timesPublished
  • Falconwood 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
  • PCI/RCI v. United States

    41 Cont. Cas. Fed. 77,015 · United States Court of Federal Claims · Nov 15, 1996

    He clearly had the authority to bind both companies which he intended to do by signing the bid proposal itself. … A power of attorney, or other evidence establishing signatory authority, is required only when the signatory is a stranger to the transaction, or where his capacity is not indicated clearly.

    Cited 23 timesPublished
  • Sucesion J. Serralles, Inc. v. United States

    46 Fed. Cl. 773 · United States Court of Federal Claims · Jun 5, 2000

    parties, require that their contract conform to certain standards, follow a particular format, include certain terms, and/or be approved by the responsible federal agency without thereby waiving the Government’s sovereign immunity … and establishing privity of contract between the Government and either non-federal party with respect to the terms of that contract.

    Cited 11 timesPublished
  • Mayvin, Inc v. United States

    United States Court of Federal Claims · Aug 14, 2025

    By definition, a small business set-aside excludes any business that does not qualify for the set-aside from the procurement. … Plaintiffs have established that the agency violated procurement law in its cancellation decision.

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

    United States Court of Federal Claims · Jan 10, 2020

    More clearly, an acute infarction within the right anterior cerebral artery (“ACA”) was visible. Id. Petitioner was prescribed Keppra for possible partial seizures arising from the infarct. Id. at 1092. … Special Masters have continuously found that an onset of less than two days is a medically inappropriate time frame for symptom onset of immune-regulated responses following flu vaccination. See generally id.

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

    United States Court of Federal Claims · May 13, 2019

    The well documented occurrence of EBV in the records and the temporal relationship with the onset of petitioner’s GBS tends to make the alternative cause more likely than the more remote immunization. … A petitioner must establish entitlement to compensation in the Vaccine Program through one of two ways.

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

    United States Court of Federal Claims · Sep 23, 2024

    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 … Strait works) would qualify as well. 4 OSM Attorneys’ Forum Hourly Rate Fee Schedule, https://www.uscfc.uscourts.gov/node/2914 (last visited July 31, 2024). 5 The rates for the 13 paralegals who worked on this matter are

    Cited 0 timesUnpublished
  • Tyler Constr. Group v. United States

    83 Fed. Cl. 94 · United States Court of Federal Claims · Aug 14, 2008

    The construction of various large-scale military projects over an eight-state region, plaintiff contends, simply does not qualify. … At base, then, plaintiff maintains that the Corps *103 has failed to establish that the consolidation of the construction projects identified in the solicitation were “necessary and justified,” hence rendering the solicitation

    Cited 4 timesPublished
  • Blue Water Thinking, LLC v. United States

    United States Court of Federal Claims · Mar 21, 2022

    The solicitation was intended to “replenish the pool of [service-disabled veteran- owned small businesses (SDVOSBs)],” “anticipating that several incumbent SDVOSBs would no longer qualify at the end of the initial five-year … To establish jurisdiction, a plaintiff must therefore demonstrate that it is an “interested party.” 28 U.S.C. § 1491(b)(1).

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

    United States Court of Federal Claims · Mar 13, 2026

    The evidence in the record clearly establishes that Petitioner did not seek treatment for nearly a year after her 2018 vaccination. … Although the standard applied to SIRVA claims on the onset issue is fairly liberal, not every SIRVA claim can be so preponderantly established— and clearly in this case that standard is unmet.

    Cited 0 timesUnpublished
  • Board of County Supervisors of Prince William County v. United States

    47 Fed. Cl. 714 · United States Court of Federal Claims · Sep 28, 2000

    Kelsey himself, he did not personally feel adequately qualified to appraise the land. … If the government intended to offer evidence that was clearly outside the bounds of the court’s order, then defendant ought to have motioned the court for variance.

    Cited 1 timesPublished
  • Pacific Gas & Electric Co. v. United States

    73 Fed. Cl. 333 · United States Court of Federal Claims · Oct 13, 2006

    Both parties agree, and the evidence adduced at trial clearly establishes, that the acceptance rate was a contentious and important issue carefully considered by all parties involved in the nuclear fuel industry. … The court declined to qualify Mr.

    Reversed in part, on other grounds by Pacific Gas & Electric Co. v. United States, 536 F.3d 1282 (2008)Cited 37 timesPublished
  • Phipps v. United States

    126 Fed. Cl. 674 · United States Court of Federal Claims · Apr 26, 2016

    Similar to the portion of Foote Street included in Claim 1, this divided-off portion of Foote Street adjacent to Lots 103 and 183 is clearly marked “Vac. ST.” (capitalization in original). … The facts of Jenkins are markedly distinct from the facts in the above- captioned case, and defendant’s reliance on Jenkins is clearly misplaced.

    Cited 1 timesPublished
  • Wit Associates, Inc. v. United States

    62 Fed. Cl. 657 · United States Court of Federal Claims · Sep 17, 2004

    Based on these ratings, and its overall experience, the evaluators found that Metropolitan’s proposal “clearly surpassed minimum performance standards.” … To establish prejudice under this second ground, a protester must show that there was a "substantial chance” it would have received the contract award absent the alleged error. Emery Worldwide Airlines, Inc. v.

    Cited 27 timesPublished
  • S. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 17, 2020

    Bourdette observed, “there are case reports of patients who . . . either had established POEMS, or within a few weeks or months of a neuropathy clearly had POEMS that presented with subacute [GBS]- like neuropathy.” … Parekh posited that “chronic immune stimulation leads to plasma cell dyscrasia,” and POEMS is a form of plasma cell dyscrasia. Id. at 240:5–7. Dr.

    Cited 0 timesUnpublished
  • K-Con Building Systems, Inc. v. United States

    114 Fed. Cl. 722 · United States Court of Federal Claims · Feb 26, 2014

    Hundley wrote: We have determined that it is no longer in the best interest of the Government to forbear termination for default for your failure to complete within the established completion date. . … The Federal Circuit’s holding has no bearing on what qualifies as an allegation of excusable delay for the purpose of a procuring agency’s referral of such an allegation to the GSA under a Federal Supply Schedule contract

    Cited 2 timesPublished
  • CBY Design Builders v. United States

    105 Fed. Cl. 303 · United States Court of Federal Claims · May 23, 2012

    Of the seven proposals received, the Corps selected the five most qualified firms to participate in Phase II. Id.; see also AR, Tab 1 at 3. … But in its holdings, the Federal Circuit was clearly reviewing the decisions of the agency’s contracting officer. Allied Tech. Grp.

    Cited 87 timesPublished
  • American Pelagic Fishing Co. v. United States

    49 Fed. Cl. 36 · United States Court of Federal Claims · Apr 4, 2001

    Justice Kennedy disagreed with the takings analysis because he could find no clearly identified, traditional, property interest. … All of the legislation in question here was clearly targeted at the Atlantic Star, as the predecessor bills to the appropriations riders indicate.

    Reversed on other grounds by American Pelagic Fishing Company, L.P. v. United States, 379 F.3d 1363 (2004)Cited 9 timesPublished

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