Case law

Castaldi v. Secretary of the Department of Health & Human Services

119 Fed. Cl. 407 · United States Court of Federal Claims · Jan 6, 2015

She did explain that she meant “a few words that could be clearly understood” as reported by Mrs. Castaldi, who was known to Dr. Escobar as a speech therapist. Tr. 34. … Wiznitzer to be more qualified due to his experience with treating and diagnosing childhood autism disorders. She thus placed greater weight and reliance on his report.

Anchor Savings Bank, FSB v. United States

81 Fed. Cl. 1 · United States Court of Federal Claims · Mar 14, 2008

If a plaintiffs loss model clearly establishes a reasonable probability of damage, then “uncertainty as to amount will not preclude recovery.” Bluebonnet Sav. Bank, FSB v. … “If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Locke v. United States, 151 Ct.Cl. 262 , 283 F.2d 521 (1960).

GHS Health Maintenance Organization, Inc. v. United States

76 Fed. Cl. 339 · United States Court of Federal Claims · Apr 17, 2007

Nor is OPM’s regulation clearly wrong, or an impermissible construction of the statute.” … To achieve the “lowest schedule of basic rates generally charged,” OPM established a regulatory framework that includes numerous assurances to the government and carriers that rates would be equitably established and adjusted

Cubic Applications, Inc. v. United States

41 Cont. Cas. Fed. 77,075 · United States Court of Federal Claims · Feb 25, 1997

It was not irrational for the SSAC to assume that a contractor in this position would hire qualified personnel. … The test it establishes is whether "a private remedy is implicit in the statute." Def.Brief of Feb. 6, 1996, at 16.

cr/zws, LLC v. United States

United States Court of Federal Claims · Jun 4, 2018

Qualifying small business concerns are admitted to the program as participants for a term of up to nine years. Id. § 124.2. Upon successful completion, participants “graduate” from the 8(a) program. … Rather, it noted, “[t]he decline letter clearly demonstrates that the [Fresno District Office] weighed the relative contributions of Charitar and ZWS and determined that Charitar would bring very little in terms of contract

Boston Edison Co. v. States

64 Fed. Cl. 167 · United States Court of Federal Claims · Feb 15, 2005

Smith, 538 U.S. 254, 273 , 123 S.Ct. 1429 , 155 L.Ed.2d 407 (2003) (“[Ajbsent ‘a clearly expressed congressional intention,’ ... ‘repeals by implication are not favored.’”) (quoting Morton v. … Boston Edison has not controverted this assertion, and thus it has failed to establish its burden of proof.

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.

Brunell v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 27, 2026

area but qualifying for a limited exception; suffered an injury or its residual effects for more than six months, died from the injury, or underwent a surgical intervention during an inpatient hospitalization; and has not … The appointment was apparently brief – with the record (made by an intermountain registered nurse) reading, in full: “Pt reports pain in R shoulder area post-flu immunization injection 2 weeks

Huffman Building P, LLC v. United States

United States Court of Federal Claims · Feb 19, 2021

The use of the warehouse/storage was established as an accessory use to a permitted retail use at the time of construction in 1984 . . .. … The use of the warehouse/storage was established as an accessory use to a permitted retail use at the time of construction in 1984 . . ..

Beres v. United States

United States Court of Federal Claims · Apr 16, 2019

Klinge are not qualified to provide expert testimony. … Defendant also asserts that “the phrase ‘more or less’ [in the plaintiffs’ deeds] does not qualify any of the boundary points that are on the ROW [right-of-way],” but only qualifies boundaries on the western edge of plaintiffs

Jacobs Technology Inc. v. United States

100 Fed. Cl. 198 · United States Court of Federal Claims · Jul 29, 2011

And finally, the public interest is clearly *214 served by maintaining the integrity of the procurement system. B. … Presumably, the documents that IBM requests would establish (or not establish) a PIA violation- — that Jacobs knowingly obtained information from the agency regarding the quantities of users the agency planned to use for

Archer v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 29, 2021

Thus, he bears the burden of establishing actual causation. … He stated, “One would expect an immune response to occur within 7-10 days after a vaccination, if implying an immune response modulated by molecular mimicry, epitope spreading and induced autoimmunity from infectious agents

Mass ex rel. Mass v. Secretary of Health & Human Services

31 Fed. Cl. 523 · United States Court of Federal Claims · Jun 21, 1994

It has long been an established principle of federal law that “courts which are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction.” … The special master clearly reviewed the details of petitioner’s cost request because he did reduce the original request of $931.29 by deducting a $25.00 donation to Dissatisfied Parents Together as not allowable under the

Inter-Tribal Council of Arizona, Inc. v. United States

United States Court of Federal Claims · Oct 17, 2018

“It is well established that statutes of limitations for causes of action against the United States, being conditions of the waiver of sovereign immunity, are jurisdictional in nature.” Martinez v. … United States, 463 U.S. 206, 226 (1983), the Supreme Court found when a statute or regulations “clearly establish fiduciary obligations of the Government in the management and operations of Indian lands and resources,

American Heritage Bancorp v. United States

61 Fed. Cl. 376 · United States Court of Federal Claims · Jul 23, 2004

Gladstone still possessed the state of mind required to qualify for forfeiture under § 2514. For the foregoing reasons, the court finds that Mr. … Gladstone Intended to Deceive the Government The government has also clearly and convincingly established that Mr.

Boaz Housing Authority v. United States

United States Court of Federal Claims · Dec 20, 2018

In breach-of-contract cases, a plaintiff’s burden of establishing a basis for Tucker Act jurisdiction is generally easy to satisfy. … Id. at 200, 202. 9  Thus, the court of appeals observed that 5 U.S.C. § 702 “waives the sovereign immunity of the United States only for ‘[a]n action in a court

Tippins v. United States

United States Court of Federal Claims · Jul 6, 2021

If Congress has clearly spoken—i.e., the court determines that the statute is unambiguous—the Court must give effect to Congress’s plain words expressing its intent. Id. … From 1970 to 2011, the DOL reversed course twice on whether “service advisors” qualified as “salesmen,” and attempted to amend its definition accordingly. Id. at 2121–24.

State of South Carolina v. United States

United States Court of Federal Claims · Aug 20, 2019

Although Congress designated a formula for reimbursing local governments, appropriations for the PILT program were insufficient to reimburse all qualifying communities to the amount yielded by the formula. … The answer is clearly “no.” The Judgment Fund cannot be manipulated to change the answer to this question from “no” to “yes.” To hold otherwise would enable courts to circumvent congressional decisions not to act.

Vierrether v. United States

27 Fed. Cl. 357 · United States Court of Federal Claims · Dec 23, 1992

ALCOAST 25/88 established a panel to review these recommendations to determine which members would be retained. … The effect of ALCOAST 22/88 was to change the personnel manual to state that service members qualifying for a RIF are not entitled to an administrative discharge board hearing.

Pool v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 8, 2026

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 … Petitioner’s injury did have some features of MG, and the diagnosis was fairly disputed, with objective evidence supporting it (including the views of a qualified treater).